R-2012-180-2012-12-10 RESOLUTION NO. R2012-180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN AMENDMENT OF A DEVELOPMENT AGREEMENT
WITH SOWELL INTERESTS-PARKSIDE, L.P.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amendment to Development Agreement by and between
the City of Pearland and Sowell Interests-Parkside, 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 said Amendment to Development Agreement with Sowell
Interests-Parkside, L. P.
PASSED, APPROVED and ADOPTED this the 10th day of December, A.D., 2012.
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TOM REID
MAYOR
ATTEST:
YO G LIP'F G T'd C `� �,'r �_
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CI SEC'ETARY
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2012-180
Exhibit " A"
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R2012 1 80)
This First Amendment to Development Agreement(this"First Amendment")is entered into
this 1 p day of December , 2012, by and between the CITY OF PEARLAND, TEXAS,
(hereinafter"City"),and SOWELL INTERESTS-PARKSIDE,L.P.,a Texas limited partnership
(hereinafter "Developer").
WHEREAS, the City and Developer entered into that certain Development Agreement dated
on or about April 28,2008,and attached to Resolution R2008-60 as Exhibit"A"(the Development
Agreement"); and
WHEREAS, Developer previously developed the first phase of single-family residential lots
within Canterbury Park,Section 1,as reflected on the plat recorded under Film Code No.04-005300
at Volume 24, Pages 112-116, in the Map Records of Brazoria County, Texas (the "Canterbury
Park Plat");
WHEREAS, by said Plat,Developer dedicated Restricted Reserve"C"to the City for park
purposes, and has developed said Restricted Reserve "C" as a park (the "Existing Park");
furthermore,the Canterbury Park Homeowner Association,Inc.(the"Association"), has maintained
the Existing Park by mowing, maintaining an irrigation system, and providing various play
equipment from time to time;
WHEREAS, Developer plans to develop future residential sections of Canterbury Park
within Restricted Reserve"B"(Residential)of Canterbury Park,as described on the Canterbury Park
Plat, and to set aside the Park Property (defined in the Development Agreement and referred to
herein as the"Future Park Property") for park purposes; and
WHEREAS, questions have arisen as to maintenance and characterization of both the
Existing Park and the Future Park Property, and City, Developer, and the Association desire an
agreement to set forth their respective responsibilities with regard to the Existing Park and the Future
Park Property and Improvements (as defined in the Development Agreement).
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:
1. The Development Agreement is hereby amended to provide that the condition
precedent to the City's approval of the replat for Section A of the Development and in lieu of the
park dedication fee for said section A, shall be satisfied by replat designating the Future Park
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Property as a restricted reserve for park purposes. So long as the Future Park Property is restricted
for park purposes, City agrees that the dedication of said property is not required, and title to said
property may be held by the Developer, its successors or assigns, or the Association.
1. By its signature heron,the Association agrees that the Existing Park and,upon acquisition
of title thereto, the Future Park Property, is "Common Area" under its governing documents, and
shall be maintained as such,along with the Improvements thereon,by the Association in accordance
with its governing documents. The Association shall fulfill its maintenance obligations by mowing
as needed and maintaining the Improvements described in the Development Agreement (trees,
shrubbery, grass, Screening Wall, Walk Path, and irrigation system using either water provided by
the City or pumped from the pond situated on the Detention Reserve). IN ADDITION, THE
ASSOCIATION RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS HARMLESS THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS, FROM
ANY AND ALL KINDS OF CLAIMS, DEMANDS, LOSSES, DAMAGES, INJURIES,
RIGHTS, CAUSES OF ACTION, OR JUDGMENTS OF WHATSOEVER CHARACTER OR
NATURE, INCLUDING ATTORNEYS' FEES, WHICH MAY ARISE AS A RESULT OF THIS
THE MAINTENANCE OBLIGATIONS DESCRIBED HEREIN. THE PROVISIONS OF THIS
SECTION REFLECT THE EXPRESSED INTENTIONS OF THE COMPANY AND THE
CITY AND SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION
OF THIS AGREEMENT.
2. City hereby grants to the Association a license to enter upon the Existing Park to carry
out its maintenance obligations hereunder and agrees to continue to provide water for irrigation of
the Existing Park at no cost to the Association.
3. The term of the Development Agreement, as amended hereby, shall be extended for
an additional five (5) years, terminating on the 28th day of April, 2018, at which time, this
agreement,upon written approval of each Party,which approval shall not be unreasonably withheld
or delayed, may be renewed in one (1) year increments.
4. Notwithstanding the provisions of Paragraph 10 of the Development Agreement,
Developer may assign its rights and obligations under the Development Agreement, as amended
hereby,to a successor developer who(a)acquires substantially all of Developer's remaining land in
Restricted Reserve"B"(Residential)of Canterbury Park,and(b)accepts said assignment and agrees
to be bound by the terms of the Development Agreement,as amended hereby. In that event, Sowell
Interests-Parkside, L.P., shall be released from any obligations hereunder.
5. This First Amendment may only be amended,modified,or supplemented by written
agreement and signed by both parties and,if the Association's rights and obligations are affected,by
the Association.
6. Whenever possible, each provision of this First Amendment shall be interpreted in
such manner as to be effective and valid under applicable law, but if any provision of this First
Amendment is prohibited or invalid under applicable law, such provision shall be ineffective to the
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extent of such provision or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this First Amendment.
7. This First Amendment shall be construed and enforced in accordance with and
governed by the laws of the State of Texas, and any actions concerning this First Amendment shall
be brought in the Texas State District Courts of Brazoria County.
8. Resolution No.R2012-_is incorporated herein and made a part of this Development
Agreement for all purposes.
9. To accomplish execution of this Amendment, it may be executed in multiple
counterparts.
IN WITNESS WHEREOF,the parties have hereunto set their hands and signatures on the
date first above-mentioned.
Developer: Sowell Interests-Parkside, L.P., a Texas limited partnership
By: Sowell Parkside,Inc.,a Texas corporation,its General
Partner
1 '
By:
1<( ' ''F :, es Cornelius, Vice President
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City: F CITY OF PEARLAND, a Texas municipal corporation
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ATTEST:
By: By: Lit /'
You Lorfi , ity cre Bil Eisen, City Manager
Association: Canterbury Park Homeowner Association, Inc.,joins this agreement for the limited
purposes set forth in Paragraphs 2, 3, and 5 hereof:
CANTERBURY PARK HOMEOWNER ASSOCIATION,
INC., a Texas non-profit corporation
By:
James. ornelius, Vice President
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STATE OF TEXAS §
DALLAS COUNTY §
This instrument was acknowledged before me on this (( day of December, 2012, by
James S. Cornelius,Vice President of Sowell Parkside,Inc.,a Texas corporation,on behalf of said
corporation i its capacity as General Partner of Sowell Interests-Parkside, L.P., a Texas limited
partnership, ehalf of said partnership.
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Notary u ic, a of Texas v::��`�� ee%'• ';
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STATE OF TEXAS §
BRAZORIA COUNTY §
This instrument was acknowledged before me on this 10 day of December
2012,by Bill Eisen,City Manager of the City of Pearland,a Texas home rule municipality,on behalf
of said municipality.
MARIA ESCALAME RODPoGUQ
Notary Public, State of Texas Q NOTARY PUBLIC
�. STATE OF TEXAS
My Commission Expires: d�/D /L iS My Comrtyssion Eames O2d2-2013
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Maria Escalante Rodriguez
STATE OF TEXAS §
DALLAS COUNTY § /
This instrument was acknowledged before me on this i( ay of December, 2012, by
James S. Cornelius, Vice President of Canterbury Park Homeowner Association, Inc., a Texas
nonprofit corpo`)ion, on behalf of said corporation.
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