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R93-38 10-25-93RESOLUTION NO. R93-38 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH DONALD M. WHITE, TRUSTEE FOR EXTENSION OF UTILITY SERVICE TO THE BLOCKBUSTER ADDITION. 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 "A" hereof and incorporated herein for all purposes by and between Donald M. White, Trustee and City of Pearland for extension of utility service to the Blockbuster Addition, is hereby authorized and approved. Section 2. The City Manager is hereby authorized to execute and the City Secretat~r to attest the annexed contract docmnent and com~terparts thereof. PASSED, APPROVED and ADOPTED this the 02 5' A.D., 1993. day of ~/~"'~ , C.V. MAYOR ATTEST: PAT JONES ~ CITY SECREdRY APPR~CiTY ATTORNEY DEVELOPMENT AGREEMENT This Agreement is entered into this o2 f' day of October, 1993 by and between the City of Peru'land, Texas, (hereinafter "City"), and Donald M. White, Trustee. WITNESSETH WHEREAS, Developer wishes to develop property (hereinafter "Project") which is being platted in the City as the Blockbuster Addition (hereinafter "Addition"); and WHEREAS, City desires to have said Project as part of the City; and WHEREAS, Developer requh'es that public utilities, including sanitary sewer and water, be 'available to the Addition; and WHEREAS, the City and Developer desh'e an agreement to set forth theh' respective responsibilities with respect to the development of this Project. 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 Developer shall contribute to the City one half the cost of extending sanitary sewer service to the northeast corner of the Addition. Said cost is detennined in a written bid from Holland & Holland, Inc. dated October 12, 1993, labeled "Exhibit A" attached hereto and made a pat't hereof~ The Developer at its sole cost, shall install an eight inch sanitm~, sewer main the full length of the 10 feet wide utility easement along the north side of Lot 2-B of the Addition prior to occupancy of any building on Lot 2-B. , The Developer, at its sole cost, shall install an eight inch smfital3z sewel' main the full length of the 10 feet wide utility easement along the noah side of Lot 2-C of the Addition prior to occupancy of any building on Lot 2-C. This agreement shall be governed by the laws of the State of Texas and may be atnended or modified only by written agreement signed by both parties. All hnprovements installed and constntcted by Developel' shall be done in a good and workman like manner. Nothing herein is intended to supersede or waive any City ordinance or regulation peaaining to such construction. In witness whereof, the pat'ties llave heretmto set theh' hands and signatures on the date fh'st above mentioned. DEVELOPER: CITY OF PEA ND, Texas i~nicipal corporation P ro xtan, Ci Manager ACKNOWLEDGEMENT STATE OF dd4x2'o~ § /u COUNTY § Personally crone before me this _c~ '7 foregoing insU~nent m~d ac~owledge the stone. Count, Texas ACKNOWLEDGEMENT Personally came before me this day of to me known to be the person who executed the day of ,1993, the above natned ~NDY K. STANDOR's~r='~s'~~~ Notary Pu~ic, State of Texas Commission Expires 1-11-97 1993, the above natned Q~d.J-lJ,~ ~~ P-4~/ to me known to be the person who executed the foregoing instrmnent and acknowledge the same. Notary Public , Texas My Co~mnission "EXHIBIT A" ~ HOLLAND & HOLLAND, INC. GENERAL CONTRACTORS October 12, 1993 Via Facsimile 485-0370 Mr. Ronny McWhirter Public Works Superintendent City of Pearland P.O. Box 2068 Pearland, Texas 77588 Re: Service Area Southwest of K-Mart across SH 35 Dear Ronny: Please find listed below the work to be performed to service the area southwest of the K-Mart store across SH 35. 1. 8" SDR-26 - 125 If @ $16.00 $2,000.00 2. 8" bore - 90 if @ $79.00 7,110.00 3. Brackets on headwall - 5 @ $200.00 1,000.00 4. 3 manholes - 0-8" @ $1,100.00 3,300.00 5. Connect to existing manhole - 1 ea. @ $200.00 200.00 TOTAL $13,610.00 Should you have any questions regarding the above, please do not hesitate to call. Ve~tr~ly yours, o~don~ M. Swoboda Executive Vice President GMS: draw C: \WP51 \ pEAI~LA/~D\KF~RT, SW 6150 Richmond, Suite 210 · Houston, Texas 77057 · (713) 781-1695 Facsimile (713) 781-2123 iO0 50 0 SCALE: I" PRLD/TEX, INC FNO. 5/8" I.R. l-- Ld LU n- Z ,::[ 1' I'- n- O Z FNO. V2" w. ORANGE STREET UNITED REALTY GROUPt L,P. COMMON AREA / I //"' (SEE NOTENO.?} 2 IOO' BENCH MARK: Motes: 1. There, 2. Tb,lm det~rr tOT pro~e-' Cona, 1 3. Any de 4. Drs'*~z 5. Peruz erecte floe 6. All ~ dle',r; mal_~t~ No. :' 9. Thj,- FINAL PLAT BLOCKBUSTER"' :';ADDITION