R2002-0035 02-25-02RESOLUTION NO. R2002-35
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
WAL-MART STORES, INC., FOR THE CONSTRUCTION OF TRAFFIC
IMPROVEMENTS AT THE INTERSECTION OF DIXIE FARM ROAD
AND F.M. 518.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain development agreement by and between the City of Pearland
and Wal-Mart Stores, Inc., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, for the construction traffic improvements, 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, the attached agreement and counterparts thereof.
PASSED, APPROVED and ADOPTED this the 25 day of February ,
A.D.,2002.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-35
DEVELOPMENT AGREEMENT
(EXHIBIT "A" TO RESOLUTION NO. R2002-35)
This Agreement is entered into this,~, day of/~,~'~'~_~, 2002, by and between the
City of Pearland, Texas (hereinafter "City"), and WaI-Ma~ Stores,i/Inc., a corporation
(hereinafter "Developer").
WHEREAS, Developer plans to construct a Wal-Mart store at the intersection of FM
518 and Dixie Farm Road; and
WHEREAS, the construction will necessitate certain road improvements designed to
improve traffic flows along Dixie Farm Road and FM 518 (Broadway); and
WHEREAS, the Developer and City agree that it is the Developer's responsibility to
construct a dedicated right-turn lane on FM 518 (Broadway) at the entrance to
Wal-Mart, provide traffic signalization at this intersection, provide necessary
improvements, including an additional right-turn only lane from northbound Dixie Farm
Road onto eastbound FM 518 (Broadway) and widening of the existing right-turn only
lane from southbound Dixie Farm Road onto westbound FM 518 (Broadway) to the
intersection of FM 518 (Broadway) and Dixie Farm Road, and provide two temporary
right-turn lanes at the two northernmost entrances to Wal-Mart on Dixie Farm Road at
Developer's expense at this time; and
WHEREAS, the Developer and City agree that it is also the Developer's responsibility
to construct two permanent right-turn lanes at the two northernmost Wal-Mart
entrances on Dixie Farm Road and three permanent left-turn lanes (hereinafter
"Improvements") and that the cost of such improvements is Sixty Thousand Dollars
($60,000.00); and
.WHEREAS, the Developer and City agree that it is advantageous to defer the
construction of the Improvements until a later date; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to 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:
Developer agrees to deposit Sixty Thousand Dollars ($60,000.00) with the City at
the time of the issuance of Developer's building permit or upon execution of this
agreement, whichever is later. Such funds will be held by the City in an interest
bearing escrow account selected and adminiStered by the City. Developer shall
not be entitled to any refunds from this contribution amount.
City agrees to apply the contribution amount and interest earnings to the
construction of the extension of the Improvements. The City shall determine the
design, method, and time of construction for the Improvements.
This agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
No Certificate of Occupancy for the Wal-Mart store at the intersection of FM 518
and Dixie Farm Road will be issued until the dedicated right-turn lane on to FM
518 (Broadway) at the entrance to Wal-Mart, the necessary traffic signalization
at this intersection, the necessary improvements, including an additional right-
turn only lane from northbound Dixie Farm Road onto eastbound FM 518
(Broadway) and widening of the existing right-turn only lane from southbound
Dixie Farm Road onto westbound FM 518 (Broadway) to the intersection of
FM518 (Broadway) and Dixie Farm Road, and the two temporary right-turn lanes
at the two northernmost entrances to Wal-Mart on Dixie Farm road are
completed.
The City agrees to construct the Improvements concurrently with reconstruction
of Dixie Farm Road on a schedule as determined b the City.
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.
Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
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.
This agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
2
10.
This agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
11.
Resolution No. R2001-87 is incorporated herein and made a part of this
development agreement for all purposes.
12.
To accomplish execution of this agreement, it may be executed in multiple
counterparts.
13.
DEVELOPER HEREBY RELEASES, ACQUITS, AND FOREVER
DISCHARGES 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 IMPLEMENTATION OF THE TERMS OF
THIS AGREEMENT, 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,
DAMAGE OR EXPENS,E, OF ANY NATURE AND HOWSOEVER CAUSED,
INCLUDING ATTORNEY S FEES, CLAIMED OR RECOVERED BY ANYONE
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 THIS AGREEMENT.
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.
WA~TORES, INC.
By:{_-/ _¢//]¥//',~,,,,___.
3
ATTEST:
STATE OF ARKANSAS
COUNTY OF BENTON
CITY OF PEARLAND
By:
I~ll-~isen
City Manager
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~"1 .5/,.~,~./¢.,., , 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
~_~[~ C~ , A.D., 2002.
THIS ! DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF ARKANSAS
Printed Name:
My Commission Expires:
4
STATE OF TEXAS §
-- §
COUNTY OF ~/.~~ §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~-"/;/ ~//~'"--~ , 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
, A.D.,2002.
~" DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~---,//-~:- ~ ~4/,~,~.~
My Commission Expires:
5
Residential Water/Sewer and Garbage Rate Comparisons
February 14, 2002
MUD 1
Water and Sewer
Total Average Average
Current Rates: Water Basis Sewer Basis Minimum Consumption Bill
Minimum Charge $16.50 up to l0,000 gallons $ 18.50 FlatRate $ 35.00 10,700 $ 35.88
Additional Consumption $ 1.25 per 1,000 gallons NA NA
With City Rates
Minimum Charge $10.89 up to 2,000 gallons $ 11.39 FlatRate $ 22.28 10,700 $ 52.56
Additional Consumption $ 2.02 per 1,000 gallons 1.46 per 1,000 gallons
Difference $ 16.68
Garbage
Current Monthly Charge (paid through contract with MUD) $
Monthly Charge with City Rate
$ 11.88
Total
ITotal Current Average Water/Sewer/Garbage Bill
Total Average Bill with City Rates
IDifference $ 11.88
$ 35.88
$ 64.44
I Difference $ 28.56
MUD 5
Water and Sewer
Total Average Average
Current Rates: Water Basis Sewer Basis Minimum Consumption Bill
Minimum Charge $ 8.50 up to 2,000 gallons $ 8.89 FlatRate $ 17.39 10,000 $ 39.07
Additional Consumption $ 1.57 per 1,000 gallons 1.14 per 1,000 gallons
With City Rates
Minimum Charge $10.89 up to 2,000 gallons $ 11.39 FlatRate $ 22.28 10,000 $ 50.12
Additional Consumption $ 2.02 per 1,000 gallons 1.46 per 1,000 gallons
Difference $ 11.05
Garbage
Current Monthly Charge (paid
Monthly Charge with City Rate
$ 11.88
$ 11.88
through HOA dues)
Total
Total Current Average Water/Sewer/Garbage Bill
Tota Average Bill with City Rates
Difference
$ 39.07
All fees exclude taxes.
$ 62.00
IDifference $ 22.93