13-26 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 13-26
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER
OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A
MEMORANDUM OF UNDERSTANDING RELATED TO THE
PROPOSED EXPENDITURES FOR A WASTEWATER TRUNK MAIN
TO BE INCLUDED IN FUTURE DEVELOPMENT AGREEMENT,
BETWEEN BLUE STAR LAND, LP, AND THE TOWN OF PROSPER.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Memorandum of Understanding related to the proposed expenditures for a Wastewater
Trunk Main to be included in future Development Agreement, between Blue Star Land,
LP, and the Town of Prosper, as hereto attached.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 26th of March, 2013.
F P
e� ® •• ;�'.O ''sue Ray Smit ,Mayor
ad ap
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ATTEST TO:
906
A.
Harlan Jeffer
Interim Tow cretary
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this _ day of February,
2013, by and between BLUE STAR LAND, LP, a Texas Limited Partnership, ("Blue Star") and the TOWN OF
PROSPER, TEXAS, a Texas home -rule municipality, ("Town").
Blue Star is the owner of approximately 1,650 ± acres of land, situated in the J.H. Durrett Survey,
Abstract No. 350, the Louisa Neatherly Survey, Abstract No. 962, the Collin County School Survey,
Abstract No. 147, John Yarnell Survey, Abstract No. 1038, Ben Renison Survey, Abstract No. 755, and the
Ed Bradley Survey, Abstract No. 86, Town of Prosper, Denton County and Collin County, Texas
("Property") that is currently without wastewater service.
Blue Star desires to proceed with the design of a Wastewater Trunk Main ("Wastewater Facilities")
necessary to serve the Property in order to expedite development thereon.
The proposed Wastewater Facilities are currently located on Town's Capital Improvement Plan and will
ultimately serve other properties owned by third parties in addition to the Property.
Blue Star has received proposals for the design of the Wastewater Facilities from four (4) reputable, as
determined by Blue Star, consulting civil engineering firms licensed to provide engineering design
services within the State of Texas.
With regard to the Wastewater Facilities, Blue Star agrees to be solely responsible for the payment of
any and all fees and expenses associated with the design and construction of the Wastewater Facilities,
including but not limited to, engineering design services, title work, appraisals, acquisition of all
necessary easements (the forms of which must be reasonably approved by Town), expert fees,
reasonable attorney's fees and expenses, engineering fees and expenses, surveying fees and expenses,
permit application fees and expenses and any and all construction costs associated with the Wastewater
Facilities ("Blue Star's Fees and Expenses Obligations").
Town agrees that of Blue Star's Fees and Expenses Obligations, the engineering fees and expenses,
surveying fees and expenses and permit application fees and expenses are eligible for reimbursement,
whether through financial reimbursement or wastewater impact fee credits due on the Property, or a
combination thereof ("Town's Reimbursement/Credit Obligations"), at a future date provided that the
following conditions are met, in addition to any other reasonable and customary condition(s)
determined by Town:
1. Blue Star and Town execute one or more Development Agreement(s) ("Development
Agreement(s)") that include, among other things, the terms and conditions for Blue Star's
design and construction requirements for the Wastewater Facilities and Town's
Reimbursement/Credit Obligations, with Blue Star acknowledging and agreeing that Town's
Reimbursement/Credit Obligations must comply with Chapter 212, Subchapter C, Texas
Local Government Code, as amended.
2. Blue Star satisfies the terms and conditions of the Development Agreement(s).
MEMORANDUM OF UNDERSTANDING (BLUE STAR LAND. LP -WASTEWATER FACILITIES PAGE 1 OF 2
#622000
S. Blue Star shall provide to Town, before incurring the same, Tovvn's Reim buraenne k
Obligations forToxvn's review and agreement, which cannot be unreasonably withheld,
delayed, conditioned or denied, for Blue Star to incur the same in order to be eligible for
Town's Reim bursenoent/Cned\tObligations.
4. Town and Blue Star shall work together in good faith to enter a mutually agreeable
Development Agreement(s) within five (5) years following the execution of this MOU.
Blue Star and Town understand and agree that this MOU does not contain all matters upon which must
be addressed in the Development Agreement(s) in order for the transactions contemplated by this MOU
hereof to be consummated, but this MOU is binding as to the terms contained herein.
Vethe undersigned have read and understand thisN0U.
Town:
Town ofProsper, Texas,
a Texas home -rule municipality
By:
er
Date
Developer
Blue Star Land, D\
aTexas limited partnership
By: Blue Star Investments, \nc,
oTexas corporation
Its: General Partner
Printed Name:
3
MEMORANDUM OF UNDERSTANDING (BLUE STAR LAND. LP -WASTEWATER FACILITIES) PAGE 2 OF 2