R-2013-197 2013-11-25RESOLUTION NO. R2013-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A COST SHARING AGREEMENT WITH THE PEARLAND
ECONOMIC DEVELOPMENT CORPORATION ASSOCIATED WITH THE
MAX ROAD SPORTS COMPLEX.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Cost Sharing Agreement by and between the City of
Pearland and the Pearland Economic Development Corporation, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section2. That the City Council, contingent upon PEDC approval, hereby
appropriates certain PEDC funds, not to exceed $700,000.00, for the financing of the Max
Road Sports Complex (Project No. P20005)
Section 3. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Cost Sharing Agreement with the Pearland Economic
Development Corporation.
PASSED, APPROVED and ADOPTED this the 25th day ofember, A.D., 2013.
ATTEST:
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TOM REID
0MAYOR
YNG LO
CI Y SECR ARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2013-197
Exhibit "A"
COST SHARING AGREEMENT
This Agreement is entered into this 251-h day of November , 2013, by
and between the CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland
Economic Development Corporation (hereinafter "PEDC").
WHEREAS, the PEDC is a Type B economic development corporation, created
pursuant to Chapter 505 of the Texas Local Government Code, as amended; and
WHEREAS, the City and PEDC desire the construction of the Max Road Park Facility
(hereinafter "Improvements"); and
WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter
"Code"), in pertinent part, defines the term "project" to mean "expenditures that are
found by the board of directors to be required or suitable for infrastructure necessary to
promote or develop new or expanded business enterprises, limited to: (1) streets and
roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site
improvements, and related improvements; (2) telecommunications and Internet
improvements ..."; and
WHEREAS, Section 505.152 of the Code authorizes the expenditure of PEDC funds for
projects related to Recreational or Community Facilities which includes public parks;
and
WHEREAS, the PEDC desires to fund a portion of the construction of the
Improvements; and
WHEREAS, PEDC approved funding the Improvements for the City at its November
21, 2013, Board of Directors' meeting, after conducting a public hearing on the project;
and
WHEREAS, this Agreement shall be contingent upon approval of the PEDC's
participation by Brazoria County.
WHEREAS, City and PEDC desire an agreement to set forth their respective
responsibilities with regard to 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. City shall hire a contractor to construct the Improvements shown in Exhibit "A"
attached hereto.
2. Upon the approval of the plans and specifications by the City, City have obtained
competitive line item bids in accordance with Local Government Code Chapter
252 for the construction of the Improvements. City shall review the bids and
award a contract to the lowest responsible bidder within thirty (30) days following
approval of the plans and specifications of the Improvements by the City. City
reserves the right to reject any and all bids for the construction of the
Improvements. Following award of the bid by City, City shall cause construction
of the Improvements to commence on or before December 31,
2013("Commencement Date"), and shall cause the Improvements to be
completed in accordance with the plans and specifications within a reasonable
period of time.
3. The total cost of the Max Road Sports Complex Project is estimated to be
$4,620,000.00 and the City has budgeted $3,920,000.00 ("Budgeted Amount")
for the Improvements, as itemized in Exhibit "B" attached hereto. The PEDC
agrees to fund the cost of the unfunded portions of the Improvements in an
amount not to exceed $700,000.00 ("PEDC Participation"). The PEDC
Participation amount shall be paid in installments or a lump sum amount to the
City. The timing and amount of the payment shall be determined at sole
discretion of the City, but in no event shall the total payments exceed the PEDC
Participation amount.
4. The initial term of this Agreement shall be for a period of eighteen (18) months,
commencing on the ,sthday of Nov. , 2013, and may be renewed as
needed until the Improvements are substantially complete.
5. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
6. 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.
7. Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
8. 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.
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9. This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
10. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
11. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
12. 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:
If to PEDC:
City of Pearland
Attn: Bill Eisen, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Chairman
1200 Pearland Parkway, Suite 200
Pearland, TX 77581
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.
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corporation
C'-
BY�.
Charles D. Gooden,[Jr.,
Chairman
3
CITY OF PEARLAND,
a Texas municipal corporation
By:
Bill Eisen,
City Manager
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EXHIBIT A
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EXHIBIT B
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Exhibit B
Max Road Sports Complex
Project Costs
Engineering 350,000
Construction to Date - Parking Lot and Site Work 1,370,000
Additional Construction (estimate) - Fields, Lighting,
Concession, Restrooms, Sidewalks, etc. 2,900,000
Total Estimated Project Costs 4,620,000
Budgeted Amount
Park Bonds 2007
Park Zone Funds
3,810,000
110,000
Total Budgeted Amount 3,920,000
Budget Shortfall (Project Costs Tess Budget) 700,000
Exhibit B - 1 of 1