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R2011-116 - 2011-09-26RESOLUTION NO. R2011-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH THE KEEP PEARLAND BEAUTIFUL. 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 Keep Pearland Beautiful, 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 Keep Pearland Beautiful. PASSED, APPROVED and ADOPTED this the 261" day of September, A.D., 2011. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY CONTRACT BETWEEN THE CITY OF PEARLAND AND KEEP PEARLAND BEAUTIFUL This Contract is dated and effective as of the day last signed by the parties hereto, CITY OF PEARLAND, TEXAS, acting by and through its Parks & Recreation Director, ("City") and KEEP PEARLAND BEAUTIFUL, acting by an through its Executive Director, ("KPB"). RECITALS WHEREAS, the City and KPB, both recognize the need to develop parks and recreation facilities that are designed to meet the needs of a growing community; and WHEREAS, the City is committed to providing and maintaining park land and recreational facilities that meet the present and future recreational needs of the community; and WHEREAS, the City is committed to preserving natural resources, conserving energy and protecting and enhancing the environment; and WHEREAS, KPB is committed to enabling Pearland citizens, through education and various participatory opportunities, to take responsibility for enhancing their community environment; and WHEREAS, the City has plans to design and construct the Delores Fenwick Nature Center, Phase 1, on the City's JHEC property, and include the design and construction of Phase 2 which will include trails and amenities around the two large detention ponds. Phase 1 and Phase 2 shall be collectively referred to as the Project for purposes of this Agreement; and WHEREAS, the City and KPB desire to jointly cooperate by combining their resources to facilitate the design and construction of the Project. NOW THEREFORE, City and KPB, agree as follows: 1) City shall cooperate with KPB to receive input regarding the design for both Phases 1 and 2 of the Project, in keeping with KPB's vision for the Nature Center. As KPB is a stakeholder they will have a representative involved during the planning and design meetings. The vision is to designate and develop sections of the property as examples of different Gulf Coast habitats creating an area that is nature and wildlife friendly and providing facilities for the KPB staff and programs. 2) City shall, subject to required approval, contract with Randall -Porterfield Architects to complete schematic designs, preliminary drawings and construction documents for Phase 2 of the Project within 14 business days of the execution of this contract. 3) KPB agrees to reimburse the City, the amount of forty three thousand seven hundred and eighty six dollars ($43,786.00), for the design of Phase 2 of the project. The reimbursement payment shall be in the form of a check made payable to the City within 30 days of receipt of an invoice from the City. 4) In consideration for KPB's financial contribution contemplated herein, City shall provide on-site acknowledgement and recognition of KPB in a manner mutually agreed upon by both parties. 5) The City shall authorize KPB to begin planting trees and native plants on the site at the completion of and in accordance with the design of Phase 2 upon approval by the City. 6) The term of this Agreement shall commence immediately upon execution by both parties and terminating on the day of , 2011, provided, however, that this Agreement shall be automatically renewed in one (1) month increments until all of the obligations of the Parties hereunder have been fully discharged or specifically waived in writing by the beneficiary thereof. 7) This Agreement constitutes the entire understanding and agreement of the parties as to thq matters set forth herein. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by all of the parties hereto, 8) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazoria County, Texas. The parties agree and acknowledge that venue for any action arising under this Agreement shall lie in the state district courts of Brazoria County, Texas only. 9) This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. City warrants and represents that the individual executing this Agreement on behalf of COP has full authority to execute this Agreement. KPB warrants and represents that the individual executing this Agreement on behalf of KPB has full authority to execute this Agreement. 10) In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, Agreement shall, to the 2 extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. CITY OF PEARLAND, TEXAS KEEP PEARLAND BEAUTIFU By: Michell By;, A. Smith, Director Linda Cowles Parks & ' ecreation Date: September 26, 2011 Bv: 1 _ isen City Manager Date: September 26, 2011 ATTEST: Date: s KPB Executive Director ATTEST: APE,ROVED AS TO FORM: Darrin Coker City Attorney 3 APPROVED AS TO FORM: