R2003-0109 09-08-03 RESOLUTION NO. R2003-10g
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH
BEAZER HOMES TEXAS, L.P. FOR THE ALLOCATION OF COSTS
ASSOCIATED WITH THE EXTENSION OF PEARLAND PARKWAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That amended development agreement by and between the City of
Pearland and Beazer Homes Texas, L.P., 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 amended development agreement with Beazer Homes
Texas L.P., for the allocation of costs associated with the extension of Pearland Parkway.
PASSED, APPROVED and ADOPTED this the 8th dayof September ,
A.D., 2003.
ATTEST:
Y~J~IG L~~, =F~I~IC./
I~ SEC.~ETARY t/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2003-109
AMENDMENT TO DEVELOPMENT AGREEMENT
This AMENDMENT TO DEVELOPMENT AGREEMENT (this "Agreement") is
made and entered into as of-~¢,¢/. ~'~ ,2003, by and between the CITY OF PEARLAND,
TEXAS, a home rule municipality located in the counties of Brazoria, Harris, and Fort Bend,
Texas (the "City"), and BEAZER HOMES TEXAS L.P., a Texas limited partnership (the
"Developer"), or its assigns, represented herein by its undersigned, duly authorized general
partner.
RECITALS
The City and the Developer entered into that certain Development Agreement, dated as of
May 22, 2000 (the "Agreement"), relating to the construction of certain public improvements in
connection with the Developer's development within the City.
The parties to the Agreement wish to amend the Agreement to revise the description of
certain projects and the sharing of the costs thereof.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants
and agreements herein contained, and other good and valuable consideration, the receipt and
sufficient of which are hereby acknowledged, the parties hereby agree as follows:
Section 1. Capitalized terms used in this Amendment shall have the meanings
assigned to them in the Agreement, unless otherwise defined or the context clearly requires
otherwise.
Section 2.
follows:
Section 4.4 of the Agreement is hereby amended to read in its entirety as
"4.4 Developer and City Obligations relating to the construction of
Monroe/McHard Road and Pearland Parkway.
(a) The City agrees to proceed with diligence to complete the construction
(currently underway) of the Monroe/McHard Road Extension, as a four-lane road, with
appropriate landscaping, irrigation and lighting;
(b) The Developer has completed the construction of the Pearland Parkway
Extension A four-lane road, with appropriate landscaping, irrigation and lighting, at a
cost of $1,714,323. Upon presentation by Developer of evidence of actual costs incurred,
the City agrees to reimburse the Developer for 50% of such costs ($857,162) from the
proceeds of a City bond issue, or other lawfully available funds of the City, within one
year from the date of this Amendment;
(c) The City agrees to proceed with diligence to complete the construction
(currently underway) of the Pearland Parkway Extension B, as a four-lane road, with
appropriate landscaping, irrigation and lighting;
amendment to development agreement
(d) Except as otherwise specified, the Obligation of the City described in this
Section shall be paid from lawfully available funds that may be currently available in the
budget year in which such improvements are designated to be constructed. The City
agrees to use its best efforts to collect revenues, issue bonds, and appropriate funds as
may be required to finance such improvements."
Section 3. Section 6.13 of the Agreement is hereby deleted.
Section 4. Except as amended hereby, the original terms of the Agreement shall
remain in full force and effect as of the effective date thereof.
[Signatures begin on following page]
amendment to developnlent agreenlent
IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all
requisite authorizations as of the date first above written.
CITY:
ATTEST: // ,
City Manager
Date countersigned:,~, ~, 2003.
I
APPROVED AS TO FORM:
City Attorney
Date countersigned: ~. c/, 2003.
CITY OF PEARLAND, TEXAS, a home rule
municipality
Mayor
DEVELOPER:
BEAZER HOMES TEXAS L.P., a Texas limited
partnership
Name: -~,~FI (D\~C3 OX
amendment to development agrccmcnt
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into as
of May 22, 2000, by and between the CITY OF PEARLAND, TEXAS, a home rule municipality
located in the counties of Brazoria, Harris, and Fort Bend, Texas (the "City"), and BEAZER
HOMES TEXAS L.P., a Texas limited partnership (the "DeveloPer"), or its assigns, represented
herein by its undersigned, duly authorized general partner.
RECITALS
A. Capitalized terms used in these recitals are defined in Article I, below.
B. The Property is currently, or will be after annexation, within the corporate limits of
the City. Developers desire to petition the TNRCC to create MUD No. 23 over the Property. The
City intends to consent to the creation of MUD No. 23. The Developer and the City also intend to
create a PUD over the Property.
C. The Developer is the holder of the right to acquire and develop the Property from the
owner. The Developer currently intends to develop and improve, in various phases, all or a portion
of the Property as a planned residential and general business community centered around a public golf
course with single family residential dwelling units, general business development, institutional
development, public/community developments, a public golf course, and other uses permitted in
conformance with the PUD.
D. To facilitate the development of the Property, the City has agreed to take certain
actions and to construct, or cause to be constructed, various public improvements. Due to the close
proximity of the City Tract, and the adverse impact that certain undesirable land uses would have on
the Project, the City has agreed to restrict the development of the neighboring City Tract, through
the imposition of certain land use controls.
E. This Agreement has been submitted to the City for consideration and review, and the
City has taken all actions required to be taken prior to the execution of this Agreement to make the
same binding upon the City according to the terms hereof.
F. The City, after due and careful consideration, has concluded that the development of
the Property as provided for herein will further the growth of the City, improve the environment of
the City, increase the assessed valuation of the real estate situated within the City, foster increased
economic activity within the City, increase employment opportunities within the City, upgrade public
infrastructure within the City, and otherwise be in the best interests of the City by furthering the
health, safety, morals and welfare of its residents and taxpayers.
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NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and sufficient
of which are hereby acknowledged, the parties hereby agree as follows:
ARTICLE I.
DEFINITIONS; INCORPORATION OF RECITALS
1.1 Definitions. Capitalized terms used herein, including the recitals hereto, shall have the
meanings set forth in this section, unless otherwise defined, or unless the context clearly requires
another definition.
City means the City of Peadand, Texas, a home rule municipality located in the counties of
Brazoria, Harris, and Fort Bend, Texas.
City Tract means the approximately 290-acre tract legally described in Exhibit B attached
hereto and made a part hereof.
Developer means Beazer Homes Texas L.P., a Texas limited partnership.
MMA means a master maintenance association, or other similar special-purpose entity, to be
created and administered by the City upon petition of the Developer for the purpose of maintaining
landscaping and lighting in the rights of way, associated public areas, and adjacent 30-foot setbacks
of the Monroe/McHard Road Extension and both Pearland Parkway Extensions A and B.
Monroe/McHard Road Extension means that portion of Monroe/McHard Road to be
constructed south from Beltway 8, including the "roundabout" to station 120+00 as shown on the
"proposed schematic layout for Pearland Parkway" prepared by LAN, Inc. and dated January 11,
2000.
MUD No. 23 means Brazoria County Municipal Utility District No. 23, to be created under
Article XVI, Section 59 of the Texas Constitution and operated under Chapters 54 and 49 of the
Texas Water Code, as amended.
Pearland Parkway Extension A means that portion of Pearland Parkway to be constructed
south from the "turnabout" to the southern property line of the Property.
Pearland Parkway Extension B means that portion of Pearland Parkway to be constructed
south from the southern property line of the Property to the existing termination of Pearland
Parkway, approximately 2700 feet north of FM 518.
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Project means the real estate development planned for the Property, as more fully described
in Paragraph C of the recitals hereto.
Property means the approximately 527-acre tract legally described in Exhibit A attached
hereto and made a part hereof.
PUD means a Planned Unit Development for the Property adopted pursuant to the City of
Pearland Land Use and Urban Development Ordinance.
Party orparties means all or any of the City and the Developer, as applicable.
TNRCC means the Texas Natural Resource Conservation Commission.
1.2 Recitals incorporated. The representations, covenants and recitations set forth in the
recitals to this Agreement are material to this Agreement and are hereby found and agreed to be true
and correct, and are incorporated into and made a part hereof as though they were fully set forth in
this article.
ARTICLE II.
COOPERATION
Actions of the parties. The parties agree to take such actions, including the execution and
delivery of such documents, instruments, petitions and certifications (and, in the City's Case, the
adoption of such ordinances and resolutions), as may be necessary or appropriate, from time to time,
to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in
carrying out said terms, provisions and intent.
ARTICLE III.
EFFECTIVENESS OF AGREEMENT
This Agreement shall become effective from and after its approval and execution by both
parties.
ARTICLE IV.
DEVELOPMENT AND USE OF THE PROPERTY AND
CONSTRUCTION OF IMPROVEMENTS
4.1 City's obligations.
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(a) The City intends to take the following actions, and agrees to use its best efforts to do
SO:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
Consent to the creation of MUD No. 23 over the Property under the
conditions described in Exhibit C, which are the City's standard consent
conditions for the creation of municipal utility districts, when requested by the
Developer (expected in July or August, 2000);
Enter into a Utility Agreement with the Developer and MUD No. 23 in
substantially the same form as the Utility Agreement attached to the consent
conditions in Exhibit C;
Create a PUD over the Property which will provide the appropriate zoning for
single family residential, general business, and golf course uses;
Create and operate a MMA for the maintenance of landscaping and lighting
in rights of way, associated public areas and adjacent 30 foot setbacks of the
Monroe/McHard Road Extension and both Pearland Parkway Extensions A
and B;
Commit to provide the water supply and wastewater treatment capacity
ultimately required by the Project. Approval of the preliminary plat for the
Property will formalize such commitment. City approval of the preliminary
plat binds the City to an ultimate commitment of water and wastewater
capacity to serve the Project which is expected to include approximately 1,000
equivalent single family connections;
Provide annual water and wastewater connections as required by the Project
and as shown on the Developer's projected annual build-out schedules;
Work with the Developer to obtain all necessary approvals, permits and
consents from Brazoria and Harris Counties with respect to off-tract
improvements, the design and construction of the golf course, and other
matters necessary to the development of the Project;
Allow ingress and egress off of Old Alvin Road for construction purposes
until the Monroe/McHard Road Extension is complete;
Waive the requirements of the City's Park Dedication Ordinance for the
Property. If the portion of the Project developed as a golf course is
redeveloped for residential and/or non-residential purposes, then the
developer conducting such redevelopment shall be responsible for complying
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with the requirements of the City's Park Dedication Ordinance for the
Property;
(x)
Annex those portions of the Property not currently within the corporate limits
of the City, on the petition of the Developer.
4.2 City's obligations relating to the City Tract.
(a) The City, in addition to the other obligations described in this Agreement, shall restrict
the development of the City Tract as described by this Section 4.2. The City intends to adopt
appropriate deed restrictions and restrictive covenants, and agrees to use its best efforts to do so, to
ensure that:
(i)
The City Tract shall be used only for residential, commercial, office;
recreational, storm-water retention and medical uses, included services
ancillary to such uses, including, without limitation, office buildings, retail
stores, shopping centers, hospitals, medical or dental clinics, medical
laboratories, churches, places of worship, schools, hotels, motels, and
restaurants;
(ii) No part of the City Tract shall be used for:
adult or sexually-oriented businesses, including the sale, use or
exhibition of lewd films or books or other pornographic materials, or
live lewd shows;
the sale of alcoholic beverages for on-site consumption by a business
that derives more than 50% of its gross sales from the sale of alcoholic
beverages for on-site consumption; or
(c)
any other purpose which is in violation of any applicable law,
including, without limitation, police, health, sanitary, building, and fire
codes;
(iii)
No non-residential building over two stories (30 feet) on the City Tract will
be located closer than 40 feet to the Property. Residential structures,
regardless of height, and non-residential structures not greater than two
stories (30 feet) may be located closer to the Property, subject to the
minimum set-back requirements of the applicable building codes and
municipal ordinances;
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4.3
to do so:
(iv)
Lighting structures on the City Tract located within 60 feet of the Property
shall be designed in such a manner so that the lighting is not directed towards
the Property.
Developer' s obligations.
The Developer intends to take the following actions, and agrees to use its best efforts
'(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
Petition the TNRCC for the creation of MUD No. 23;
Prepare and implement the PUD, including the adoption of deed restrictions
and other restrictive covenants consistent with the PUD and relevant City
regulation;
Assemble and purchase the Property for ownership and development;
Oversee and construct neighborhood improvements and amenities, such as
water, sanitary sewer and drainage facilities and payment of impact fees to the
City;
Advertise and market the Project;
Pay property taxes on the Property;
Maintain the Property;
Construct the Project and pay associated land planning, legal, architectural,
engineering, surveying, and design expenses;
Provide the City will projected annual build-out schedules for the purpose of
providing water and wastewater capacity to the Project;
Provide to the City those documents necessary to coordinate the development
of the Project, including golf course conceptual plans, documents which detail
time lines and construction schedules and marketing information;
Petition the City for the creation of the MMA;
Petition the City for annexation of those portions of the Property not currently
within the corporate limits of the City.
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4.4 Developer and City Obligations relating to the construction of Monroe/McHard Road
and Pearland Parkway.
(a) The City agrees to construct the Monroe/McHard Road Extension, which will be
constructed as a two-lane road, with appropriate landscaping, irrigation and lighting, and shall be
constructed in a timeframe agreeable to the City and the Developer. Acknowledging the critical
relationship between the completion of the Monroe/McHard Road Extension and the success of the
golf course, the City agrees to use its best efforts to complete construction of the Monroe/McHard
Road Extension prior to the initial operations of the golf course, but in no case later than two years
from the date of this Agreement;
(b) The Developer agrees to construct the Pearland Parkway Extension A, which will be
constructed as a two-lane road, with appropriate landscaping, irrigation and lighting;
(c) The City agrees to expand the two-lane Pearland Parkway Extension A to four lanes
when such expansion is deemed necessary by the City's criteria for roads and streets~
(d) The Developer agrees to dedicate the right of way necessary for the widening of
Pearland Parkway Extension A to four lanes;
(e) The City agrees to construct the Pearland Parkway Extension B, which will be
constructed as a two-lane road, with appropriate landscaping, irrigation and lighting, and shall be
constructed in a timeframe agreeable to the City and the Developer~
(f) The City agrees to expand the two-lane Pearland Parkway Extension B to four lanes
when such expansion is deemed necessary by the City's criteria for roads and streets;
(g) The Developer agrees to contribute to the City the sum of money equal to the
construction costs of the Pearland Parkway Extension A, to be used by the City for Pearland Parkway
ExtenSion B, at the time the City awards a construction contract for such extension;
(h) The Developer agrees to contribute to the City 50% of: (i) the cost of acquisition of
the right of way for the Pearland Parkway Extension B and (ii) the cost of construction of the bridge
for the Barry Rose draining ditch, up to a maximum contribution of $125,000, at the time such fight
of way is acquired and the City awards a construction contract for such bridge. At such time as the
City approves plats for any other development fronting the Pearland Parkway Extension B, the City
agrees to collect from such developers a fee equal to their pro rata share of these costs, as determined
by acreage. The City agrees to pay such fees, as collected, to the Developer as reimbursement for
the Developer's initial contribution;
(i) The Obligation of the City described in this Section 4.4 shall be paid from lawfully
available funds that may be currently available in the budget year in which such improvements are
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(i) The Obligation of the City described in this Section 4.4 shall be paid from lawfully
available funds that may be currently available in the budget year in which such improvements are
designated to be constructed. The City agrees to use its best efforts to collect revenues, issue bonds,
and appropriate funds as may be required to finance such improvements.
ARTICLE V
AUTHORITY; COVENANTS
5.1 Actions. The City covenants to the Developer and agrees that upon application of the
Developer, the City will use its best efforts to the extent permitted by law to take such actions as may
be required and necessary to process any amendments, variations, special use approvals and permit
applications relating to the Zoning Ordinance and the City's other ordinances, codes and regulations,
as may be necessary or proper in order to insure the development of the Property and the Project in
accordance with this Agreement and the PUD and to enable the City to execute this Agreement and
to carry out fully and perform the terms, covenants, agreements, duties and obligations on its part to
be kept and performed as provided by the terms and provisions hereof.
5.2 Powers.
(a) The City hereby represents and warrants to Developer that the City has full
constitutional and lawful right, power and authority, under currently applicable law, to execute and
deliver and perform the terms and obligations of this Agreement, and all of the foregoing have been
or will be duly and validly authorized and approved by all necessary City proceedings, findings and
actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City,
is enforceable in accordance with its terms and provisions and does not require the consent of any
other governmental authority.
(b) The Developer hereby represents and warrants to the City that Developer has 'full
lawful right, power and authority to execute and deliver and perform the terms and obligations of this
Agreement and all of the foregoing have been or will be duly and validly authorized and approved by
all necessary actions of Developer. Concurrently with Developer's execution of this Agreement,
Developer has delivered to the City copies of the resolutions or other corporate actions authorizing
the execution of this Agreement and evidencing the authority of the persons signing this Agreement
on behalf of Developer to do so. Accordingly, this Agreement constitutes the legal, valid and binding
obligation of Developer, and is enforceable in accordance with its terms and provisions.
5.3 Authorized parties. Whenever under the provisions of this Agreement and other
related documents and instruments or any supplemental agreements, any request, demand, approval,
notice or consent of the City or Developer is required, or the City or Developer is required to agree
or to take some action at the request of the other, such request, demand, approval, notice or consent,
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or agreement shall be given for the City, unless otherwise provided herein, by the City Manager or
his designee and for Developer by any officer of Developer so authorized (and, in any event, the
officers executing this Agreement arb so authorized); and any party shall be authorized to act on any
such request, demand, approval, notice or consent, or agreement.
ARTICLE VI
GENERAL PROVISIONS
6.1 Time of the essence. Time is of the essence of this Agreement. The parties will make
every reasonable effort to expedite the subject matters hereof and acknowledge that the successful
performance of this Agreement requires their continued cooperation.
6.2 Default.
(a) A party shall be deemed in default under this Agreement (which shall be deemed a
breach hereunder) if such party fails to materially perform, observe or comply with any of its
covenants, agreements or obligations hereunder or breaches or violates any of its representations
contained in this Agreement.
(b) Before any failure of any party to perform its obligations under this Agreement shall
be deemed to be a breach of this Agreement, the party claiming such failure shall notify, in writing,
the party alleged to have failed to Perform of the alleged failure and shall demand performance. No
breach of this Agreement may be found to have occurred if performance has commenced to the
reasonable satisfaction of the complaining party within 3 0 days of the receipt of such notice, subject,
however, to the terms and provisions of Section 6.2(c). Upon a breach of this Agreement, the
non-defaulting Party, in any court of competent jurisdiction, by an action or proceeding at law or in
equity, may secure the specific performance of the covenants and agreements herein contained, may.
be awarded damages for failure of performance, or both. Except as otherwise set forth herein, no
action taken by a Party pursuant to the provisions of this Section pursuant to the provisions of any
other Section of this Agreement shall be deemed to constitute an election of remedies and all remedies
set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth
herein or available to any Party at law or in equity. Each of the Parties shall have the affirmative
obligation to mitigate its damages in the event of a default by the other Party.
(c) Notwithstanding anything in this Agreement which is or may appear to be to the
contrary, if the performance of any covenant or obligation to be performed hereunder by any Party
is delayed as a result of circumstances which are beyond the reasonable control of such Party (which
circumstances may include, without limitation, pending or threatened litigation, acts of God, war, acts
of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such
as, by way of illustration and not limitation, severe rain storms or below freezing temperatures, or
tornados] labor action, strikes or similar acts) the time for such performance shall be extended by the
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amount of time of such delay. The Party claiming delay of performance as a result of any of the
foregoing "force majeure" events shall deliver written notice of the commencement of any such delay
resulting from such force majeure event not later than seven days after the claiming Party becomes
aware of the same, and if the claiming Party fails to so notify the other Party of the occurrence of a
"force majeure" event causing such delay, the claiming Party shall not be entitled to avail itself of the
provisions for the extension of performance contained in this Section.
6.3 Personal liability ofpubtic officials. To the extent permitted by State law, no public
official or employee shall be personally responsible for any liability arising under or growing out of
this Agreement.
6.4 Liability of the Developer, its successors and assignees. Any obligation or liability of
the Developer whatsoever that may arise at anytime under this Agreement or any obligation or
liability which may be incurred by the Developer pursuant to any other instrument, transaction or
undertaking contemplated hereby shall be satisfied, if at all, out of the assets of the Developer only.
No obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof
be had to, the property of any of partners, officers, employees, shareholders or agents of the
Developer, regardless of whether such obligation or liability is in the nature of contract, tort or
otherwise.
6.5 Notices. Any notice sent under this Agreement (except as otherwise expressly
required) shall be written and mailed, or sent by rapid transmission confirmed by mailing written
confirmation at substantially the same time as such rapid transmission, or personally delivered to an
officer of the receiving party at the following addresses:
If to the City:
City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
with a copy to:
City Attorney
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
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If to the Developer:
Beazer Homes Texas L.P.
10235 West Little York, Ste. 240
Houston, Texas 77040
Attention: Dan Olson
with a copies to:
Beazer Homes Texas L.P.
10235 West Little York, Ste. 240
Houston, Texas 77040
Attention: Kurt Watzek
James A. Boone
Vinson & Elkins L.L.P.
2300 First City Tower
1001 Fannin
Houston, TX 77002-6760
Fax No.: (713) 615-5523
Each party may change its address by written notice in accordance with this Section, Any
communication addressed and mailed in accordance with this Section shall be deemed to be given
when so mailed, any notice so sent by rapid transmission shall be deemed to be given when receipt
of such transmission is acknowledged, and any communication so delivered in person shall be deemed
to be given when receipted for by, or actually received by, an authorized officer of the City or the
Developer, as the case may be.
6.6 Amendments and waivers. Any provision of this Agreement may be amended or
waived if such amendment or waiver is in writing and is approved by the City Council and the
Developer. No course of dealing on the part of the City or the Developer nor any failure or delay by
the City or the Developer with respect to exercising any right, power or privilege pursuant to this
Agreement shall operate as a waiver thereof, except as otherwise provided in this Section.
6.7 Invalidity. In the event that any of the provisions contained in this Agreement shall
be held unenforceable in any respect, such unenforceability shall not affect any other provisions of
this Agreement and, to that end, all provisions, covenants, agreements or portions of this Agreement
are declared to be severable.
6.8 Successors and assigns. No party to this Agreement shall have the right to assign its
rights under this Agreement or any interest herein, without first giving to the other party notice from
the assignor of such assignment and acknowledgement of such assignment from the assignee.
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6.9 Exhibits, titles of articles, sections and subsections. The exhibits attached to this
Agreement are incorporated herein and shall be considered a part of this Agreement for the purposes
stated herein, except that in the event of any conflict between any of the provisions of such exhibits
and the provisions of this Agreement, the provisions of this Agreement shall prevail. All titles or
headings are only for the convenience of the parties and shall not be construed to have any effect or
meaning as to the agreement between the parties hereto. Any reference herein to a section or
subsection shall be considered a reference to such section or subsection of this Agreement unless
otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable
exhibit attached hereto unless otherwise stated.
6.10 Applicable law. This Agreement is a contract made under and shall, be construed in
accordance with and governed by the laws of the United States of America and the State of Texas,
and any actions concerning this Agreement shall be brought in either the Texas State District Courts
of Brazoria County, Texas or the United States District Court for the Southern District of Texas.
6.11 Entire agreement. This written agreement represents the final agreement between the
parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral
agreements of the parties. There are no unwritten oral agreements between the parties.
6.12 Term of Agreement. The term of this Agreement shall commence on the date first
written above and shall continue until the date which is the earlier of(a) the completion of the Project,
the Monroe/McHard Road Extension, Pearland Parkway Extension A and Pearland Parkway
Extension B, and the final payment from the City to the Developer pursuant to Section 4.4(h); (b)
December 31, 2040; or (c) the early termination of this Agreement pursuant to Section 6.13.
6.13 Early Termination of Agreement. The Developer reserves the right to terminate this
Agreement by delivery of written notice to the City stating that the Developer has determined to not
purchase the Property. Such determination shall be made by the Developer prior to the expiration
of the feasibility period in the earnest money contract between the Developer and the owner of the
Property (approximately August 15, 2000).
6.14 No waiver of City standards. Except as may be specifically provided in this
Agreement, the City does not waive or grant any exemption to the Property or the Developer with
respect to City regulations or ordinances, including without limitation platting, permitting or similar
provisions.
6.15 Approval by the parties. Whenever this Agreement requires or permits approval or
consent to be hereafter given by any of the parties, the parties agree that such approval or consent
shall not be unreasonably withheld or delayed.
6.16 Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same agreement.
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6.17 Interpretation. This Agreement has been jointly negotiated by the parties and shall not
be construed against a party because that Party may have primarily assumed responsibility for the
drafting of this Agreement.
[Signatures begin on following page]
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IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to all
requisite authorizations as of the date first above written.
CITY:
ATTEST:
COUNTERSIGNED:
City Manager /
Date countersigned:
APPROVED AS TO FORM:
City Attorney !
Date:
CITY OF PEARLAND, TEXAS, a home rule
municipality
By: .--~---~q,-~ ~~ Mayor
DEVELOPER:
BEAZER HOMES TEXAS L.P., a Texas limited
partnership
Name:
Title:~¥ .~{ .~.
C:\WINDOWS~TEMl~Developrnent Agreement. WPD - 14-