Loading...
R-2014-018 2014-03-10 RESOLUTION NO. R2014-18 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 HUGHES RANCH ROAD PROJECT. 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 March, A.D., 2014. TOM REID MAYOR ATTEST: ..0„ R Y• .NG L F G, 1-7 C =t ,..� .b C t SECTARY ' APPROVED AS TO FORM: 61------- DARRIN M. COKER CITY ATTORNEY Resolution No. R2014-18 Exhibit "A" DEVELOPMENT AGREEMENT (EXHIBIT A TO RESOLUTION R-2014-018) This Agreement is entered into this 1 0th day of March , 2014, by and between the CITY OF PEARLAND, TEXAS, (hereinafter"City"), and MHI PARTNERSHIP, LTD. (hereinafter "Developer"). WHEREAS, City desires the construction of the remaining 2 lanes of the 4 lane Hughes Ranch Road Project (hereinafter "Road Improvements") as more accurately shown on Exhibit "A" attached hereto; and WHEREAS, the Road Improvements are part of the Strategic Partnership Agreement ("SPA") attached hereto as Exhibit "B" authorizing the Developer to construct such Road Improvements, and requiring City to reimburse Developer for one-half (1/2) the costs of construction of the Road Improvements. The City and Developer shall share in the design and construction costs equally as outlined in the SPA; and WHEREAS, City and Developer desire an agreement to set forth their respective responsibilities with regard to providing 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 . Developer's Responsibilities: A. Developer shall be responsible for designing and constructing the Road Improvements. B. Design of the Road Improvements shall be complete within ninety (90) days of the effective date of this Agreement. Upon the approval of the plans and specifications by City, Developer shall obtain competitive bids for the construction of the Road Improvements. Developer and the City shall review the bids and Developer shall award a construction contract to the successful bidder within thirty (30) days following approval of the plans and specifications of the Improvements by City. City reserves the right to reject any and all bids for the construction of the Road Improvements. Following award of the bid by Developer, Developer shall cause construction of the Road Improvements to commence within sixty (60) days, and Developer shall cause the Road Improvements to be completed in accordance with the plans and specifications within a reasonable period of time. 2. City's Responsibilities: City, within thirty (30) days following receipt of copies of the invoices or expenses paid, by Developer, for the Roadway Improvements shall deposit funds with Developer that are equal to one-half of the amount of the invoice, but not to exceed $165,000. 3. The initial term of this Agreement shall be for a period of eighteen (18) months, commencing on the 10 day of Ma rrh , 2014, and terminating on the 10 day of September, 2015, 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 2 Attn: Interim City Manager Jon Branson 3519 Liberty Drive Pearland, TX 77581 If to Developer: MALT- PAaTnieesHII C-TO. 113-9/7-9728 Ail: Perrg f l5 c 2 767(0 Woopwy y, so,7E./°' /491672W/ 7-5e 77oCO3 Notice delivered in accordance with the terms hereof shall be effective upon receipt. In witness whereof, the parties have hereunto set their and aria . . res on date first above mentioned. By Name: C/q/zy /2. 7E3w Its: P/l s/OE2.✓7 CITY OF PEARLAND, a Texas municipal corporation By: Clay,:arso * / City Manager ATTEST: • 'F Qa,''', is/��.��i !► -1i. - -e a's Y� ,ngLog / _" i _ Se Vary / co.?