R2004-004 01-12-04 RESOLUTION NO. R2004-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH P T & T, LTD., FOP,
THE EXCAVATION OF DIRT ASSOCIATED WITH THE WEST MARY'S
CREEK DETENTION FACILITY.
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 P T & T, Ltd., a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby 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 P T & T, Ltd., for
the excavation of dirt associated with the West Mary's Creek Detention Facility.
PASSED, APPROVED and ADOPTED this the ].2th dayof January ,
A.D., 2004.
ATTEST:
SECTARY t/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2004-4
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R2004-4)
This Agreement is entered into this :[2 day of January ,2004, by
and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and P T & T, Ltd.
(hereinafter "Developer").
WHEREAS, the City and Developer are in the process of finalizing the sale of 25.8561
acres of land (hereinafter "Property") located at Cypress Village on Harkey Road, to
the City; and
WHEREAS, the City intends to excavate the current detention area located on the
Property to provide additional detention capacity to the City; and
WHEREAS, pursuant the Development Agreement and Amendment (hereinafter
"Agreement") between City and Developer, Developer has the right to excavate the
Property to a depth sufficient to meet Developer's storm water detention
requirements;
WHEREAS, Developer desires to retain the right and option to remove approximately
eight thousand (80,000) cubic yards of dirt to be excavated from the Property for
additional fill required to develop Cypress Village, Section 2.
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:
In the event Developer requires fill dirt prior to the City's construction of its
detention facility, Developer shall be permitted to remove up to eighty thousand
(80,000) cubic yards of dirt from the Property. Developer shall be responsible
for all costs and expenses with said removal, and the removal of dirt must be
performed in a manner approved by the City.
In the event the City commences removal of the dirt for the detention facility
prior to the Developer's removal of the dirt, Developer shall designate a
disposal area for the City, obtain any permits or approvals required by the City,
and may be required, at the option of the City, to pay for one half of all trucking
or hauling costs from the Property to the disposal area. Developer will be given
thirty (30) days written notice prior to start of dirt removal by the City.
If written acknowledgement confirming acceptance of the dirt by Developer is
not received by the City within the thirty (30) day notice period, DeveloPer will
forfeit all rights to the dirt under this Agreement.
,,
The initial term of this Agreement shall be for a period of three (3) years,
commencing on the'Z2-~Oday of ~j'-~-~-/ , 2004, and terminating on
thel,?..,t, day of -~rg0Cr~ 2007, 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 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 Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
10.
This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
11.
Resolution No. R2004- 4 is incorporated herein and made a part of this
Agreement for all purposes.
12.
To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
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13.
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 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 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.
ATTEST:
yy~B y: ~
P T & T, Ltd.
a Texas municipal corporation
Bill Eisen, City Manager
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this
¢-'~0~¢~'¢, 2004, by ~-'~
~?-'~'~ day of
, on behalf of
Notary Public, State of Texas
My Commission Expires:
Notary Public
St~lte of Texas
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this ./'3 day of
--~4p~z.¢,/ 2004, by Bill Eisen, City Manager of the City of
Pearland,
a
Texas
home rule municipality,~- on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires:
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