R-2015-223 2015-12-12RESOLUTION NO. R2015-223
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 DR
Horton associated with the oversizing of the Bakers Landing Detention Pond
and constructing the associated improvements in the estimated amount of
$120,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Development 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 14th day of December, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DA'RIN M. COKER
CITY ATTORNEY
i
TOM REID
MAYOR
'/'11.1111I‘‘‘`%`
TO:
COMPANY:
ADDRESS:
PHONE:
RE:
Alan Mueller
Resolution No. R2015-223
Exhibit "A"
CITY OF PEARLAND
Engineering & Capital Projects Department
3519 Liberty Drive, Suite 300
Pearland, Texas 77581
www.cityofpearland.com/projects
LETTER OF TRANSMITTAL
Gromax Development LLC
4201 W. Broadway St. #A
Pearland , Texas 77581
28-412-9210
DATE:
12/21/2015
COMMENTS: Attached are the Baker's Landing Detention pond Oversize Agreement — please sign
and return 2 originals to the City.
THE FOLLOWING ITEMS ARE ENCLOSED:
❑ CHANGE ORDER ❑ SHOP DRAWINGS ❑ SUBMITTAL
PLANS
COPIES
1
❑ SPECIFICATIONS ® OTHER
DESCRIPTION
Original Agreement for Sign
ature
THESE ARE TRANSMITTED as checked below:
® FOR APPROVAL ❑ APPROVED AS SUBMITTED
❑ FOR YOUR USE ❑ RETURNED FOR CORRECTIONS
❑ SUBMIT COPIES FOR DISTRIBUTION ❑ AS REQUESTED
❑ RETURN CORRECTED PRINTS ❑ FOR REVIEW AND COMMENT
If you have any questions, please feel free to call me at 281-652-1797.
Thank you.
Andrea Brinkley, Project Manager
�dn,in 1 of 1 3. Ren,ed 7
DEVELOPMENT AGREEMENT
This Agreement is entered into this /11T4 -day of Ot/ , 2015, by and
between the CITY OF PEARLAND, TEXAS, (hereinafter "City"), and b.+Z, f /or1,N- •
(hereinafter "Developer").
WHEREAS, Developer plans to construct a planned unit development consisting of single
family residential, town home, and general business uses to be known as Baker's landing
('Development"); and
WHEREAS, Developer is required to construct a detention pond with 59.15 acre-feet of
detention volume to serve the Development; and
WHEREAS, City desires to cooperate with Developer to oversize the detention pond by
adding an additional 8.52 acre-feet of detention capacity to serve the Old Town Site area of
the City; and
WHEREAS, Developer's detention requirement plus the City's oversizing request shall
collectively be referred to as the Improvements herein; and
WHEREAS, City and Developer desire an agreement to set forth their respective
responsibilities with regard to providing the Improvements to.
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. Developer shall install the Improvements in accordance with the specifications
contained in Exhibit '`A" attached hereto. The estimated cost for the portion of the
Improvements to serve the Development is $912.500.00. The estimated total cost
for all of the Improvements is estimated to be $1,032,600.00. Therefore, the total
estimated cost for the City's portion of the Improvements is $120.000.00, however,
the City's actual portion of the improvements shall be determined upon receipt and
approval by the City of the bids obtained in accordance with Section 2 of this
Agreement (hereinafter "City's Cost"), and City agrees to reimburse Developer for
the City's Cost in accordance with Section 4 of this Agreement.
2. Upon approval of the plans and specifications by the City, Developer's engineers
shall obtain competitive line item bids in accordance with Local Government Code
Chapter 252 for the construction of the Improvements in accordance with the plans
and specifications. Developer and the City will review the bids and Developer will
award a contract to the successful bidder. City reserves the right to reject any and
all bids for the construction of the City Improvements within ten (10) days following
submission to the City for review, following the expiration of which the bids selected
by Developer shall be deemed approved by the City. In the event the City rejects
the bids, this Agreement shall automatically terminate and Developer shall be
authorized to construct the improvements needed to serve the Development only.
3. Following approval of the bids by the City, Developer shall cause construction of the
Improvements to commence on or before the date two (2) weeks following the later
of such approval by the City or the deemed approval pursuant to Section 2 above,
and Developer shall cause the Improvements to be substantially complete, as
reasonably determined by the City's Engineer, in accordance with the plans and
specifications on or before December 31, 2016. If Developer shall fail to cause
construction to commence by the aforementioned date, and following thirty (30)
days' written notice to Developer, the City shall have the right to terminate this
Agreement, in which event Developer shall be authorized to construct the
improvements needed to serve the Development only. Developer's engineer and
the City Engineer or his designee shall monitor the progress and workmanship of
the contractor. Developer shall advance the funds necessary to pay the contractor
for the work performed. Developer shall cause the City to be named as an
additional obligee under any performance bond obtained by Developer to secure the
construction of the Improvements.
4. The City will reimburse Developer for the City's Cost within thirty (30) days following
acceptance of the Improvements by the City and evidence of paid invoices.
Provided, however, that the City shall not be obligated under any circumstance to
reimburse Developer for more than 100% of the City Cost, unless the City Council
shall approve such an increase beyond the City Cost ("Additional Costs") prior to
construction of the improvements that result in the Additional Costs. Furthermore,
Developer shall be responsible for all Additional Costs that are not approved as
provided herein.
The initial term of this reemen shall be for a period of eighteen (18) months,
commencing on the 1 day of 2015, and terminating on the 30th day
of June, 2017, provided, however, that this Agreement shall be automatically
renewed in one (1) month increments (up to a maximum of 6 months) until all of the
obligations of the parties hereunder have been fully discharged or specifically
waived in writing by the beneficiary thereof.
6. This Agreement may only be amended, modified, or supplemented by written
agreement and signed by both parties.
9. 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.
10. Nothing herein is intended to supersede or waive any City ordinance or regulation
pertaining to such construction.
11. 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.
12. This Agreement shall be construed and enforced in accordance with and governed
by the laws of the State of Texas.
13. To accomplish execution of this Agreement, it may be executed in multiple
counterparts.
14. 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
NEGLIGENT DESIGN BY DEVELOPER OF THE IMPROVEMENTS
REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. THE PROVISIONS OF THIS SECTION SHALL
SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT FOR A PERIOD OF TWO YEARS.
15. DEVELOPER SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL
COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND
HOWSOEVER CAUSED, INCLUDING ATTORNEYS' 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 THE NEGLIGENT DESIGN BY DEVELOPER, ITS AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS OF THE IMPROVEMENTS
REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES,
SUCCESSORS, OR ASSIGNS. THE PROVISIONS OF THIS SECTION SHALL
SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT FOR A PERIOD OF TWO YEARS.
16. The Parties agree that any suit arising out of or related to this Agreement shall be
filed in Brazoria County Texas.
17. 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 Developer:
City of Pearland
Attn: Clay Pearson
3519 Liberty Drive
Pearland, TX 77581
D.R. Horton — Texas, Ltd.
14100 Southwest Freeway, Ste. 500
Sugar Land, TX 77478
Attn: Chris Lindhorst & Eric Windsor
Email: clindhorst@drhorton.com /
ewindsor@drhorton.com
Notice delivered in accordance with the terms hereof shall be effective upon receipt.
18. Force Majeure. No party to this Agreement shall be in default for breach of any
covenant in this Agreement, other than a covenant to make payment when due, which is
caused by or results from any causes beyond such party's reasonable control, including
but not limited to acts of God, war, riot, civil disobedience or disturbance, weather,
impracticality, accident, strike or other labor disputes, delays of suppliers, contractors or
carriers, fire, flood or casualty, governmental or judicial actions and shortages of material,
components, fuel, labor or facilities.
In witness whereof, the parties have hereunto set their hands and signatures on the date
first above mentioned.
D. R. HORTON — TEXAS, LTD.,
a Texas limited partnership
4
ATTEST:
By: D. R. Horton, Inc., 4 Delaware corporation,
til ithorj±ed A nt
i
By:
Name: �,Ytristopher Lindhorst
Its: Division President
CITY OF PEARLAN
a Texas mu ipal ration
By:
Clay(J'arso
City Manag: r
00°1111111,
STATE OF TEXAS
FORT BEND COUNTY §
This instrument was acknowledged before me on this 27- day
of beLeio9e - 2015, by Christopher Lindhorst, Division President of D.R. Horton,
INC., a Delaware corporation, the authorized agent of D.R. Horton - Texas, Ltd., a Texas
limited partnership.
Notary Public
My Commission Expires: 1-115 hot')
STATE OF TEXAS
BRAZORIA COUNTY
§
KORIE JOHNSTON
ID # 12808789-5
My gym. Exp. Apri 05, 2019
This instrument was acknowledged before me on this 7 day
of , 2016, by Clay Pearson, City Manager of the City of Pearland, a
Texas home rule municipality, on behalf of said municipality.
Notary Public, State of Texas
My Commission Expires: /d/,V/77/44,
6
REBECCAA. BOWERY
NOTARY PUSUC. STATE Of TEXAS
MY COM 1ISSION EXPIRES
&WM December 26. 201 •
*eery ID b 01133751-0
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PRELIMINARY ENGINEER'S ESTIMATE FOR: BAKER'S LANDING
WATER, SEWER, DRAINAGE,
DETENTION AND PAVING
ESTIMATE BY: CITY OF PEARLAND, TEXAS
ANC/ARC
ESTLMATE DATE: 11/12/2015
LJA JOB NO. 1931-1901
ITEM DESCRIPTION
DETENTION POND ITEMS
EXHIBIT A Pg. 2 of 2
UNIT TOTAL DR HORTON PEARLAND
UNIT QTY COST COST COST COST
1 EXCAVATION, HAULING, PLACEMENT. AND COMPACTION OF POND CY 110,800 S 5.00 S 554,000 S 554,000 S
TO SERVE BAKER'S LANDING
2 EXCAVATION, HAULING, PLACEMENT, AND COMPACTION OF POND CY 13,700 5.00 68,500 68,500
TO SERVE CITY OF PEARIAND
3 OUTFALL - 36" RCP STM SWR, ALL CUTS (I) LF 150 105.00 15,750 13,703 2,048
4 OUTFALL- 66" CMP STM SWR, ALL CUTS (1) IF 169 150.00 25.350 22,055 3,296
5 OUTFALL -95x5' JUNCTIONBOX(1) EA 1 5,000.00 5,000 4,350 650
6 OUTFALL - TRENCH SAFETY (1) 11 319 1.25 399 347 52
7 OUTFALL EROSION CONTROL- 5" CONCRETE SLOPE PAVING (I) SY 54 127.00 6.858 5,966 892
8 OUTFALL OVERFLOW SWALE - 5" ARTICULATED CONC. BLOCK(I) SY 405 80.00 32.400 28,188 4,212
SUBTOTAL DETENTION ITEMS S 708,300 S 628,600 $ 79,600
MISCELLANEOUS ITEMS
I STABILIZED CONSTRUCTION EXIT (I) EA 1 5 2,000.00 $ 2.000 S 1.740 S 260
2 TEMPORARY ROCK FILTER DAM (1) EA 1 135.00 135 117 18
3 DEWATERING LF 1,000 25.00 25,000 25,000 -
4 ADDITIONAL COST FOR STORM SEWER BEDDING AND BACKFILL LF 1,000 15.00 15,000 15,000
WHERE UNSATISFACTORY SOIL CONDITIONS EXIST
5 BROADCAST SEEDING OF FILL AREAS AND MAINT. BERMS (1) AC 52.9 550.00 29,095 25,313 3,782
6 HYDROMULCH SEEDING OF POND SIDE SLOPES (I) AC 3.0 1,100.00 3,300 2,871 429
7 STORM WATER POLLUTION PREVENTION COMPLIANCE (1) EA 1 5,000.00 5.000 4,350 650
SUBTOTAL MISCELLANEOUS ITEMS S 79,500 5 74,400 S 5,100
DETENTION ESTIMATE SUMMARY
SUBTOTAL DETENTION POND
SUBTOTAL MISCELLANEOUS ITEMS
TOTAL CONSTRUCTION AMOUNT
CONTINGENCIES (I0%)
ENGINEERING AND TESTING (18%)
REVISE DRAINAGE STUDY
$ 708,300 $ 628,600 S 79,600
79,500 74,400 5,100
S 787,800 S 703,000 S 84,700
S 78,800 $ 70,300 S 8,500
S 156.000 $ 139,200 S 16,800
S 10,000 $ - S 10.000
TOTAL S 1,032,600 S 912,500 S 120,000
NOTE;
(1) PRO -RATED BASED ON EXCAVATION
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