R2003-0144 10-13-03 RESOLUTION NO. R2003-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A STORM WATER DETENTION AGREEMENT WITH
PEARLAND HUGHES-WEST INVESTMENT LTD., FOR THE PURCHASE
OF DETENTION CAPACITY IN TRANQUILITY LAKE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Pearland Hughes-West investment, Ltd., 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 a contract with Pearland Hughes-West investment, Ltd., for
the purchase of detention capacity in Tranquility Lake.
PASSED, APPROVED and ADOPTED this the 13th day of 0ctobe~' ,
A.D., 2003.
ATTEST:
APPROVED AS TO FORM:
CITY ATTO RN EY
TOM REID
MAYOR
Exhibit "A"
Resolution R2003-144
REGIONAL DETENTION AGREEMENT
This Agreement is entered into this 13 day of Oct~ober ,2003, by and between the
CITY OF PEARLAND, TEXAS, (hereinafter "City"), and Pearland Hughes-West Investments,
Ltd, a Texas Limited Partnership, (hereinafter "West").
WHEREAS, the City recognizes the immediate need to mitigate the increase runoff effects
in the city; and
WHEREAS, City will be constructing the Cullen Road Extension project (the "Project")
requiring compliance with Ordinance No. 817; and
WHEREAS, the Project will require 12.41 acre-feet of storm water detention; and
WHEREAS, Tranquility Lake is the most feasible location for providing the required
detention volume.
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:
West agrees to permanently reserve 12.41 acre-feet of detention capacity in the
Tranquility Lake storm water detention facility to mitigate the increased runoff
created by City.
City agrees to pay directly to West a sum totaling $93,075 in consideration of
West's reservation of storm water detention volume, within 30 days of the execution
of this Agreement.
3. This agreement may only by 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 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.
5. 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.
7. This agreement shall be construed and enforced in accordance with and governed by
the laws of the State of Texas.
8. This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
9. To accomplish execution of this agreement, it may be executed in multiple
counterparts.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
Pearland Hughes-West Investments, Ltd.,
a Texas Limited Partnership
By: P. Hughes-West, Inc., a Texas
tion, Its General Partner
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
Bill Eisen
City Manager
COUNTY OF8~~.~.._ _~_~.~ ,
/~/h~ in. strument was acknowledged before me on the / ~ff/~'-day of
~ 2 , 2003, by Renee' L. West-McGuire of P. Hughes-West, Inc., on behalf
ot~a i~-Corp~)rat~on.
/ Notary ,~Jblic, State ~f Texas
/
Print~
Na,me. _ . , j,
7-; )' '
My Cammission Expires:
STATE OF TEXAS,
BRAZORIA COUNTY,
This instrument was acknowledged before me on this /~"' day of
~?z~/~.._ ,2003, by Bill Eisen, City Manager of the City of
Pearland, a Texas home rule municipality, on behalf of said municipality.
PERLA N~ LEHMAN
APRIL, 2~ 2005
Notary Public, State of Texas
Printed Name:
My Commission Expires:
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