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R-2015-204 2015-11-09RESOLUTION NO. R2015-204 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Letter Financing Agreement with the Lower Kirby Pearland Management District and a Reimbursement Agreement with the Pearland Economic Development Corporation associated with the design and construction of the North Spectrum Traffic Signal. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Letter Financing Agreement by and between the City of Pearland and the Lower Kirby Pearland Management District, 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 certain Reimbursement Agreement, by and between the City and the Pearland Economic Development Corporation, a copy of which is attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby authorized and approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the Letter Financing Agreement and Reimbursement Agreement attached hereto. PASSED. APPROVED and ADOPTED this the 91'' day of November. A.D., 2015. ATTEST. APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Z.Q TOM REID MAYOR '''''///1111111\`\\‘ Resolution No. R2015-204 Exhibit "A" LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/ o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 October 21, 2015 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for design of traffic signal and associated improvements at Kirby Drive and North Spectrum Boulevard To Whom it may concern: Lower Kirby Pearland Management District (the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014, to provide for the financing and construction of facilities to serve land within the District. The District and the City have determined to proceed with the design and construction of a traffic signal and associated improvements at Kirby Drive and North Spectrum Boulevard (the "Project"), as outlined in Exhibit "A", in accordance with the Agreement. The total estimated cost of the Project is $250,000.00. The City has entered into a Development Agreement with Spectrum 86 Limited Partnership who will contract for the design and construction. The City will make all payments related to the Project in accordance with the escrow agreement, Exhibit F to the Development Agreement, and the District agrees to reimburse the City pursuant to the terms of the Agreement. [EXECUTION PAGE FOLLOWS] 564771 This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 21st day of October, 2015. Very truly yours, LOWER KIRBY PEARLAND MANAGEMENT DISTRICT ; ? / By: resident ectors AGREED TO AND ACCEPTED this Q44' day of keCern ber_. , 2015. City of P By• C Manager 564771 , Texas EXHIBIT A TRAFFIC ENGINEERS, INC. INNOVATIVE TRANSPORTATION SOLUTIONS 801 Congress Suite 325 rlouston, TX 77002 September 22, 2015 Justin S. Patchen Urban Meridian Group, Inc. 4808 Gibson Street Houston, TX 77007 Voice (713) 270-81 45 Fax (713) 270-81 48 www.trafficengineers.com Re: Traffic Signal Design at Kirby Drive and North Spectrum Boulevard Dear Mr. Patchen: The purpose of this letter is to outline our scope of services and fee for Traffic Signal Services at Kirby Drive and North Spectrum Boulevard in Pearland, Texas. Scope of Services Design Phase • Verify existing conditions as shown on the survey (provided by others). CADD files for the proposed North Spectrum Boulevard roadway will be included in the signal design. • Prepare pedestrian ramp design at the intersection in accordance with ADA requirements. • Provide traffic signal design layout drawings per City of Pearland requirements, including all standard and detail drawings. • Coordinate signing and pavement marking items related to the traffic signal design with the roadway improvement drawings. • Obtain the preliminary electrical service location from applicable power company. • Coordinate with the appropriate utility company for overhead utility adjustments, if needed. • Obtain design approval of the proposed design from Brazoria County. Bid/Construction Phase • Prepare Bid documents, notes and specifications, etc. related to the signal design drawings. • Attend Pre -Bid Meeting and prepare written responses to contractor questions. • Review contractor submittals for traffic signal items. • Attend field meetings and signal turn -on as requested. PAGE 1 OF 2 TRAFFIC ENGINEERS. INC. Fees Based on our estimate of hours required to complete this project, it is proposed that we be compensated in the following amounts: • Design Phase - $21,000.00 lump sum • Bid/Construction Phase - $4,000.00 lump sum Note: Surveying services are not included in this proposal and would be an Additional Service if required. If this letter agreement satisfactorily sets forth your understanding of our work scope and fee, please sign and return one copy to our office. We look forward to working with you on this project. If you should have any questions regarding this proposal, you may contact me at (281) 606-0269. Sincerely, Accepted by j2 Bradley G. Eaves, PE, PTOE Principal Signature Date Typed or Printed Name and Title THE TEAM YOU CAN DEPEND ON PAGE 2 OF 2 RESOLUTION NO. R2015-204 Exhibit "B" REIMBURSEMENT AGREEMENT This Agreement is entered into this qday ofDGoas2015, by and between the CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development Corporation (hereinafter "PEDC"). WHEREAS, the PEDC is a Type B economic development corporation, created pursuant to Chapter 505 of the Texas Local Government Code, as amended; and WHEREAS, the City and PEDC desire the design and construction of a traffic signal at North Spectrum Boulevard and Kirby Drive (hereinafter "Signal"); and WHEREAS, the Signal represents an infrastructure project located within the boundaries of the Lower Kirby Pearland Management District ("LKPMD"); and WHEREAS, Section 501.103 of the Texas Local Government Code (hereinafter "Code"), in pertinent part, defines the term "project" to mean "expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Internet improvements ..."; and WHEREAS, the PEDC desires to fund the Signal; and WHEREAS, the City can receive eligible reimbursements from the LKPMD for the costs associated with Signal; and WHEREAS, the PEDC approved funding the Signal for the City at its October 1, 2015, Board of Directors' meeting; and WHEREAS, City and PEDC desire an agreement to set forth their respective responsibilities with regard to the Signal and reimbursement of said costs. 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. Spectrum 86 Limited Partnership, per Development Agreement approved by City Council September 21, 2015, shall be responsible for designing and constructing the Signal more accurately described in Exhibit "A" attached hereto. 2. The total cost of the Signal is estimated to be $250,000. PEDC shall fund an amount equal to the actual cost of the Signal ("PEDC Participation Amount"), which shall be paid to City in installments or a lump sum amount. The timing and amount of the payment shall be determined at sole discretion of the City, but in no event shall the total payments exceed the actual cost of the Report. 3. This Agreement shall be contingent upon City and LKPMD entering into a Financing Agreement whereby City agrees to pre -finance the Signal in return for LKPMD's agreement to reimburse the City for the costs associated with the Signal ("Reimbursable Fund Payment"). Within 90 days following City's receipt of the Reimbursable Fund Payment from LKPMD that is attributable to the Signal, City shall make payment to PEDC, in an amount equal to the Reimbursable Fund Payment, as reimbursement for the PEDC Participation Amount. 4. The initial term of this Agreement shall be for a period of eighteen (18) months, commencing on the 1st day of October, 2015, and may be renewed as needed until the Report is complete. 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: Chairman 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: PEARLAND ECONOMIC DEVELOPMENT CORPORATION a Texas non-profit co poration By: Rushi Patel Chair CITY OF P BLAND, a Texas nic'.al corporation ay ' earson, City Manager ung L.��ng j_" .. . ity Sec tary- EXHIBIT A AERIAL 4 z , se �:. •'' ate . :_'j TxDOT Ditch Phase I Detention Constuction Detention Pond. Hooper Road N. Spectrum Blvd (Developer) Futre N. Spectrum Blvd a • • a a Pi it' Q Qr,ortr,im 12It,d