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R96-65 12-17-96RESOLUTION NO. R96-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PEARLAND PLAZA PARTNERS, A TEXAS GENERAL PARTNERSHIP, FOR OVERSIZE CONSTRUCTION OF A WATER MAIN AND SANITARY SEWER FACILITIES TO SERVE A SHOPPING CENTER SITE AND OTHER PROPERTIES IN THE VICINITY OF THE INTERSECTION OF BROADWAY (FM 518) AND OLD MANVEL ROAD (FM 1128) AND CONCRETE PAVEMENT OF A THOROUGHFARE EXTENDING INTO THE SITE. WHEREAS, Pearland Plaza Partners ("Partners") plan to construct water and sanitary sewer facilities necessary for the City to provide water and sanitary sewer services to their Shopping Center Site ("Site") located at the intersection of Broadway (FM 518) and Old Manvel Road (FM 1128) and to dedicate said water and sanitary sewer facilities to the City of Pearland (City) for operation and maintenance; and WHEREAS, Partners plan to construct a road from Broadway northward into their Site, said road being designated on the Thoroughfare Plan of the City as a thoroughfare with a right-of-way, 1 20 feet in width, said right-of-way Partners have dedicated by subdivision plat; and WHEREAS, City desires to cooperate with Partners and provide water and sanitary sewer service to Partners' Site, and at the same time, increase and improve City's capacity to serve other properties in the vicinity of the Site; and WHEREAS, City desires to implement its Thoroughfare Plan through participation with Partners in the paving of the road extending into the Site; and RESOLUTION NO. R96-65 WHEREAS, City and Partners desire an agreement to set forth their respective responsibilities with regard to providing water and sanitary sewer service and public access to the Site; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement, a facsimile of which is attached hereto, designated Exhibit "A" to Resolution No. R96-65 hereof and incorporated herein for all purposes, by and between the City of Pearland and Pearland Plaza Partners for oversize construction of a water main and sanitary sewer facilities to serve a shopping center site and other properties in the vicinity of the intersection of Broadway (FM 518) and Old Manvel Road (FM 1128) and concrete pavement of a thoroughfare extending into the site, is hereby authorized and approved. Section 2. The City Manager is hereby authorized to execute, and the City Secretary to attest, the attached agreement and counterparts thereof. PASSED, APPROVED and ADOPTED this the/~--~day of~, A.D., 1996. ATTEST: Y(~L,~NDA C. BENITEZ CITY SECRETARY TOM REID MAYOR 2 RESOLUTION NO. R96-65 APPCVED AS TO FORM: AMY' MONTES McCULLOUGH 0 CITY ATTORNEY 3 DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION R96-65) This Agreement is entered into this ~ay of ~'6~:~rU. ar~ , 19 ~? , by and between the CITY OF PEARLAND, TEXAS, (hereinafter-"City"), anEJ ~-EARLAND PLAZA PARTNERS, a Texas general partnership (hereinafter "Partners"). WHEREAS, Partners plan to construct water and sanitary sewer facilities necessary for the City to provide water and sanitary sewer services to their Shopping Center Site (hereinafter "Site") located at the intersection of Broadway (FM 518) and Old Manvel Road (FM 11 28) and to dedicate said water and sanitary sewer facilities to the City for operation and maintenance; and WHEREAS, Partners plan to construct a concrete curbed and guttered street from Broadway northward into their Site, said street being designated on the Thoroughfare Plan of the City as a thoroughfare with a 1 00 foot wide right-of-way, said right-of-way Partners have dedicated by subdivision plat; and WHEREAS, City desires to cooperate with Partners and provide water and sanitary sewer service to Partners' Site, and at the same time, increase and improve City's capacity to serve other properties in the vicinity of the Site; and WHEREAS, City desires to implement its Thoroughfare Plan through participation with Partners in the paving of the street extending into the Site; and WHEREAS, City and Partners desire an agreement to set forth their respective responsibilities with regard to providing water and sanitary sewer service and public access to the Site. WlTNESSETH: 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' Partners agree to construct a sixteen inch (1 6") water main and sanitary sewer lift station and force main to serve the Site and surrounding properties, with the understanding that a ten inch (1 0") water main and sanitary sewer lift station and force main is needed to serve the Site only. Actual construction costs shall be determined by competitive, line item bids to be provided by Partners, and reviewed by the City Engineer to compare said bids to recent construction costs experienced by City. The City agrees to reimburse Partners for the cost of oversizing said water main and sanitary sewer lift station and force main to serve the Site and surrounding properties as follows' (a) City reimbursement for oversizing the water main shall be limited to the lesser of actual construction costs or the cost estimate labeled "Exhibit A to the Agreement" attached hereto and made a part hereof. (b) City reimbursement for oversizing sanitary sewer facilities shall be limited to actual construction costs not to exceed $15,000.00. (c) Reimbursement by City to Partners shall be made monthly based on contractor payment requests approved by both Partners' project engineer and the City Engineer. Partners agree to construct a four lane concrete curbed and guttered thoroughfare through the Site in accordance with City specifications. City agrees to reimburse Partners for the cost of paving two lanes of the four lane thoroughfare to be constructed by Partners through the Site. City reimbursement for paving shall be limited to the lesser of actual construction costs or the cost estimate labeled "Exhibit B to the Agreement" attached hereto and made a part hereof. Actual construction costs shall be determined by competitive, line item bids to be provided by Partners, and reviewed by the City Engineer to compare said bids to recent construction costs experienced by City. City reserves the right to reject any and all bids for the construction of a sixteen inch (16") water main and/or concrete paving if construction costs exceed those in Exhibit A and/or Exhibit B in the event Partners decline to fund the shortfall. The initial term of this Agreement shall be for a period of one (1) year, commencing on the ,~.'~day of ~rU,~,r-~,,, 19 ~'~, and terminating on the ~_L~day of ~:-~1o~-u_a~.~, 19.?J>', at wh]'c2h time--~his agreement may be automatically renewed in one (1) year increments contingent upon need and the necessary funds being appropriated for said project in accordance with the City's annual budgeting process. This agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 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. 2 10. 11. 12. 13. 14. 15. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 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. This agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. Resolution No. R96-65 is incorporated herein and made a part of this Development Agreement for all purposes. To accomplish execution of this agreement, it may be executed in multiple counterparts. PARTNERS HEREBY RELEASE, ACQUIT, AND FOREVER DISCHARGE 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 PARTNERS, ITS HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS AS A RESULT OF THE CONSTRUCTION BY PARTNERS OF THE WATER AND SANITARY SEWER FACILITIES AND THOROUGHFARE REFERENCED ABOVE, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. PARTNERS 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 OR RESULTING FROM THE NEGLIGENCE OF PARTNERS, THEIR AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS ARISING IN CONNECTION WITH SUCH CONSTRUCTION BY PARTNERS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS AGREEMENT. 3 In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. ATTEST: 'nte idmY (~it~a~(~rc ret a~-ry PEARLAND PLAZA PARTNERS, a Texas.General Partnership Managing General Partner CITY OF PEARLAND, a Texas municipal corporation By: L'Paul Grc~hman City Manager 4 STATE OF CALIFORNIA § § COUNTY OF LOS ANGELES § CONNIE BUSTAMANTE Commission # 109178? Notow Public -- Cal~orn~ LOS Angeles Coun~ Comm. Expires Mar 21, ~ This instrument was acknowledged before me on this ~/~-~/' day of ar n~e~s ,19 9'/ , by Elliot Megdal, Managing General Partner of Pearland Plaza P , a Texas general partnership, on behalf of said partnership. Notary Public, State of Cali£oz-n±a My Commission Expires: 3/21/00 STATE OF TEXAS BRAZORIA COUNTY This instrument was acknowledged before me on this ~"~A' day of F-6L~-~o~¢-~ , 19 c/7 , by Paul Grohman, City Manager of the City of Pearland, a Texas home rule municipality, on behalf of said municipality. N!tarY~Ost/~ai~ of Texas My Cor;nmis,sion Expires' 5 EXHIBIT "A" TO THE AGREEMENT 2 3 $ 7 10 ~2 CONSTRUCTION COST ESTIMATE FOR t6" WATER LINE EXTENSION Albertson'~ ~ FM SiS & Max Road, Pearland, Texas tR' PVC, (nR l&)Water[Jne' ' LF, '$ (Oran Cm) _ (Auger) 1~' Pvc (DR !8) Water [.~ L.F. $ 20.00 (Ope~ cut) 12" PV¢ (OR {8) Wate~ Une L.F. $ 3~.00 8" PVC (DR le) Watw I,~e LF. $ 8' PVC (DR 18) WaterLine L.'~. $ 32,00 16' c.~ate Valve & ~ox EACH 2~.00 1.041 1 ~136 929 1,208 950 5~64 120 326 446 10 10 20 10 60 $ 2,500.00 5 ~ 1 16'x16"Cr~ EACH -~ 9(30.00 t '~8'x6-'Cr~s EACH $ 65o, o0" 1~' ~g' Cross EACH $ 825.00 1~ PI~ & Cramp ~CH $ 3~.~ L.F. $ ~,~ t ,10t 10 1 1 1 2 3 3 2 1 - -'170 2 2 3 2 1 10 1,238 970 $.444 8~OTAL TOTAL R:~21596013~COST~VL~J.$ 11/6F:J6 EXHIBIT 'IA" TO THE AGREEMENT'~ CONSTRUCTION COST E~TIMATE FOR 10" WATER LINE EXTENSION (Open C,=). 2 10' PV¢ (OR 18) Water Line Albertson's {~ FM 5t8 & Max Road, Pearland, Texas I F" $ 1800 1.001" 1/13~' 929 1.208 950 5:~:24' $' L.F, $ ~4.00 120 32~ 446 $ LF. $ "16:00 10 10 $ L,F, $ ~,oo . $ EArN $ 725.00" 1 1 ~ 4 ....... 7 i -" EACH $ ,~0,00 1 - I $ 7 10"X6" Cn~s .... EACH 8 iO"x 8" Tee 10" Plu9 & ~lamp R" P'n~g & Clamp EACH $ 166.00 1 1 $ EACH ~ 150.00 '- -I" ~ $ tl 12' x 10" Reduger 12 2~ ~1owoffAssemb/y EACH * 1'he d~,,'e~er to be respon~ A~r_l 17, 199~ meefi~ __ L.F~ $ 1.oo 1 I $ - ' ' eo$ 99 44 45 2 2 3 I,~1 1,168 .... 959 92 28O $ 2 1 2 $ SUBTOTAL CONTINGENCY (10%) TOTAL ~.032' 15,164 160 ' 5,07 7O0 166 7,200 28,000 5,,334 R :~,1596013~COST~WL10.X[JS 11/6FJ6 FM 1128 EXTENSION Proprosed Paving (615 LF) Preliminary Cost Estimate EXHIBIT "B" TO THE AGREEMENT~'~, ITEM DESCRIPTION UNIT UNIT COST CITY OF PEARLAND CONSTRUCTION cOST FOR 2-12' LANES 1 Prepare R.O.W. AC. $ 1,500.00 2 Excavation of Roadway C.Y. $ 2.75 3 Embankment (Density Controlled) C.Y. $ 3.00 Type C, Class 3 4 Cell Fiber Mulch Seed (Final) S.Y. $ 0.20 5 Vegetative Watering M.G. $ 18.00 6 Lime Treatment for Subgrade S.Y. $ 1.10 (Density Controlled, 6") 7 Lime (Type A)(6%) TON $ 100.00 8 Concrete Pavement (7" Joint Reinforced) S.Y. $ 22.00 9 Structural Excavation (Small Culvert) C.Y. $ 2.60 10 Cement Stabilized Backfill C.Y. $ 28.34 11 Trench Excavation Protection L.F. $ 2.20 12 Reinforced Concrete Pipe - 18", Class I11 L.F. $ 42.60 13 Reinforced Concrete Pipe ~ 24", Class III L.F. $ 49.50 14 Precast Curb Inlet - Type A EACH $ 2,685.00 15 Precast Inlet - Type 1 EACH $ 2,000.00 16 Precast Manhole EACH $ 1,770.00 17 Safety End Treatment EACH $ 607.50 18 Mobilization US. $ 5,000.00 19 Concrete Curb (6" With Dowels) L.F. $ 6.50 20 Small Roadside Sign EACH $ 300.00 21 Reflective Pavement Markings L.F. $ 1.00 22 Pavement Surface Preparation For Markings LF. $ 0.25 23 Sawed Joints (20' Spacing) L.F. $ 2.20 24 Erosion Control Fence L.F. $ 2.50 25 Remove Erosion Control Fence L.F. $ 2~50 QUANTITY 0.7t 680 75 1,575 18 1,875 26 1,792 1 1,137 2 160 160 738 750 750 SUBTOTAL $ December 4, 1996 PGAL 2'15-96013 COST 1,065.00 1,870.00 225.00 315.00 324.00 2,062.50 2,600.00 39,424.00 5,000.00 7,390.50 600.00 160.00 40.00 1,623.60 1,875.00 1,875.00 66,460 Page 1 FM 1128 EXTENSION Proprosed Paving (615 LF) Preliminary Cost Estimate EXHIBIT "B" TO THE AGREEMENm", ITEM DESCRIPTION UNIT UNIT COST QUANTITY DEVELOPER CONSTRUCTION COST FOR 2-12' LANES & DRAINAGE IMPROVEMENTS 1 Prepare R.O.W. AC. $ 1,500.00 0.71 $ 2 Excavation of Roadway C.Y. $ 2.75 650 $ 3 Embankment (Density Controlled) C.Y. $ 3.00 70 $ Type C, Class 3 4 Cell Fiber Mulch Seed (Final) S.Y. $ 0.20 1,440 $ 5 Vegetative Watering M.G. $ 18.00 17 $ 6 Lime Treatment for Subgrade S.Y. $ 1.10 1,800 $ (Density Controlled, 6") 7 Lime (Type A)(6%) TON $ 100.00 24 $ 8 Concrete Pavement (7" Joint Reinforced) S.Y. $ 22.00 1,648 $ 9 Structural Excavation (Small Culvert) C.Y. $ 2.60 471 $ 10 Cement Stabilized Backfill C.Y. $ 28.34 174 $ 11 Trench Excavation Protection L.F. $ 2.20 703 $ 12 Reinforced Concrete Pipe - 18", Class Ill L.F. $ 42.60 433 $ 13 Reinforced Concrete Pipe - 24", Class III L.F. $ 49.50 270 $ 14 Precast Curb Inlet - Type A EACH $ 2,685.00 6 $ 15 Precast Inlet - Type 1 EACH $ 2,000.00 $ 16 Precast Manhole EACH $ i ,770.00 1 $ 17 Safety End Treatment EACH $ 607.50 2 $ 18 Mobilization L.S. $ 5,000.00 1 $ 19 Concrete Curb (6" With Dowels) L.F. $ 6.50 947 $ 20 Small Roadside Sign EACH $ 300.00 2 $ 21 Reflective Pavement Markings L.F. $ 1.00 160 $ 22 Pavement Surface Preparation For Markings L.F. $ 0.25 160 $ 23 Sawed Joints (20' Spacing) L.F. $ 2.20 738 $ 24 Erosion Control Fence L.F. $ 2.50 750 $ 25 Remove Erosion Control Fence L.F. $ 2.50 750 $ $ SUBTOTAL December 4, 1996 PGAL 215-96013 COST 1,065.00 1,787.50 210.00 28800 306.00 1,980.00 2,400.00 36,25600 1,224.60 4,931.16 1,546.60 18,445.80 i 3,365.00 16,110.00 1,770.00 1,215.00 5,000.00 6,155.50 600.00 160.00 40.00 1,623.60 1,875.00 1,875.00 120,230 Page 1 #2745 NEC FM 518 & FM 1128 Pearland, TX 2/20/97 PETITION FOR ANNEXATION Albertson's, Inc. and Pearland Plaza Parmers, are the owners of the real property more particularly described as follows: The owners of the property described above hereby request that the City of Pearland ("City") annex the Property into the City pursuant to Title 2, Section 43.028, Local Government 1 G:\CLIENTkOOO13\270\PETITION.01 Code, Municipal Boundaries & Annexation. The Property is part of a Shopping Center to be jointly developed by Albertson's and Pearland Plaza Parmers. The remainder of the Shopping Center is already a part of the City. Albertson's and Pearland Plaza represent that the Property is less than one-half mile in width, is contiguous to the City limit and fewer than three qualified voters reside on the Property. Respectively submitted by the undersigned. Date: 3 i~'lfi '7 Albertson's, Inc., a Delaware corporation William H. Arnold Vice President, Real Estate Law Date: Pearland Plaza Partners, a Texas general partnership BY: Elliot Megdal and Associates, a California general partnership, General Partner "~ f~ot Meg~ene By: ~ ' ral Partner 'Date: BY: Inland Development Company, a Texas corporation, General Parmer Thomas DeCicco, President G:\CLIENT\OOO13\270\PETITION.01 STATE OF IDAHO ) ) SSo County of Ada ) On this ~ day of /]~,tUtc~,_, 1996, before me,.~~J ~,known , a N~-tary Public in and for said State, personally appeared William H. to me to be Vice President, Real Estate Law of Albertson's, Inc., the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate first above written. ~.f~r t13e(. State oxx'~-;~ f/Idaho Residing at '~X~ My Commission Expires 3 G:\CLIENT\OOO13\270\PETITION.01 STATE OF TEXAS ) ) SSo County of Harris ). On this ~ day of December, 1996, before me a notary public in and for said state, personally appeared Elliot Megdal, known or identified to me to be General Parmer of Elliot Megdal and Associates, a California general parmership, which is a General Parmer of Pearland Plaza Partners, a Texas general parmership, and the parmer or one of the parmers who subscribed said parmership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Texas Residing at My commission expires STATE OF TEXAS ) ) SSo County of Harris ) On this ~/'i day of Doeember, 197j~, before me ~"' J~ ~ ~ ~/~rTol~ , a no~ public in ~d for s~d state, personflly appe~ed Thomas DeCicco, ~o~ or idemified to me m be President of Ired Development Comply, a Tex~ cocoration, w~ch is a Generfl P~er of PeaHand Plaza Pa~nem, a Texas general p~ers~p, ~d the p~ner or one of the p~ers who subscribed s~d p~ers~p nine to the foregoing ~ent, ~d ac~oMedged to me ~at he executed ~e sine ~ said p~ershp nine. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Texas Residing at My commission expires RICHARD P WHARTON My Commission Expires February 28, 2001 4 G:\CLIENT\00013\270\PETITION.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cali£ornia County of Los Angeles On March 7, 1997 before me, Connie Bustamante, Notary Public, Date Name and Title of Officer (e.g., "Jane Doe, Notan/Public") personally appeared Ell±or Megdal , Name(s) of Signer(s) 1~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Publio OPTIONAL I Though the information below is not required by law, i! may prove valuable to persons relying on the docurnen! and could prevent fraudulent removal and reat!achment of this form !o another doournent Description of Attached Document Title orType of Document: Petition for Annexation Document Date: February 20, 1997 Number of Pages: 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Elliot Megdal Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact E~ Trustee [] Guardian or Conservator I~ Other: Top of thumb here SignerlsRepresenting: Elliot Megdal and Associates Signer Is Representing: © 1995 National Notan/Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184Prod. 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