R-2013-074-2013-06-10 RESOLUTION NO. R2013-74
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 ASSOCIATED WITH THE
COVINGTON ESTATES DEVELOPMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Development Agreement, 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 Development Agreement.
PASSED, APPROVED and ADOPTED this the 10th day of June, A.D., 2013.
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TOM REID
MAYOR
ATTEST:
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Y SEeraETAR
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
DEVELOPMENT AGREEMENT
(EXHIBIT A TO RESOLUTION R-2013-11 )
This Agreement is entered into this 1 D13` day of , 2013, by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and COVINGTON
ESTATES, LLC. (hereinafter "Developer").
WHEREAS, Developer intends to develop the Covington Estates subdivision
("Development") in the vicinity of Hillhouse Road and Hawk Road; and
WHEREAS, the Development will require Developer to relocate the existing sanitary sewer
line by constructing a new sanitary sewer line (hereinafter "Improvements") as more
accurately shown on Exhibit "A" attached hereto; and
WHEREAS, the Developer has petitioned the City abandon the existing utility easement, to
allow construction of the Improvements; and
WHEREAS, the City and Developer desire an agreement to set forth their respective
responsibilities with regard to the City's abandonment of the existing utility easement and
the Developer's construction of the Improvements.
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. On or before December 31, 2013, Developer shall construct the Improvements in
accordance with the specifications shown on Exhibit"A."The construction plans for
the Improvements shall be approved by the City prior to construction.
2. In consideration for Developer's willingness to construct the Improvements, the City
agrees to abandon the existing utility easement on Developer's property and allow
construction of the Improvements.
3. The initial term of this Agreement shall commence on the day of
2013, and terminate on the thirty-first (31St)day of December, 2013, 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.
4. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
5. 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.
6. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
7. 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.
8. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
9. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
10. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
11. All notices which are required or may be given pursuant to this Agreement shall be
in writing and shall be sufficient if delivered personally or by first class mail, postage
prepaid, return receipt requested, or by a nationally recognized courier, to the
parties and their attorneys at the addresses set out below or such other addresses
as the parties or their attorneys may hereafter notify one another:
If to City: City of Pearland
Attn: Bill Eisen
3519 Liberty Drive
Pearland, TX 77581
If to Developer: COVINGTON ESTATES, LLC.
Attn: Chad Thumann
7918 Broadway
Suite 106
Pearland, Texas 77581
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Notice delivered in accordance with the terms hereof shall be effective upon receipt.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
CQVINGTON ESTATES, LLC.
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By. .
Name: 0 \k.A
Its:
CITY OF PEARLAND,
a Texas municipal corporation
By: A, / —
Bill Eisen,
City Manager
ATTEST:
"East
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