R98-32 03-23-98RESOLUTION NO. R98-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH ML PARTNERSHIP, A TEXAS
GENERAL PARTNERSHIP, FOR THE CONSTRUCTION AND OVERSIZING
OF WATER AND/OR SANITARY SEWER FACILITIES TO SERVE SITES
ALONG PEARLAND PARKWAY FROM MARY'S CREEK NORTH TO THE
INTERSECTION OF BROADWAY (FM 518), AND SANITARY SEWER
SERVICE ON PEARLAND PARKWAY FROM MARY'S CREEK NORTH
ACROSS BROADWAY (FM 518) APPROXIMATELY 3,000 FEET, AND TO
THE BARRY ROSE WASTEWATER TREATMENT PLANT ("BARRY ROSE
WWTP") ALONG AN EASEMENT TO BE ACQUIRED BY THE CITY OF
PEARLAND, AND DEDICATING SAID WATER AND SEWER FACILITIES
TO THE CITY FOR OPERATION AND MAINTENANCE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. 'l'hat certain Development Agreement by and between the City of
Pearland and ML Partnership, a Texas General Partnership, a copy of which is attached
hereto as Exhibit "A" and made a part hereof for al 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 the original of the attached agreement for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the 23rd day of March ,
A.D., 1998.
ATTEST:
TOM REID
MAYOR
RESOLUTION NO. R98-32
APPROVED AS TO FORM:
DARRIN M. COKER
INTERIM CITY ATTORNEY
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DEVELOPMENT AGREEMENT
(EXHIBIT 'A" TO RESOLUTION R98-32)
This Agreement is entered into this /~"~'day of ~',4, ~-
and between the CITY OF PEARLAND, TEXAS, (hereinafter
'ML PARTNERSHIP, a Texas general partnership.
· 19 ~if~, by
"City"l, and
WHEREAS, ML Partnership plans to construct water and/or sanitary sewer facilities
necessary for the City to provide water on Pearland Parkway from Mary's Creek north
to the intersection of Broadway (FM 518) and sanitary sewer service on Peelend
Parkway from Mery's Creek north across Broadway (FM 618) approximately three
thousand feet (30OO fO to 8 Rft ataUi~q and then north to the Berry Rose Wastewater
Treatment Ram (Berry Rose WWTP) (the above locations heretnafter referred to as the
"Sites") along an easement to be acquired by the City of Pearland end to dedicate Mid
water and sanitary sewer facilities to the City for operation and maintenance; and
WHEREAS, City desires to cooperate wiffi ML Partnership end provide water end
sanitary sawor service to the ML Partnership Site, and at the seas time, increase end
improve City's capacity to serve other properties in the vicinity of the Site; and
WHEREAS, City and ML Partnership dosire an agreement to set forth their respective
responsibilities with regard to providing water and/or sanitary sewer service and public
access to the Site.
WIZNEiiEZI:I:
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:
ML Partnership agrees to construct a twelve-inch (12") sanitary sewer main and
lift station and eight-inch (8") force main to serve the Sites and surrounding
properties, with ~e understanding that an eight-inch (8") sanitary sewer eft
station and force main is needed to serve the Sites only. Actual construction
costs shall be determined by competitive, line item bids to be provided by
ML Partnership, and reviewed by the City Engineer to compare said bids to
recent construction costs experienced by City.
The City agrees to reimburse ML Partnership for the cost of oversizing said
water main and sanitary sewer lift station and force main to serve the Sites and
surrounding properties as follows:
(a)
City reimbursement for oversizing sataWarysewerfadlitles shall be limited
to actual construction costs not to exceed $60,000, which is the ee~ll,WJ
cost of incrsek~ the sanitmy sewer force main from six4nch (6') to
eight-inch (8"), increasing the size end depth of the lift station wet well end
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increasing the saniteW sewer main from eight inches (8") to twelve inches
(b)
Reimbursement by City to ML Psrmemhip shall be made monthly based on
contractor payment requests epproved by ML Partnership' project engineer
and the City Engines'.
annual budgeting process.
rmmponmiblty under this agreement
Nothing herein is intended to supersede or waive any City ordinmx~ or regulation
pefiairlng to such oonstnjel}n.
TI~ agreemere and ell obligations created hemundfir shell be pefo~ in
emze ,Tee.
Resolution I%1o. R98-32 is Incorporated-her e in and made a part of this
Developrnent Agreement for ell ~.
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To accomplish execution of this egreement~ it may be executed in multiple
counterparts.
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ML PARTNER~IP HEREBY RI=II:'WES, ACQUITS, AND FOREVER
DI,SCI'IARGE8 THE CITY, ITS OFFICERS, A(tEN'11, EMPLOYEES,
SUCCE.gSOR$, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS,
RIGHTS OR CAI. I~E8 OF ACTION OF WHATSOEVER CHARACTER OR
NATURE, INCLUDING ATI'0FINEY8' FEES, ARISI~ FROM OR BY REASON
OF ANY AND ALL BODILY OR PERB(NiRL INJURIES, INCLUDIlli DEATH
CONBE(XjBICE8 THEREOF ~ MAY BE 8U81'.~MIF. D BY ML
ORAJO!g~.?tABAREBULTOFTHECONITRUCTIONBYMLP-aR!IIERIi'iP
OF 1HE WATER AND 8&IITARY SEWER FACIUTIEI ~ TH(X!(2UQtfRRE
IU~ORA881QN~. MLPARIi'IEFIt'IPI(RLLKEEPRNDHOLD
FROM THE NEqIInaNCE OF ML P.atRINERIIIP, THEIR AQENll,
SUCH C(2NS"fitlfi,v"TIO N BY ML PARTNERSHIP. THE PROVlSI(Xi8 OF THIS
CANCELLATION OF THIS AGREEMENT.
In witness ~f, lhe parties have hermx~ set their hands and signatures on the dais
tim above mentioned.
ML PARTNERSHIP,
el'eemgenemi~
a Texas municipal corporalion
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STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Robert Lewis, Managing General Partner of ML Partnership, a Texas general partnership,
known to me to be the person whose name is subecdbed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and cormideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS c~(~+k DAY OF
I~Aa r/'j,~ , .D., 1998.
A
STATE OF TEXAS
COUNTY OF BRAZORIA
§
t
t
BEFORE ME, the undersigned Notary Public, on this day pesonily appeared
person whose neme is subscribed to the foregoing i~ end acknowledged to me
that he executed the nude for the purl2oam ainu comidemtion therein exprmm:l.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~i& DAY OF
----~r~, , A.D., 1998.
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