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R2001-0119 09-10-01
RESOLUTION NO. R2001-il9 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 BEAZER HOMES TEXAS, L.P., FOR OVERSIZING OF A WATER MAIN ALONG PEARLAND PARKWAY AND McHARD ROAD AND A SEWER MAIN ALONG PEARLAND PARKWAY. 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 a contract with Beazer Homes Texas, L.P, for oversizing of a water main along Pearland Parkway and McHard Road and a sewer main along Pearland Parkway. PASSED, APPROVEDandADOPTEDthisthe 10 dayof September , A.D., 2001. ~ ..~.~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION R2001- ) This Agreement is entered into this /'~ day of ~'~,~,¢¢¢~-~_ , 2001, by and between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and BEAZER HOMES TEXAS, L.P., a Texas limited partnership (hereinafter "Developer"). WHEREAS, Developer petitioned City for the creation of an In-City Municipal Utility District (hereinafter "MUD") and City consented to the creation of Brazoria County MUD #23 on October 9, 2000, encompassing 542.8 acres, generally located between Old Alvin Road and Clear Creek; and WHEREAS, Developer plans to construct a water main, sanitary sewer main, and appurtenances necessary for the City to provide water and sanitary sewer service to the MUD and to dedicate said water main, sanitary sewer main, and appurtenances to the City for operation and maintenance; and WHEREAS, City desires to cooperate with Developer to provide water and sanitary sewer service to the MUD, and at the same time, increase and improve CityFIs 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. WlTNESSETH: 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. A 12-inch, 15-inch, and 18-inch sanitary sewer gravity main and a 12-inch water main are needed to serve Developer's requirements for the MUD and are required to be extended to the MUD from the existing termination points of the utilities. The sanitary sewer main will extend approximately from the intersection of McHard Road and Pearland Parkway along Pearland Parkway to the Barry Rose Waste Water Treatment Plant. The water main will extend from the intersection of Old Alvin Road and McHard Road along McHard Road and Pearland Parkway to the south line of the MUD. 2. To serve additional tracts, the City has requested that Developer construct 27- inch, 30-inch, and 36-inch sanitary sewer gravity mains and a 16-inch water main. 3. The estimated costs for the water and sanitary sewer main extensions to serve Developer's requirements are $622,500. The estimated costs for the water and sanitary sewer main extensions as requested by the City are $1,130,190. Therefore, the total estimated oversizing cost to be reimbursed by City to Developer is $507,690 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 and sanitary sewer mains desired by the City. 5. The bid specifications shall require each bidder to reflect the difference in the cost of constructing the water and sanitary sewer main extensions as reflected in the plans and specifications and the cost which would have been incurred had the water and sanitary sewer main extensions 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 and sanitary sewer main extensions 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 all bids for the construction of the water and sanitary sewer main extensions. 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 10thdayof September, 2001, and terminating on the lOth day of September, 2004, 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. 10. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 2 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 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. R2001-//~ 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, 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, 3 DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEY'S FEES, CLAIMED OR RECOVERED BYANYONE 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, ITS 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. BEAZER HOMES TEXAS, L.P., a Texas limited partnership Title :~. ~/~ '/-~.~1~__,-~ ATTEST: CITY OF PEARLAND, a Texas municipal corporation ,_,,-,,-~j ~¢t;,-~z~ ~¢~¼ Bill Eisen City Secretary City Manager 4 STATE OF TEXAS § COUNTY Of '~orr~ § BEFORE ME, the undersigned Notary Public, on this day personally appeared '~,'/I ~,,"~.,.-,~ ~. known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /$ DAY OF j~ PERLA N. LEHMAN ,~ STATE OF TEXAS ~'.~[,~.~ NotaP/Public, State of Texas ~, ~,%~/P~.¢,/ My Commission Expires: My Commission Expires: STATE OF TEXAS § COUNTY 0~ Ik..~'l <~ § BEFORE'ME, the undersigned Notary Public, on this day personally appeared "'.'~ (,7~ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS \~O DAY OF ~=z:~~, A.D., 2001. ~, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ": ' Printed Name.'~' Ir-~ f~ ~ [~, :;' , .~:~'~ · MyCommission Expires:~)-'")' (~L.J 5 0 Z J w a LL 0 } H U w CC 0 0) F- Z CO 2 0 Curl Z 0 0 w a CO cn 0 U w J m m 0 a V Z N co w 0 W Z J Z 0 w (0 w Z O cn Z wo =U J U 00)) Z • J ZC9 � p • Z w J c.i ZO. a 2 Z aa> jn. re z w 0 aw°aN w um z ita cr co Fs-w E Z WUi W a0na co F- J CO UPGRADE COST (ALTERNATE 1) BEAZER COST (ALTERNATE 2) O U z MISCELLANEOUS ITEMS 0 H co 0 U 0 z MISCELLANEOUS ITEMS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O U) O. O. t() r CD 113 69 N V> e9 0 0 0 0 0 0 0 0 0 0 e0W c 4 i) 0 0 0 0 0 0 0 0 0 0 0 O 0 00 Ui O O N O If) U) O Ni e J J o J U U a 0 re re Z O O 0 z z U1 a to N CC :LI Ow CO U Z (0W w U W O W e2 • Z W m W w U O. LL ▪ a < W • W x z O W CZ N f7 P m 0 0 0 0 0 0 0 0 0 0 O 0000 0 0 0 0 0 m w O O in VI • • (OW 69 69 69 0 0 0 0 0 0 0 0 0 0 0 U. J 0 U < 0 a INE GRADING 0 O co M TOTAL MISCELLANEOUS ITEMS 0 N CO w TOTAL MISCELLANEOUS ITEMS O U z 100% Pearland Cost m 0 0 0 0 0 m 0 0 0 0 0 0 r 0 0 vi m m ^ r N 9 6 NM NN W N Oco ) r 00 00 0 0 N. 69 ;69 N"'N N w • 4) to ✓ N N r J J J W W J w N co P m CO 1` m 0 0 O 1A BASED ON FLOW PRORATION 0 0 0 00a in o O ui Tr- W H 0 O 0 J 6 0 00 M INNEN co 100 rn O N H 0 If; 0 N 0 N CO J Pearland's Total for Tie -In to Barry Rose Plant 0 co' 0 0 69 O r co Beazer's Total for Tie -In to Plant SUMMARY CO )000 CO e> ID00 m • to o o(6 W O N O • N m N O- W W 69 W co 3-Fm 0 O 00WZZ p• w�,gg CO 0 a K N (nzoa O K o w t• o ll r • U K >ug00 J J J J J a a ¢ a a 0 00 - 000 $941,824.92 5423,074.57 CITY OF PEARLAND COST $518,750.35 - BEAZER COST J 0 w U i U 0 z to 0 W 0 w O w 0 J U m UzZ W w • W Z FZ O Z W o uf.'- $1,130,189.90 - CITY OF PEARLAND COST - BEAZER COST TOTAL WITH CONTENGENCIES 8 ENGINEERING w: Uand\140612060\costshare9.4.01.xls • ra imd ed a 5 Q v;5x r: y 6 Aga C zwz z § O41 cg cq Noziro 2 d eg cm 0 N� Wd ooZ©O zzPPz G F 2) PATE & PATE, TLC In N tid a; W 3) COLT UTILITIES, INC S818,039.5U • M en R ren ler 7 DO 00 ee 3 i,354,856.45 C7.1T Tn n( Emu C7nrCCcCTJa•YP Hr