R-2015-034 2015-02-23RESOLUTION NO. R2015-34
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into a
Reimbursement Agreement with the Pearland Economic Development
Corporation associated with the construction of underground electrical
facilities on Kirby Drive.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Reimbursement 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 23rd day of February,
A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARR1N M. COKER
CITY ATTORNEY
l
TOM REID
MAYOR
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Resolution No. R2015-34
Exhibit "A"
REIMBURSEMENT AGREEMENT
This Agreement is entered into this 24th day of February, 2015, by and between the
CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic
Development Corporation (hereinafter "PEDC").
WHEREAS, the City and PEDC desire the relocation of existing overhead electric
feeder mains to underground locations along Kirby Drive from Fruge north
approximately 1500 feet (hereinafter "Improvements"); and
WHEREAS, the PEDC previously entered into a contract for the design of the
Improvements, and the City plans to enter into a contract with CenterPoint Energy for
construction of the Improvements; and
WHEREAS, the City previously acquired $200,000.00 ("City's Portion") from the
development of a medical office building that must be used for the location of the
Improvements, and the PEDC desires to fund the portion of the Improvements that
exceed the City's Portion by reimbursing such costs to the City; and
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. The City shall contract to construct the manholes and underground conduit duct
banks and to install the electrical conduit lines and related electrical gear as
shown in Exhibit "A" attached hereto.
2. Following award of the contract by City, City shall cause construction of the
Improvements to commence on or before July 1, 2015 ("Commencement Date"),
and shall cause the Improvements to be completed in accordance with the plans
and specifications within a reasonable period of time.
3. City shall initially fund the entire cost of the Improvements which is estimated to
be $9,2297.50 as itemized in Exhibit "B" attached hereto. In consideration of
City's financial contribution to the Improvements, PEDC agrees to reimburse City
for all costs that exceed the City's Portion ("Reimbursement Amount") which is
estimated to be $200,000.00. PEDC shall reimburse City the Reimbursement
Amount in installments as the City is invoiced by the various venders.
4. The initial term of this Agreement shall be for a period of twelve (12) months,
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commencing on the 24`h day of February, 2015, and terminating on the 24th day
of February, 2016, provided, however, the Reimbursement provisions contained
in Section 3 of this Agreement shall survive the termination date contained herein
until such time City receives reimbursement payments from PEDC.
5. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
8. 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.
9. Nothing herein is intended to supersede or waive any City ordinance or
regulation pertaining to such construction.
10. 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.
11. This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
12. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
13. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
14. 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: Clay Pearson, City Manager
3519 Liberty Drive
Pearland, TX 77581
Pearland Economic Development Corporation
Attn: Matt Buchanan, President
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.
ATTEST:
ng Lo i g
y Sec ary
PEARLAND ECONOMIC DEVELOPMENT
CORPORATION
a Texas non-profit corporation
By:
Rushi Patel,
Chairman
CITY OF PEARLAND,
a Texas . icipal corporation
By
CI- Pears
City Mana
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EXHIBIT A
"Improvements"
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EXHIBIT B
Cost Schedule
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Cost Estimate
Engineering and Design 584,556.00
Right of Way 525,000.00
Construction Estimate $677,577.50
CenterPoint Energy $276,000.00
CentcrPoint Pok Removal 549,164.00
Total 51,112,297.50
City Contribution 5200,000.00
PEDC Contribution 5912,297.50