R2000-058 05-08-00 RESOLUTION NO. R2000-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN OVERSIZE AGREEMENT WITH LINGO S. HAMPTON,
LTD., A TEXAS LIMITED PARTNERSHIP, FOR THE OVERSIZING OF A
WATER LINE ON MILLER RANCH ROAD FROM EIGHT INCHES (8") TO
TWELVE INCHES (12").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain oversize agreement by and between the City of Pearland
and Lingo S. Hampton, Ltd., a Texas limited partnership, a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an oversize agreement with Lingo S. Hampton, Ltd., a
Texas limited partnership, for the oversizing of a water line on Miller Ranch Road from
eight inches (8") to twelve inches (12").
PASSED, APPROVED and ADOPTED this the 8th day of ~4ay
A.D., 2000.
ATTEST:
/
~/ITY SE~RETARY¢/
APPROVED AS TO FORM:
TOM REID
MAYOR
DARRIN M. COKER
CITY ATTORNEY
COST SHARING AND DEVELOPMENT AGREEMENT
This Agreement is emered into this ,dOt'day of APRIL, 2000, by and between the
CITY OF PEARLAND, TEXAS Oaereinat~er "City"), and LINGO S. HAMPTON,
LTD., a Texas limited Partnership (herein~er "Developer").
WHEREAS; At the request of the City, the Developer plans to construct a twelve
inch water main and appurtenances necessary for the City to provide water
service to the Developer at it's proposed development to be known as
SOUTH HAMPTON (hereinafter "SOUTH HAMPTON") and to dedicate
said water main and appurtenances to the City for operation and
maintenance; and;
W//ERE~; City desires to cooperate with Developer to provide water service to
the Developer, and at the same time, increase and improve City's capacity
to serve other properties in the Vicinity of the Developer and;
WHEREAS; City and Developer desire an agreement to set forth their respective
respons~ilities with regard to providing water service to the Developer.
WITNESSETH:
NOW THEREFORE, in consideration of the foregoing premises and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, it is hereby agreed as follows:
An eight-inch water main is needed to serve Developer's requirement for
SOUTH HAMPTON. The City desires to oversize this eight inch main to a
twelve inch water main extending from a proposed City water line at the
entrance to Autumn Lake Subdivision on Miller Ranch Road (CR 93),
extending north along Miller Ranch Road a distance of approximately 1300
feet to the South Hampton Subdivision on Miller Ranch Road. A copy of
the proposed route of the water main is detailed under Exhibit "A",
attached hereto and made a part hereof.
To serve additional tracts, the City has requested that Developer construct
a twelve-inch water main instead of the eight inch water main as detailed in
paragraph 1 above.
The estimated cost for the oversizing of the water main from eight inches
to twelve inches is $10,117.45. The estimated engineering allocation costs
for oversizing the water main is $1,517.62. The total estimated oversizing
and additional engineering costs to be reimbursed by City to Developer is
$11,635.07, as described in Exhibit "B", attached hereto. Upon
completion of the Project, actual Costs will be accounted and reported to
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the City. Actual oversizing and engineering reimbursement shall not
exceed the total estimated oversizing and engineering costs by more than
5% without prior approval of the City.
Developer will cause its engineers, reasonably approved by the City, to
prepare plans and specifieatioas for the construction of the water mains
desired by the City.
The bid specifications shall require bidder to reflect the difference in the
cost of constructing the water main as reflected in .the plans and
specifications and the cost which would have been incurred had the water
main been constructed to the site as required by Developer.
Upon approval of the plans and specifications by the City, Developers
engineers will obtain competitive line item bids, in conformance with Local
Government Code Section 252.021, for the construction of the water main
in accordance with the plans and specifications. The bids will be reviewed
by Developer and the City and a contract will be awarded to the successful
bidder by Developer. City reserves the right to reject any and all bids for
the construction of the water maim
Upon approval of the bids by the City, Developer shall cause the work to
be completed in accordance with the plans and specifications as approved
by the City. Developer's engineer and the City Engineer or designee shall
monitor the progress and workmanship of the contractor. Developer shall
advance the funds necessary to pay the contractor for the work performed.
The City will reimburse Developer, as defined in Paragraph 3, within 30
days after acceptance of the improvements by the City and evidence of paid
invoices.
The initial term of this A. greement shall be for a period of two (2) years,
commencing on the .9.6~ day of APRIL, 2000, and terminating on the
~$'~ day of APRIL, 2002, at which time this agreement may be
automatically renewed in one (1) year increments contingent upon need
and the necessary funds being appropriated for said project in accordance
with the City's annual budgeting process.
This agreement may only be amended, modified, or supplemented by
written agreement and signed by both parties.
No assignment by a party hereto of any rights under or interests in this
agreement will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically but without
limitation, moneys that may become due and moneys that are due may not
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be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this
agreement.
Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
Whenever possible, each provision of this agreement shall be interpreted in
such manner as to be effective and valid under applicable law, but if any
provision of this agreement is prohibitive or invalid under applicable law,
such provision shall be ineffective to the extent of such provision or
invalidity, without invalidating the remainder of such provision or the
remaining provisions of this agreement.
This agreemem shall be construed and enfomed in accordance with and
governed by the laws of the State of Texas.
This agreement and all obligations created hereunder shall be performable
in Brazoria County, Texas.
City Resolution No.P,,2000-5 is incorporated herein and made a part of this
Development Agreement for all purposes.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
DEVELOPER HEREBY RELEASES, ACQUITS, AND FOREVER
DISCHARGES THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND
ALL CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF
WHATSOEVER CHARACTER OR NATURE, INCLUDING
ATTORNEYS' FEES ARISING FROM OR BY REASON OF ANY
AND ALL BODILY OR PERSONAL INJURIES, INCLUDING
DEATH AND MENTAL ANGUISH, DAMAGE TO PROPERTY
AND TIlE CONSEQUENCES THEREOF WHICH MAY BE
SUSTAINED BY DEVELOPER, ITS HEIRS, EXECUTORS,
ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT
OF THE CONSTRUCTION BY DEVELOPER OF THE
IMPROVEMENTS REFERENCED ABOVE, UNLESS CAUSED IN
WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSIGNS. DEVELOPER SHALL KEEP AND HOLD HARMLESS
THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES.
STATE OF TEXAS
BEFORE ME, the undersigned Notary Public, on this day personally appeared
TRACY F. GOZA, VICE PRESIDENT, LINGO PROPERTIES INC.,
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purpeses and cons'~erafion therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF
APRIL, 2000.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen Erwin, City Manager of the City of Pearland, known to me to be the
person whose name is subsen'bed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE TillS C~+~' DAY OF
~ -~m~, 2000.
Notary Public, State of Texas
SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST,
LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND
HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES,
CLAIMED OR RECOVERED BY ANYONE BY REASON OF
INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR
DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY
OR RESULTING FROM THE NEGLIGENCE OF DEVELOPER,
THEIR AGENTS, EMPLOYEES, SUCCESSORS. OR ASSIGNS
ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY
DEVELOPER. THE PROVISIONS OF THIS SECTION SHALL
SURVIVE THE TERMINATION, EXPIRATION, OR
CANCELLATION OF THIS AGREEMENT.
In wimess whereof, the parties have hereunto set their hands and signatures
on the date first above mentioned.
LINGO S. HAMPTON , Ltd.,
a Texas limited partnership,
by: LINGO PROPERTIES INC.,
General Partner
By:
Name: TRACY F. GOZ~
Title: VICE PRESIDENT
of LINGO PROPERTIES IRC.
ATTEST:
CITY OF PEARLAND,
A Texas municipal corporation
Name: Glen Erwih
Title: City Manager
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** TOTRL PAGE.02 **
April IR, 2000
EXHIBIT B
SOUTH HAMPTON
BRAZORIA COUNTY M.U.D. No. 19
PEARLAND, TEXAS
COST ESTIMATE OF OFFSITE WATERLINE
12" OFFSITE WATER LINE
Item Description
Unit Quantity
unit Price
Based on
Bid
Total
PVC C-900. DR-18. Class 150 water line. all depths,
complete in place
12-inch
Gate valve with box, standard for City of Pearland,
resilient seated, complete in place
12-1nch
Plug with 2-inch blowoff and box, complete in place
12-inch
Remove 12 inch plug and connect proposed 12 inch
water to existing 12 inch water line:
5. Trench safety system, all depths, complete in place
LF 1307 22 56 $29.485.92
EA 2 838.08 $1.676.16
EA I 311.04 $311.04
EA
I 200 $200.00
1307 0.54 $705.78
Subtotal $32,378.90
Engineering (15%) $4,856,84
Total $37,235.74
Exhibit B - South Hampton
Page 2
April 18, 2000
8" OFFSITE WATER LINE
Item Description
PVC C-900, DR-18, Class 150 water line, all depths,
complete in place
8-inch
Gate valve with box, standard for City of Pentland,
resilient seated, complete in place
8-inch
3. Plug with 2-inch blowoff and box. complete in place
8-inch
4. Remove 12 inch plug and connect proposed 8 inch
water to e&isting 12 inch water line
5. Trench safety system, all depths, complete in place
Unit
Unit Price
Based on
Quantity Bid
LF 1307 15.49
Total
$20,245.43
EA 2 410.4 $820.80
EA I 289.44
$289.44
EA I 200 $200.00
LF 1307 0.54 $705.78
Subtotal $22.261.45
Engineering (15%) $3.339.22
Total $25,600.67
Overall cost difference between 12 inch and 8 inch offsite water line:
$11,635.07
** TOTAL PAGE.03 **