HomeMy WebLinkAboutResolution - 2019-R0386 - Development Agreement With Betenbough Homes - 10/22/2019 Resolution No. 2019-R0386
Item No. 6.4
October 22, 2019
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, the Development Agreement for the construction and
design of the Carlisle Lift Station, by and between the City of Lubbock and Betenbough Homes,
LLC, of Lubbock, Texas and related documents. Said Agreement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes of
the City Council.
Passed by the City Council on October 22, 2019
DANIEL M. POPE,MAYOR
ATTEST:
Rebe ca Garza, City Secreta y
APPROVED AS TO CONTENT:
ke i'ca McLachern, Assistant City Manager
APPROVED AS TO FORM:
16��
K lli Leisure, Assistant City Attorney
ccdocs/RE-S.DeveloperAgrmt_Carlisle Lift Station
10-10-19
Resolution No. 2019-RO386 Contract 15001
STATE OF TEXAS §
COUNTY OF LUBBOCK §
DEVELOPMENT AGREEMENT FOR DESIGN AND
CONSTRUCTION AND REPLACEMENT OF CARLISLE LIFT STATION
This Development Agreement ("Agreement") is entered into this 22n� day of October,
2019, by and between the City of Lubbock, Texas, a Texas home rule municipal
corporation (the "City") and Betenbough Homes LLC. (the "Developer").
WITNESSETH:
WHEREAS, Developer is the developer of certain real property adjacent to 26Th street
and Upland Ave. ("Area"), located within the corporate limits of the City;
WHEREAS, Developer is required, pursuant to Chapter 36 of the Code of Ordinances of
the City, to participate in the construction and design of the Carlisle Lift Station ("Lift
Station");
WHEREAS, a portion of the Lift Station is related to the Developer's ongoing
development of the Area and the Lift Station is in need of a replacement in order to
support development and growth;
WHEREAS, the City and Developer desire that such Lift Station be replaced;
WHEREAS, the City, to realize cost savings due to economies of scale, now desires that
Developer perform such construction of the lift station and that the City shall participate
in the costs of improvements at a level not to exceed thirty percent (30%) of the total
price, in accordance with the Texas Local Government Cod Ch. 212; and
WHEREAS, the City and Developer now desire to enter into this Agreement wherein
City agrees to pay to Developer a portion, not to exceed two hundred six thousand twelve
dollars and 40/100 ($206,012.40) of the costs related to the replacement of the Lift
Station;
NOW, THEREFORE, in consideration of the mutual covenants, premises and
obligations set forth herein, the sufficiency of which is hereby acknowledged, the City
and Developer hereby agree as follows:
SECTION 1 Developer Activities
1.01 Developer shall proceed in a diligent manner to completion of the Lift
Station in accordance with all applicable laws, City of Lubbock Code of
Ordinances, and City of Lubbock policies. Completion of improvements
Development Agreement—Carlisle Lift station—October 2019 Pagel of 6
shall occur on or before February 1, 2020. Completion of the Lift Station
shall not be deemed to have occurred unless and until the City shall has
accepted such improvements as being in compliance with the terms of this
Agreement.
1.02 Developer shall comply with applicable laws related to private
performance of public improvements, including without limitation,
Subchapter C of Chapter 212 of the Local Government Code.
SECTION 2 Cite Participation
2.01 The City shall, subject to the terms hereof, participate in the lift station at
an amount not to exceed thirty percent (30%) of the accepted bid costs
involving engineering, based on the actual bid prices of the lift station. It
is expressly hereby represented and warranted by Developer to City that
the total contract price of this project, including engineering, is six
hundred eighty-six thousand seven hundred eight dollars and 00/100
($686,708.00).
2.02 The City shall pay to Developer the actual bid price amount, as limited
herein, upon completion of the Lift Station, and inspection and acceptance
thereof by the City. It is expressly stipulated that the City shall owe no
fiends to Developer unless and until the Lift Station is completed in
accordance with all laws, City of Lubbock Code of Ordinance provisions,
and City of Lubbock policies.
2.03 Under no circumstance or event shall the participation of the City exceed
thirty percent (30%) of the total contract price contemplated by subchapter
C of Chapter 212 of the Texas Local Government Code. In the event such
participation, as computed and limited herein by the "not to exceed" sum
provided in Section 2.01, above, shall so exceed thirty percent (30%) of
the contract price, the City shall be obligated to pay only thirty percent
(30%) of the contract price, but never more than the "not to exceed" sum
provided in Section 2.0 1,above.
SECTION 3 Performance Bond
3.01 Developer shall execute a Performance Bond for the construction of the
Lift station to insure completion of the project. The bond must be executed
by a corporate surety in accordance with Chapter 2253, Government Code,
State of Texas. The performance bond shall be submitted to the City
Engineer of the City of Lubbock on or before beginning any work on the
Lift Station. In the event such performance bond is not so submitted, this
Contract shall be null and void and of no force and effect.
SECTION 4 Additional Safeguards
Development Agreement—Carlisle Lift station—October 2019 Page 2 of 6
4.01 All of Developer's books and other records related to the Developer's
construction of the Lift Station shall be available for inspection by the City
at the offices of Developer at 6517 82"d St, Lubbock, Texas, upon and
during business hours thereof. Developer shall furnish actual contract
documentation to the City that depicts the actual costs of the lift station
prior to request for payment from the City.
SECTION 5 Term
5.01 The term of this Agreement shall begin on the date of execution of this
Agreement by City and end on February 1, 2020, or upon the complete
performance of all obligations by each party to this Agreement, whichever
occurs first.
5.02 No amendment, modification, or alteration of the terms of this Agreement
shall be binding unless such amendment, modification, or alteration is in
writing, dated subsequent to this Agreement, and duly authorized and
executed by the Developer and the City.
SECTION 6 Indemnit`,
6.01 Developer agrees to defend, indemnify, and hold City, its officers, agents,
employees, and elected officials, harmless from and against any and all
claims, lawsuits, liabilities, judgments, costs and expenses for any harm
for which recovery of damages is sought that may arise out of, be
occasioned by or related to Developer's breach of any of the terms or
provisions of this Agreement.
SECTION 7 Events of Default/Remedies
7.01 A default shall exist if either party fails to perform or observe any material
covenant or obligation contained in this Agreement, or if any material
representation and/or warranty provided for herein is not true or correct.
The non-defaulting party shall notify the defaulting party in writing upon
becoming aware of any event that constitutes a default. Such notice shall
specify the nature of the default and what action, if any, the non-defaulting
party requires or proposes to require with respect to curing the default.
7.02 If a default shall occur and be continuing, after ten (10) days written notice
to cure such default, the non-defaulting party may pursue any and all
remedies it may be entitled to at law, contract, equity, or otherwise,
including without limitation, termination of this Agreement. It is agreed
that failure to declare this Agreement terminated upon the default of
Developer for any of the reasons set forth above shall not be construed as
a waiver of any of the City's rights hereunder or otherwise bar or preclude
Development Agreement—Carlisle Lift Station October 2019 Page 3 ol'6
The parties enter into this Agreement on October 22 , 2019.
CITY OF LUBBOCK: BETENBOUGH HOMES LLC:
DANIEL M. POPE, CHRIS BERRY,
MAYOR Land Planning Manager
ATTEST:
'P tAU-4r,:4.
Reb cca Garza, City Secreta•y
APPROVED AS TO CONTENT:
Michael G. Keenum, .E.,
Division Director of Engineering/City Engineer
1111 Turpin, P.E.,
Assistant City E► , eer of Capital Projects and Design
APPROVED AS TO FORM:
Ili Leisure, Assistant City Attorney
Development Agreement—Carlisle Lift Station—October 2019 Page 6 of 6