R2001-0092 07-23-01 RESOLUTION NO. R2001-92
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 GREEN-HOLLOW,
LTD., FOR THE OVERSIZING OF A WATER MAIN EXTENDING ALONG
SCARSDALE BOULEVARD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. That certain development agreement by and between the City of
Pearland and Green-Hollow, Ltd., a copy of which is attached hereto as Exhibit "A" and
made a part hereof for ail purposes, for the oversizing of a water main extending along
Scarsdale Boulevard, 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 attached agreement and counterparts thereof.
PASSED,APPROVEDandADOPTEDthisthe 23 dayof July ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
- ONG I~-
~Y S~RETARY~
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION R Or-tlZ)
This Agreement is entered into this o~ (, d~y.,,of ~t~ ct3 ~L , 2001, by and between the CITY OF
PEARLAND, TEXAS, (hereinafter City ), and~GREEN-HOLLOW, LTD., a Texas limited
partnership (hereinafter "Developer").
WHEREAS, the City has consented to creation of In-City Municipal Utility District # 18 (hereinafter
"MUD") a portion of which is encompasses the Bella Vita, Villa Verde, and Villa D'Este residential
developments adjacent to Scarsdale Boulevard; and
WHEREAS, 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; and
WHEREAS, City desires to cooperate with Developer to provide water service 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.
__!IN_SS_S_EI_H:
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:
1. 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 points of the utilities. The
water main will extend along Scarsdale Boulevard beginning at Bella Vita Drive and
extending across Clear Creek to the intersection of Yost Road and Sleepy Hollow Drive.
2. To enhance service to additional tracts, the City has requested that Developer construct a 12-
inch water main.
3. The estimated cost for the water main extension to serve Developer's requirements is
$148,886. The estimated cost for the water main extension as requested by the City is
$187,577. Therefore, the estimated oversizing cost is $38,691 and the engineering allocation
for the oversizing is $5,800. The total estimated oversizing cost to be reimbursed bY City t°
Developer is $44,491 as described in Exhibit A. 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.
4. 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.
5. The bid specifications shall require each bidder to reflect the difference in the cost of
constructing the water main extensions 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.
6. Upon approval of the plans and specifications by the City, Developer's engineers will obtain
competitive line item bids in accordance with Local Government Code Chapter 252 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 ail bids for the
construction of the water main extension.
7. 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.
8. 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.
9. The initial term of this Agreement shall be for a period of three (3) years, commencing on the
9[ dayof /},lx~ h , 2001, and terminating on the ~ dayof fll, i~s]' ,2004,
at which time, th~s 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.
10. This agreement may only be amended, modified, or supplemented by written agreement and
signed by both parties.
11. 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.
12. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining
to such construction.
13. 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
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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.
14. This agreement shall be construed and enforced in accordance with and governed by the laws
of the State of Texas.
15. This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
16. Resolution No. ROt- ~, is incorporated herein and made a part of this Development
Agreement for all purposes.
17. To accomplish execution of this agreement, it may be executed in multiple counterparts.
18. 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, ADMINISTRA-
TORS, 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.
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In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
Green-Hollow, LTD
A Texas limited partnership
By: Remae, Inc.
Its General Partner
BY: R~ne~
President, Remae, Inc.
ATTEST: CITY OF PEARLAND
A Texas municipal corporation
B '
c...-W -
Y°~L°rfi~, Cl~i'~/S~re~;r Bill Eisen, City Manager
STATE OF TEXAS
BRAZORIA COUNTY
This instrument was acknowledged before me on this c~ I day of
2001, by ~ff~~2-&, ~ on behalf of said partnership.
Notary Public, State of Texas
My Commission Expires: ~//~
l
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STATE OF TEXAS '
BRAZORIA COUNTY '
This instrument was acknowledged before me on this ~?e day of :~/a.-/~ ,2001, by Bill
Eisen, City Manager of the City of Pearland, a Texas home rule mum~'pahty, on behalf of said
municipality.
Notary Public, State of Texas
My Commission Expires:
PROPOSED 12" WATER LINE EXTENSION
C.E.L JOB NO. 9801%02.0
ITEM DISCRETION UNIT QU~TY ~IT P~CE
1. P.V.C. W~e, A~A ~0
D~ l~ (~ d~), ~mple~
1. 12' L.;. 2~ $ 28 ~ $ ~,~
~ ~r 12~ ~ ~o. Pfi~ ~o~
is~r ~bore&jack o~afion L.F. 70 $~6.0~ _
3. ~ve ~g IR" R.C.P. culve~
& ~ ~ ~. L.F. 40 $ 42.~ $
~g 6" ~1~ ~ ~e south
~ ~on ofYo~ & S~py
~w. ~mpl~e ~ p~e E~ I ~.536,~
6. 12" St~ S~on wnt~ line (~ $ 17.1~7.~
C~ ~) ~mplete ~th:
I. 12" ~ pip~ L.F. 450 $ 7200 $
3. 12" ln~on Kit E~ 2 $~2.~ $ 1~.~
~ 12" ~O ~ges E~ 2 $ 48.~
~ 12"x45a b~s EA. 4 $ 2S0.~
b~w~v~ve ~ ~
pm~ 12" ~ter ~e to e~stJng
12" w~ter fine, ~mpl~ EA. I $ ~8.~
BELUGA SE~IO~ ~O
PRO~D ~2- wx~n ~E
c,~a. JoB ~o. 9so~7-~.o
P-2
rT~[ D~CI~IPTION UNJT QUANTITY UNIT
to ~ 12" ~t~ pipe wate~,
Pfi~ do~ n~ ~lude s~l pipe. L.F. 3~ $_70 ~
~ 12' X 12" T~, AB. EA. 2 $
2. 12'x 8~T~,~B. ~ I $ 318.~
[ 12" x 6" Te~, A.B. EA. 7 $
10. 12' A~A ~ V~ve & Box EA. ~ $ _1.103.00
1L 6' Plug md Clamp E~ ~ $ _143.~
13. ~t~ Tisch prot~ion p~
14. ~us fi~g8 L.S. 1 S 5.~0.~
16. PoiSon ~en~n Plan L.S. I $ 3.200.~
Total Proposed 12" Water Line Extension
BELLAVITA SECTION TWO
PROPOSED 8" WATER LINE E~TENSION
C.E.I. ,lOB NO. 9801%02.0
1TEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
1. P.V.C. WaterlOo, AWWA
DR 18 (all depthS, complete
5. 8" L.F. 2,800 $_18.00
2. Bor~ & Jack unda' existing drive
way ~ $' water ~ne. Price
~onlyforthebom&jankoperatien L.F. 70 $ 35.00
~. R~move ~ 1~" R.C.P. culvert
& replace with s~'ne. L.F. 40 $ _42.00 ,
4. Cmu~x peoposed 8" W.L to
e:R~th~ E." waterlin~ at tM ~outh
west gm--ion of ¥o~t & Sleepy
Hotiow. Complete in place EA. 1 $ 3_536.00
5. 2" m.~to~atic air release valves
with box. EA. 3 $ 5.719.00 $_ 17.1S7.00
6. S' Steel Section water lin~ (under
Clear C~'~) complete wilh:
L 8' steel pipe L,F. 450 ~_59.o0
~ g' ~ Connection EA. 2 $_g0.00
]. 8' lmulntion Kit EA. 2 $_50.000
4. 8' S/O flangez EA. 2 $_30.00 ~ 60.00
~., 8'x 45^ bends F_.A. 4 $ 98.00 ]L~
7. Remove Exi,e. in8 12' plug and 2"
blow-off'valve and connect
p~o/~ad 8" water li~ to existing
12" w~ter line, complete EA_ I $ _820.00 S g20.00
BELLAV1TA SECTION TWO
PROPOSED 8" WATER LINE ]gXTF-.NT$ION
C~.I. ~0~ NO.
DESC~ION ~ QU~TY ~ p~
8. Auger ope~atlon under Clem- Creek
to install $" steel pipe waterline.
l~ice does not include steel pipe. L.F. 300 $ 68.00
9. Cast Iron
.L 8"x 8" Tee, A.I~. EA. I $~200.00 $ 200.00
2. 8" x 6" Tee, A.B. EA. 8 $ 161,00
~ 12"x $"R~ucer EA. I $. 228.00
4. ~ x 6" Reducer EA. 2 $ 100.00 $_2~.00
10. 8" AWWA Crate Valve & Box E.& 3 $ 531,00 $1.:S93.~__._
I l. 6" Plug and Clamp F~&.. 8 $ 143.00 $
12. Cleating & Orubblng AC. I $ 4=664r00 $
13. Mandatory Trench prole~Jon per
OSHA regular, ions. L.F. 3,000 $_1.00 ,
lag. Miaeel]aneous tiltings L.S. I $$,000.00
15. R~pla~ any dam-ged Landscape /
shmba / magboxes on Yo~ Roed. L.S. 1 $ 4.664.00
16. Pollution I~venlion Plan L.$. I $ _3.200.00 $
Total Proposed 8" Water L/ne Extension $ 148.886.09