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R94-66 12-12-94RESOLUTION NO. R94-66 ARESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH R & S LAND COMPANY FOR OVERSIZING OF A SANITARY SEWER LIFT STATION WET WELL IN THE COBBLESTONE ADDITION. WHEREAS, City of Pearland participation in the sanitary sewer lift station wet well will promote development of the City's sewer system in accordance with a comprehensive plan. NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement, a facsimile of which is annexed hereto, designated Exhibit "A" hereof and incorporated herein for all purposes, by and between the City of Pearland and R & S Land Company for oversizing of a sanitary sewer lift station wet well in the Cobblestone Addition, is hereby authorized and approved. Section 2. The participation of the City of Pearland shall not exceed $5,000.00, said funds to be allocated from the Enterprise (Water and Sewer) Fund. Section 3. The City Manager is hereby authorized to execute, and the City Secretary to attest, the annexed agreement and counterparts thereof. PASSED, APPROVED, and ADOPTED this the/~day o ~~_~/ A.D., 1994. C.V COPPi MAYOR ATTEST: APPRO D ASI TO FOT:~j JUN 02 ' 95 11: 13 No. 005 P- 02 ~, CZTY OF pE~RL~ND ID :7~4185-876~ DEVELOPMENT AGRP-F. MENT (EXHIBI'r A) This Agreement is entered into this _ /r~ ~ day of December, 199~, by and between the City of Pear/and, Texas, (herejnafter "City"), and 3ames Mortell, vice President, R & S Land Company (hereina~ter "Developer"). W1TNBSSETH WHEREAS, Developer wlshes to develop property which is being platted in the City as the Cobblestone Addition (hereinafter "Addition"){ and WHEREAS, City desires to have said Addition as part of the City; and WHEREAS, Developer requires that public utilities, ineludlng sanitary sewer and water, be available to the Addition; and WHEREAS, the City and Developer desire an agreement to set forth their respective responsibilities with respect to the development of this Addition. NOW THEREFORE, In consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby aoknowledged~ It is hereby agreed as follows: The City shall par~c/pate in the cost of oversizing the wet welt for the sanitary sewer Lift station from eighty iour Inches (8½") to ninety six inches (96") at a cost not to exceed This agreement shall be governed by the laws o~ the State of Texas and may be amended or modified only by Written agreement signed by both parties. All improvements installed and constructed by Developer shall be done in a good and workman Hke manner in accordance with construction plans approved by the City Engineer. Nothing herein is intended to supersede or waive any City ordinance or regulution pertaining to such construction, Resolution No. Rg~-../~ ~ is made a part oi this Development Agreement. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. R & S LAND COMPANY: 06/02/95 11:11 TX/RX NO.1976 e.002 I CITY OF PEARLAND ID:71~-485-8764 /.-,.,,, ]UN 02"'95 11:14 No.DOS P .0~ Development Agreement cent, Page CITY OP PE,~__~LAND ~pal.corporation P~~ty~Ma~ager ....... ATTEST: ACKNOW LEDGEBENT STA P- OF TEXAS § · . COUNTY § Personally came before me this day of December, J99/~, the above named 3ames Morteli to me known to be the person who executed the foregoing ACKNOWLEDGEMF. NT STATE OF TEXAS § /L -Z~ COUNTY § Petscharily came be,~ore me this Public, State of Tens , ' .~.~,.,.,,.,,,..... . ~ .... MY CO~I~I~ BRRE8 ' =~ May 21, 1~ day of December, 1994, the above named Paul Grohman to me known to be the person who executed the foregoing ns u . .. . -~ . _ Notary public, State of Texas My Commission ExplreS:L ,~-~ -t-'~J'%"- ¢~ ? 06/02/95 11:11 TX/RX NO.1976 P.003 I