R99-047 06-14-99RESOLUTION NO. R99-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DEVELOPMENT AGREEMENT WITH SOWELL PROPERTY PARTNERS-
PEARLAND, L.P., FOR OVERSIZE CONSTRUCTION OF A WATER MAIN
TO SERVE THE PROPOSED CLEAR CREEK PARK SUBDIVISION IN THE
VICINITY OF PEARLAND PARKWAY AT CLEAR CREEK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Development Agreement, by and between the City of
Pearland and Sowell Property Partners-Pearland, 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. The City Manager or his designee is hereby authorized to execute,
and the City Secretary to attest, the attached agreement and counterparts thereof.
PASSED, APPROVED and ADOPTED this the day of
~Ol~q.~ , A.D., 1999. ~-----'~d'~,"/ ~
TOM REID
MAYOR
ATTEST:
c~UNG J,,'O~Y-~G /
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R99-47)
This Agreement is entered into this I~'I'~ day of .-~ ~¢.~. ,1999, by and between
the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and SOWELL PROPERTY
PARTNERS-PEARLAND, LP., a Texas limited partnership (hereinafter "Developer").
WHEREAS, Developer intends to acquire, and has the right to acquire under the terms of
a contract between Developer and the owner, that certain parcel of land containing
46.9235 acres, more or less (the "Land"), more fully described on Exhibit "A" attached
hereto and incorporated herein by reference;
WHEREAS, Developer has petitioned or plans to petition City for the annexation of the
Land, also known as the proposed Clear Creek Park subdivision, into Brazoria County
Municipal Utility District No. 19 (hereinafter "MUD"), such land being wholly located within
the City of Pearland generally located along Pearland Parkway at Clear Creek;
WHEREAS, in connection with development of the Land, Developer plans to construct a
water main and appurtenances necessary for the City to provide water service to the MUD
and to dedicate said water main and appurtenances to the City for operation and
maintenance;
WHEREAS, City has previously constructed a sanitary sewer main in the vicinity of the
MU D, connection to which requires payment by Developer to City of a construction pro rata
charge;
WHEREAS, City desires to cooperate with Developer to provide water and sanitary sewer
service and other infrastructure improvements to the MUD, and at the same time, increase
and improve City's capacity to serve other properties in the vicinity of the MUD; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing water and sanitary sewer service to the MUD and
responsibilities for construction of other infrastructure requirements.
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 requirements for the MUD
and is required to be extended to the MUD from the existing termination point in the
vicinity of 1000 feet north of FM 518 on Pearland Parkway.
To serve additional tracts, the City has requested that Developer construct a
sixteen-inch water main, with the difference in cost to be reimbursed by the City to
Developer.
The estimated costs for the water main extension to serve Developer's
requirements is $24,512. The estimated costs for the water main extension as
requested by the ,City is $67,402. Therefore, the estimated oversizing cost is
$42,890. The total estimated oversizing cost to be reimbursed by City to Developer
is $42,890 as described in Exhibit"B." Upon completion of the project, actual costs
will be accounted and reported to the City. Actual oversizing reimbursement shall
not exceed the total estimated oversizing cost by more than 5% without prior
approval of the City. City's approval of the bids as set forth below shall be deemed
to be approval of any such excess reflected thereby.
Developer will cause its engineers, reasonably approved by the City, to prepare
plans and specifications for the construction of the water main desired by the City.
The bid specifications shall require each bidder to reflect the difference in the cost
of constructing the water main extension as reflected in the plans and specifications
and the cost which would have been incurred had the water main extension been
constructed to the size required by Developer.
Upon approval of the plans and specifications by the City, which shall not be
unreasonably withheld or delayed, Developer's engineers will obtain competitive
line item bids for the construction of the water main extension 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 and
sanitary sewer main extensions, in which event Developer shall not be obligated to
construct more than its own requirements. City's approval of the bids shall not be
unreasonably withheld or delayed.
Upon approval of the bids by the City, Developer shall cause the work to be
completed in accordance with the plans and specifications. 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.
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10.
11.
12.
¸13.
14.
15.
The City will include the following items across the Pearland Parkway right-of-way,
for the benefit of Developer, in its construction contract for the extension of
Pearland Parkway adjacent to the MUD: one sanitary sewer lead; two storm sewer
leads; and two paving turn-outs. Developer's engineer shall submit detailed
engineering plans and specifications to City's engineer for inclusion in the City's bid
package as separate bidding items. Developer shall pay the bid price of such
improvements to City prior to City's award of contract.
In its construction contract for Pearland Parkway, the City will coordinate the
location of the Pearland Parkway median crossing to the proposed Pebble Creek
Drive as shown on Developer's preliminary plat.
Developer shall pay a pro rata sewer connection charge of $776.04 per platted
acre, due prior to acceptance by the City of the Clear Creek Park subdivision
improvements.
Developer's obligations hereunder are specifically contingent upon Developer's
acquiring fee simple title to the Land.
The initial term of this Agreement shall be for a period of two (2) years, commencing
on the /'/'~ day of _1',,,,.~_ , 1999, and expiring on the /.~"'Zday of
_-T,~, ~.. ,200/__, at which time, this agreement shall be automatically
renewed in one (1) year increments, unless (a) Developer has commenced
construction of the oversized water main, and (b) City notifies Developer in writing
that the funds for City's reimbursement obligations hereunder are no longer
available as a result of the City's annual budgeting process. Provided, however,
notwithstanding the date set forth herein as the expiration date of this agreement,
if any construction by either Developer or City of any improvements contemplated
in this Agreement has commenced on or before said expiration date, then this
Agreement shall automatically extend as necessary to allow for the completion of
said construction and reimbursement by City to Developer as set forth herein.
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 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.
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16.
17.
18.
19.
20.
21.
22.
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 agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
This agreement and all obligations created hereunder shall be ped:ormable in
Brazoria County, Texas.
Resolution No. R99-47 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 RELEASE, ACQUIT, AND FOREVER DISCHARGE 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 THE 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, 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
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PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION,
EXPIRATION, OR CANCELLATION OF THIS AGREEMENT.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
SOWELL PROPERTY PARTNERS-PEARl-AND, L.P.
a Texas limited partnership
By: Sowell Property Company-Pearland,'
Inc., a Texas corporation,
Its general partner
By:
(..~a~es S7 Cornelius
~ffc'e President
ATTEST:
CITY OF PEARLAND,
a Texas municipal corporation
City Manager
5
STATE OF TEXAS
BRAZORIA COUNTY
(~ BEFORE M,E, the undersigned Notary Public, on this day personally appeared
ler~ ~,. ~'~olr~. , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND ~EAL OF OFFICE THIS ~"~' DAY OF
5L~q~ , A.D., 19 qq..
N:~ary Public, Stat~] o7 Texas
Printed Name: V~.5,erl~)
My Commission Expires:
STATE OF TEXAS
BRAZORIA COUNTY
BEFORE ME, the, undersigned Notary Public, on this day personally appeared
(~.v~t,Q~ ~OL'XL~zL_ , known to me to be the person whose name is
s~Jbscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~'" DAY OF
~.~,.:.,:C),___~ , A.D., 19~'~.
* AMY E. WERNER
Notary Public, Sram of Te. xas
~ ~~,,.,
Notary Publ~, State of Texas
Printed Name:
My Commission Expires:
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EXHIBIT A
SOWELL PROPERTY PARTNERSJ~EARLAND, LP.
May 19, 1999
Required
$ 38.00 $ 36, lg0.00
16-in Butterfly Valve and Box $ 1,5(30.00 $ 3,(~0.co
RushValveAssembly $ 1,500.00 $ 3~0(X~.00
Unit Cost City of Pearland
Difference Total
26.00 $
1,1CO.00 $ 2,200
$
4 I EA 2-in ~ $ 275.~0 $ 275.00
5 950 LF TrenchSafet~ $ 0.10 $ 95.00
SUBTOTAL $ 15,570.00
OffsKe
6 615 LF 84nPVC(DR-18C-900) $ 12.~0 $ 7,380.00
7 1 EA Flush Vak~ Assembly $ 1,500.00 $ 1,5(~0.00
8 615 LF TrermhSafet,/ $ 0.10 $ 61.50
SUBTOTAL $ 8,941.50
TOTAL $ 24~11.50
24n Blew-Off $ 275.00 $ 275.00
erich Safety S 0.10 $
$ 42,470.00
;*in PVC (DR-18 C-905) $ 38.a0 $ 23.370.00
F[ushVa~veAssembty $ 1,500.(;0 $ 1,5~).CO
Trench Safeb/ $ 0.10 $ 61.50
$
$
$ 26,9(30
26.co $ 15,990
$
$
15.9~0
42,890
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