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R93-52 12-13-93RESOLUTION NO. R93-52 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH PULTE HOMES DEVELOPMENT CORPORATION OF TEXAS FOR EXTENSION OF WATER UTILITY SERVICE TO THE WlLLOWICK SECTION II ADDITION. WHEREAS, City of Pearland participation in the installation of a twelve inch water main along McLean Road will promote development of the City's water system in accordance with a comprehensive plan, 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 annexed hereto, designated Exhibit "1" hereof and incorporated herein for all purposes by and between Pulte Homes Development Corporation of Texas and City of Pearland for extension of water utility service to the Willowick Section II Addition, is hereby authorized and approved. Section 2. The participation of the City of Pearland shall not exceed $1/4,900, 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/3 A.D., 1993. day o~'~,c ~'~_,-,J_c~ --~," MAYOR ATTEST: APPR .VED AS TO FO DEVELOPMENT AGREEMENT This Agreement is entered into this ,-~ day of December, 1993, by and between the City of Pearland, Texas, (hereinafter "City"), and :Richard :Rue, VP Land Development , Pulte Homes Corporation of Texas (hereinafter "Developer"). WITNESSETH WHEREAS, Developer wishes to develop property which is being platted in the City as the Willowick Section II Addition (hereinafter "Addition"); and WHEREAS, City desires to have said Addition as part of the City; and WHEREAS, Developer requires that public utilities, including 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 acknowledged, it is hereby agreed as follows: The City shall participate in the cost of twelve inch water main installation by the Developer as follows: a.) Along the east side of McLean Road from Fire Road to the' north side of Chrissie Drive, the City's participation shaU be limited to the difference between the cost of an eight inch main and a twelve inch main, as detailed in a proposal labeled, "Exhibit A" and made a part hereof. b.) Along the east side of McLean Road from the south side of Campbell Drive to the rear lot Une of Lot 1, Block 1 (projected westward into the McLean Road right-of-way), the City's participation shall be limited to the difference between the cost of an eight inch main and a twelve inch main, as detailed in Exhibit A. c.) Along the east side of McLean Road from the rear lot Une of Lot 1, Block 1 (projected westward into the McLean Road right-of-way) to the north side of Apple Spring Drive, the City's participation shall be the full cost of installing a twelve inch main, as detailed in Exhibit A. This agreement shall be governed by. the laws of the State of Texas and may be amended or modified only by written agreement signed by both parties. AU improvements installed and constructed by Developer shall be done in a good and .workman Uke manner in accordance with construction plans approved by the City Engineer. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. ~eSglution No. R93-52 is made a part of this Development Agreement. I.n witness whereof, the parties have hereunto set their hands and signatures on the' da~e first above mentioned. PULTE HOMES CORPORATION OF TEXAS: Richard Rue, Vice President of Land Development CITY OF PEARLAND, a Texas municipal corporation ATTEST: , -f' ...... '~'~ \ ~a'C3ones, tary Paul Grohman City Manager ACKNOWLEDGEMENT STATE OF TEXAS § ~-~CL~% COUNTY § Personally came before me this -~ day of December, 1993, the above named Richard Rue to me known to be the person who executed the foregoing Public, My Commission Expires: ACKNOWLEDGEMENT State of Texas ' --'~'4~'"~"~:~&''-JUANITA D. ORSAK , ==,?, ~',~o~ MY COMMISSION EXPIRES ' v,~'.y~s,' April 12, 1997 STATE OF TEXAS § / § ~i>~Tl~ ZOl~/ 4 COUNTY § Personally came before me this ~-~O'/Z day of December, 1993, the above named Paul Grohman to me known to be the person who executed the foregoing State of Texas CONSTRUCTION CO. Exhibit A R O. 80x 1338 December 9, 1993 Stafford, Texas 77497-1338 AC (713) 499-1551 Pulte Homes c/os Municipal Engineering, Inc. 3301 Federal Street Pasadena, Texas ?7504 Attn= Re; Mr. John Garner, P.B. Project Engineer Willowick, Section 2 Dear Mr. Garner: Durwood Greene Construction Co. wishes to advise you that the above referenced project is being delayed because of the waterline problem along McLean Road. We request a quick resolution in order for us to proceed on the concrete paving. Very truly yours, DURWOOD GREENE CONSTRUCTION CO. JLB/cm cc: Construction Master of Houston, Inc. Mr. Robert J. Campbell TOTAL P. 02 P. O. cox 1~38 CONSTRUCTION CO. Stafford, Texu 77497-1338 AC ('/13) 49~1551 # December 9, 1993 lte Homes o: Municipal Engineering Company, Inc. 01 Federal Street sadena, Texas 77504 tn: Mr. John Garner, P,E, PEt Project Engineer WillowiCk, Section 2 Waterllne Routed thr~ Subdivision ar Mr. Garner: rwood Greene Construction Co. requests your change order for the construction a 12" waterline on the above referenced pro~eet as followsz PLE SPRINGS RD. TO PROPERTY LINE TY OF PEARLAND. COST .. . Remove and replace (open cut) Apple Springs Road · 12' P.V.C. waterline · 8" x 12' Tapping Sleeve & Valve &Box Traffic Control LTE HOMES & BOB CAMPBELL COST 8" P.V.C. Waterline · 8' x 8" Tee · 8 * Plug for Tee TY OF PEARLAND - UPGRA~E OH 8' to 12' WATERLINE . Upgrade from 8" to 12' P.V.C. · Upgrade from 8x8 Tee to 12x8 Tee 12" Plug I LS 1,500.00 1,500.00 210 LF 15.42 3,238.20 1 Fa 1,440.00 1,440.00 I LS 4,500.00 _4,500.00 SD'B TOTAT.,s...............$ 10,678.20 150 bF 8.45 1,267.50 1 Fa 127.20 127.20 I Fa 60.00 60.00 SUB TO'JALI..........----*$ 1,454.70 150 LF 6.97 1,045.50 I EA 117.60 117.60 1 F.A 15.00 15.o0 SUB TOTALZ.....-.--.---.-~ 1,178.10 Page 1 of 2 Box 18~8 ,UTH END -PULTE HOlMInS ,_DI__TIONAL COST .. 8" 90° Bend '.. 8' P.V.C, Waterline ;. 8" x 8' Tee |. 8' plug Restore Roadside Ditches CTY OF PEARLAND COST )_ U_,/t'GRAB?_.E ..TO 12" - 90° Bend Waterline x 8' Tee Plug City of Pearland Pulte Homes CONSTRUCTION CO. Stafford, Texas 77497-1838 AO {713} 499-1551 #, 1 EA 92.40 92.40 165 I.,F 8.45 1,394.25 I FI 127,20 127.20 1 F.A 60.00 60.00 I L8 1,000.00 1,000.00 SUB TOTAL: ......... ,.,..,$ 2,673.85 1 EA 169.20 169.20 165 LF 6.97 . 1,150.05 I EA 117.60 117.60 1 :P_A 75.00 75.00 SUB TOTAL: ............... $ 1,511.85 RECAP OF ADDITIOR.AL COST - 13,368,15 - 4,128,55 TOTAL ADDITIONAL COST=,.,$ 17,496.70 lease call if we can be of any further assistance. :c: Mr, Bob 'Campbell Very truly yours, DURWOOD GREE~E CONSTRUCTION CO. Page 2 of 2 TOTAL P. 03