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R-2015-105 2015-06-08RESOLUTION NO. R2015-105 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with Brazoria County Municipal Utility District No. 26 and Brazoria-Fort Bend County Municipal Utility District No. 1 ("Districts"), related to additional public park improvements at the Shadow Creek Ranch Sports Complex. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the Districts, 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 Interlocal Agreement with the Districts. PASSED, APPROVED and ADOPTED this the 8th day of June, A.D., 2015. ATTEST: gild NG L SEC":TARY APPROVED AS TO FORM: LJ/2— DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR /\ INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26, BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, AND THE CITY OF PEARLAND RELATED TO CONSTRUCTION OF ADDITIONAL PUBLIC PARK IMPROVEMENTS THE STATE OF TEXAS COUNTY OF BRAZORIA This Agreement (this "Agreement") is made and entered into as of the _ day of , 2014, by and between Brazoria County Municipal Utility District No. 26, Brazoria-Fort Bend County Municipal Utility District No. 1 (individually "MUD 26" and "MUD 1," respectively, and collectively, the "Districts"), political subdivisions of the State of Texas, organized pursuant to Article XVI, Section 59 of the Constitution of the State of Texas and Chapters 49 and 54 of the Texas Water Code, as amended, and the City of Pearland, Texas (the "City"), a Texas home rule city. RECITALS WHEREAS, the City is developing a tract which is split between the boundaries of the Districts, as is more particularly shown on the map attached as Exhibit "A", as the Shadow Creek Ranch Regional Sports Park (the "Tract"); and WHEREAS, pursuant to a separate agreement entered into by the Parties ("the Utility Agreement"), a copy of which is attached as Exhibit "B", the Districts are funding the cost of the public water, sanitary sewer and drainage facilities needed for development of the Tract (the "Facilities"), in exchange for the City's agreement to fund additional recreational facilities on the Tract. AGREEMENT Now therefore, for and in consideration of the mutual promises, covenants, benefits, and obligations herein set forth, the Districts and the City hereby agree and contract as follows: Section 1: The City shall proceed with the development of the Tract. Pursuant to the Utility Agreement, the Districts will pay the costs for the construction of the Facilities, which will result in a cost savings to the City in the development of the 513394 Tract. The City agrees it shall use such savings to construct additional portions of future phases of development of the Tract in the priority Listed below: 1. Crushed granite trail around detention pond; 2. Clear and grubbing Phase 2 open space; 3. Playground; 4. Lawn amphitheatre; 5. Volleyball courts; 6. Maintenance Building; 7. 4th lighted softball field; and 8. Scoreboards for softball fields. Section 2: Upon receipt of the funds from the Districts, the City shall construct additional public improvements on the Tract in accordance with Section 1 above. The City shall complete such construction within one year from the date it receives the funds from the Districts for the Facilities. Section 3: The City and the Districts each represent to the other that each has full right and authority to enter into this Agreement and that the person signing on behalf of each has full authority to bind such party by executing this Agreement. Section 4: While the provisions of this Agreement are, in part, intended to establish as between the parties an acceptable manner of allocating responsibilities for the development of this Tract that will benefit the residents of the Districts, this Agreement shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any benefit or right upon any customers, residents, or members of the Districts or the City, or on any other party. Section 5: This Agreement shall not be deemed to create a partnership or joint venture of any sort between the City and the Districts. Section 6: Parties. This Agreement may only be amended by written agreement of the Section 7: The term of this Agreement shall be two (2) years from the date first shown above, except when both Districts have paid their $685,000, and the additional recreational improvements have been constructed, this Agreement and the Utility Agreement shall terminate. Section 8: This Agreement shall become effective upon the date first written above and upon the date a separate agreement between all of the Parties is signed. -2- 513394 Section 9: This Agreement is not assignable by any Party hereto except with the prior written consent of the other Parties. Section 10: In addition to any other available remedies, the Parties hereto shall have the right to injunctive relief in the event a Party hereto violates any term of this Agreement. Section 11: This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are to be performed in Brazoria and Fort Bend County, Texas, as the Tract is located in both Counties. [EXECUTION PAGES FOLLOW] -3- 513394 IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. ATTEST: ")1,W,m.L- fig Secretary, Board of Directors (SEAL) 513394 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 President, Board of Directors IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. ATTEST: Secretary, ioa d of DirectJ (SEAL) - .47, r. delnicgli;e3_\. (at.461* 311 •'' 513394 rs BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 1),vit ,J rc,��k President, Board of Directors IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. ATTEST: (SEAL) 313394 City of Pearland, T By: 'C7:::)Urri Mayor, City of Pearland Tom Reid RN°lulWn Nu P.2014-Ile LEGEND FzA:hh -A" 47-41' EXHIBIT f S a public amenities & beautification slap for SHADOW CREEK RANCH Bf]ADOW CREEK RANCH DEV. CO., L.Y. Exhibit A INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26, BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1, AND THE CITY OF PEARLAND RELATED TO CONSTRUCTION OF PUBLIC WATER, SEWER AND DRAINAGE FACILITIES THE STATE OF TEXAS § COUNTY OF BRAZORIA This Agreement (this "Agreement") is made and entered into as of the 12t day of o.+enloc� , 2014, by and between Brazoria County Municipal Utility District No. 26, Brazoria-Fort Bend County Municipal Utility District No. 1 (individually "MUD 26" and "MUD 1," respectively, and collectively, the "Districts"), political subdivisions of the State of Texas, organized pursuant to Article XVI, Section 59 of the Constitution of the State of Texas and Chapters 49 and 54 of the Texas Water Code, as amended, and the City of Pearland, Texas (the "City"), a Texas home rule city. RECITALS WHEREAS, pursuant to Chapter 54.012 of the Texas Water Code, as amended, the Districts were created (among other purposes) for the purposes of providing water, sanitary sewer and drainage improvements to property within the boundaries of the Districts; and WHEREAS, pursuant to Chapter 54.201 and Chapter 49.211 of the Texas Water Code, as amended, the Districts have the authority to purchase, construct, acquire, maintain, repair, improve or extend (among other things) water, sanitary sewer and drainage improvements and facilities necessary to accomplish the purposes of its creation or the purposes authorized by law; and WHEREAS, pursuant to Chapter 49.227 of the Texas Water Code, as amended, the Districts have the authority to act jointly with (among others) a public entity in the perfonnance of any of the powers and duties permitted by State law; and WHEREAS, the City is developing a tract which is split between the boundaries of the Districts, as is more particularly shown on the map attached as Exhibit "A" (the "Tract"); and WHEREAS, the Districts and the City agree that their cooperation of efforts in jointly financing and constructing certain public improvements so as to avoid 456446 EXHIBIT B duplication of effort and to minimize cost, pursuant to the Interlocal Cooperation Act, will allow the City to more quickly develop the Tract; and WHEREAS, the Districts and the City have determined that it is more economical for the City to construct the public water, sanitary sewer and drainage facilities needed for development of the Tract (the "Facilities"), and to invoice the Districts for the cost of these projects, which they shall share equally; and WHEREAS, the City will be responsible for operation and maintenance of all Facilities constructed by the City on the Tract. AGREEMENT Now therefore, for and in consideration of the mutual promises, covenants, benefits, and obligations herein set forth, the Districts and the City hereby agree and contract as follows: Section 1: The City shall proceed with the development of the Tract, and will design the Facilities at its cost. The Districts shall pay the costs for the construction of the Facilities. The City recognizes that the assumption of the cost of construction of the Facilities results in a cost savings to the City in the development of the Tract; therefore, the City agrees it shall use such savings to construct additional portions of future phases of development of the Tract as agreed upon in a separate agreement between the City and the Districts. Section 2: The City shall proceed to construct and complete the Facilities in accordance with applicable competitive bidding requirements. The City has informed the Districts the total construction cost of the Facilities is estimated to be approximately $1,370,000 based upon bids received by the City. The Districts agree each to include $685,000 toward the construction cost in their next bond applications submitted to the Texas Commission of Environmental Quality ("TCEQ"). Within 30 days of receipt of funds from the sale of the bonds approved by the TCEQ for the funding of the cost of the Facilities, the Districts each shall pay $685,000 to the City ("Reimbursement Funds") as reimbursement for their pro rata equal share of the cost. Section 3: Upon receipt of the Reimbursement Funds from the Districts, the City shall construct additional public improvements on the Tract in accordance with a separate agreement with the Districts. Section 4: The City and the Districts each represent to the other that each has full right and authority to enter into this Agreement and that the person signing on behalf of each has full authority to bind such party by executing this Agreement. -2- 456446 Section 5: While the provisions of this Agreement are, in part, intended to establish as between the parties an acceptable manner of allocating responsibilities for the development of this Tract that will benefit the residents of the Districts, this Agreement shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any benefit or right upon any customers, residents, or members of the Districts or the City, or on any other party. Section 6: This Agreement shall not be deemed to create a partnership or joint venture of any sort between the City and the Districts. Section 7: This Agreement may only be amended by written agreement of the Parties. Section 8: The term of this Agreement shall be two (2) years from the date first shown above, except when both Districts have paid their $685,000, and the additional improvements constructed pursuant to the Parties separate agreement, this Agreement shall terminate. Section 09: This Agreement shall become effective upon the date first written above and upon the date a separate agreement between all of the Parties is signed. Section 10: This Agreement is not assignable by any Party hereto except with the prior written consent of the other Parties. Section 11: In addition to any other available remedies, the Parties hereto shall have the right to injunctive relief in the event a Party hereto violates any term of this Agreement. Section 12: This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are to be performed in Brazoria and Fort Bend County, Texas, as the Tract is located in both Counties. [EXECUTION PAGES FOLLOW] -3- 456446 IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. ATTEST: Secretary, Bot rd of Directors (SEAL) 456446 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 26 ,. e�ht Board of it rte Presid rs IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. ATTEST: Secretary (SEAL) 45(1446 rd of Director, BRAZORIA-FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 President, Board of Directors IN WITNESS WHEREOF, the parties have executed this Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. CITY OF PEARLAND, TEXAS By: led Mayor, City of Pearland ATTEST: 456346 • LEGEND • • •.w.....wr.. Raulullun Nu R2O14J)B Eshthh'A' Exhibit A EXHIBIT F.5 a public amenities & beautification nap for SHADOW CREEK RANCH SHADOW CREEK RANCH DEV. CO., L.P. iifir i 'HATILI TItetlrR'.