R2000-115 10-09-00 RESOLUTION NO. R2000-115
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 BEAZER HOMES TEXAS, L.P., FOR
THE PLACEMENT OF FILL DIRT REMOVED FROM CERTAIN LAND
OWNED BY THE CITY.
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
Beazer Homes Texas, 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. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached contract for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the 9 day of October
A.D., 2000.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
R2000-115
Alan R. Mueller
Interim City Manager
Telephone (281} 652-'1663
Facsimile (281)652-1708
November 8, 2000
Beazer Homes Texas, L.P.
Attention: Dan Olson
10235 West Little York, Suite 240
Houston, Texas 77040
Re: Fill Dirt Agreement
Dear Mr. Olson:
This letter sets forth the agreement of the City of Pearland ("City") to place fill dirt removed by
the City from certain land owned by the City and more particularly described on Exhibit "A" attached
hereto (the "City Tract") on land under contract to be purchased by Beazer Homes Texas, L.P.
("Beazer") and more particularly described on Exhibit "B" attached to this letter (the "Beazer Tract").
Also attached to this letter as Exhibit "C" is Beazer's site plan showing the present intended development
of the Beazer Tract.
City has budgeted $2,050,000 in its Capital Projects budget for the design and construction of
the David L. Smith East Detention Pond and diversion structure, of which approximately $1,900,000 is
remaining and available for construction; approximately 330,000 cubic yards of dirt will be excavated
and removed from the East Detention Pond during construction of the facility; and in excess of 100,000
cubic yards of additional fill dirt is available from the North Detention Pond and South Detention Pond
sites within the David L. Smith property.
Within 30 days of receipt by City of a plan from Beazer depicting the locations, depth, and
compaction specifications for placement of fill dirt on the Beazer Tract (which Beazer shall deliver to
City on or before October 15, 2000), City will finalize its bidding documents and advertise the project
for construction in accordance with State Law. City agrees that the bid documents will provide for two
alternate bids: Alternate I will require the contractor, within 60 days of receipt of notice to proceed
(but not sooner than November 1, 2000), to deliver the excavated material to a site of his/her choice
(other than the Beazer Tract); Alternate 2 will require the contractor, within 60 days of receipt of notice
to proceed (but not sooner than November 1,2000), to deliver the excavated material to the Beazer Tract
and to spread it in accordance with the plan provided by Beazer. Alternate 2 will include a separate bid
item, to be paid by Beazer, for compaction of the fill to specifications provided by Beazer. If the bid
price from the lowest responsible bidder for Alternate 2 (excluding the compaction cost) exceeds the bid
price for Alternate 1 from the lowest responsible bidder, Beazer may agree in writing (within 10 days
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581 · (281) 485-2411 · www.ci.pearland.tx.us
Dan Olson
November 8, 2000
Page 2
after request by City that Beazer make such election) to pay the difference to City within 30 days
following completion of such work, in which event City will award the contract for Alternate 2 to the
lowest responsible bidder for Alternate 2. If the lowest responsible bid for Alternate 2 (excluding the
compaction cost) exceeds $1,900,000, City will have the option to reject all bids and terminate this
Agreement, unless Beazer agrees in writing (within 10 days after request by City that Beazer make such
election) to pay the difference between the lowest responsible bid for Alternate 2 (excluding the
compaction cost) and $1,900,000, such payment to be made within 30 days following completion of such
work, in which event City will award the contract for Alternate 2 to such lowest responsible bidder.
The bid and contract documents will provide that, in addition to the City, Beazer (and any assignee of
Beazer with respect to the Beazer Tract whose identity is given to City prior to final award of the
contract) shall be named as additional insureds on the contractor's liability policy with respect to such
City agrees that Beazer may excavate additional fill dirt from within the North and South
Detention Ponds at its own cost. Such excavation shall be in accordance with a clearing, excavation,
and grading plan approved by City. Upon completion of any excavation by Beazer, Beazer shall grade
the excavated areas in accordance with the approved plan and remove any unused spoil piles, trees,
brush, debris, and equipment.
To the best knowledge of the City, the fill dirt placed on the Beazer Tract pursuant to this
Agreement will be free from any environmental contaminants which are in levels or concentrations
requiring reporting and/or remediation under applicable law. City agrees to provide Beazer with a copy
of City's most recent environmental studies and reports regarding that portion of the City Tract from
where the fill dirt will be removed. City also hereby grants Beazer a temporary license to enter the
City Tract for the limited purpose of conducting environmental and soils testing on the City Tract.
City acknowledges that the proposed development of the Beazer Tract will benefit City and that
Beazer's efforts in that regard constitute adequate consideration for this agreement.
If this letter accurately describes your understanding of the agreement between City and Beazer
regarding the fill dirt, please execute this letter where indicated below and return one executed original
to the undersigned. This letter agreement may be executed in counterparts, each of which shall
constitute an original.
Very truly, yours,
Alan'R. Mueller
Interim City Manager
Dan Olson
November 8, 2000
Page 3
BEAZER HOMES TEXAS, L.P.
By: Beazer Homes Texas Holdings, Inc.,
its General Partner
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