R-2014-158 2014-12-08RESOLUTION NO. R2014-158
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into an Amended
Interlocal Agreement with Brazoria County Municipal Utility District No.
26 ("District") extending the term for the District's use of a portion of
the Shadow Creek Ranch Sports Complex property for temporary multi-
use athletic fields.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amended Interlocal Agreement by and between the City
of Pearland and Brazoria County Municipal Utility District No. 26, 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 an amended Interlocal Agreement with Brazoria County
Municipal Utility District No. 26.
PASSED, APPROVED and ADOPTED this the 8th day of December, A.D., 2014.
ATTEST:
G LOI 'I , TR
SEC'- ARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
r?s,i
TOM REID
MAYOR
Resolution No. R2014-158
Exhibit "A"
AMENDMENT TO INTERLOCAL AC=1(CCiviniv 1
BETWEEN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26
AND THE CITY OF PEARLAND
REGARDING USE OF THE SHADOW
CREEK RANCH SPORTS COMPLEX
This Amendment to Interlocal Agreement ("Amendment") is made and entered
into as of 15 day of December , 2014 by and between BRAZORIA
COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 (the "District") and the CITY OF
PEARLAND, Texas, a Texas Municipality (the "City").
RECITALS
WHEREAS, the District and City previously entered into an Interlocal
Agreement Regarding Use of the Shadow Creek Ranch Sports Complex (the
"Agreement") regarding the use of a portion of the property, which is a part of the
property to be developed as part of the Shadow Creek Ranch Sports Complex, for the
construction of temporary recreational improvements; and
WHEREAS, the District and City desire to amend and extend the original term of
the Agreement to allow the residents of the Shadow Creek Ranch area additional time
to use the temporary recreational improvements planned for construction by the
District.
NOW, THEREFORE, in consideration of the promises and for the other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Section 3 of the Agreement is amended as follows:
The Term of the Agreement shall be extended and shall terminate on December
31, 2018, unless terminated earlier pursuant to other provisions of the
Agreement, or extended by mutual agreement of the governing bodies of the
City and the District. Notwithstanding anything to the contrary in this
Amendment or the Agreement, either party may terminate the Agreement
earlier, without penalty, upon 120 days written notice to the other Party. Early
termination for default shall be governed by the terms of Section 4 of the
Agreement.
2. Except as specifically amended in this Amendment, the Agreement shall remain
in full force and effect in accordance with its original terms and conditions.
[EXECUTION PAGES FOLLOW]
518590
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
day and year first above written.
Bra MUD No.26
JAN 0 6 2015
Date Signed
Decemberl5, 2014
r and Date Signed
Clay Pearson, City Manager
DeputyCCity Secretary
Maria E. Rodriguez
518590
-2-
December 15, 2014
Date Signed