R93-24 05-10-93RESOLUTION NO. R93-24
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
DEVELOPMENT AGREEMENT WITH CONTINENTAL 34 COMPANY, INC. FOR
EXTENSION OF UTILITY SERVICE TO THE K-MART SUPER CENTER PEARLAND
ADDITION AND A CHANGE ORDER TO BID NO. B92-15 IN AN AMOUNT NOT TO
EXCEED TWENTY FIVE PERCENT OF THE ORIGINAL BID.
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 Continental 34 Company, Inc.
and City of Pearland for extension of utility service to the K-Mart Super Center Pearland Addition,
is hereby authorized and approve&
Section 2. The City Manager is hereby authorized to execute and the City Secretary to attest the
annexed contract document and counterparts thereof.
Section 3. That a Change Order to Bid No. B92-15 in amount not to exceed twenty five percent
(25%) of the original bid ($355,387.00) of Holland & Holland, Inc. is hereby authorized and
approved.
PASSED, APPROVED and ADOPTED this the
A.D., 1993.
/O
dayof
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
LESTER G. RORICK.
CITY ATTORNEY
DEVELOPMENT AGREEMENT
This Agreement is entered into this X 3 day of May, 1993 by and between the City of
Pearland, Texas, (hereinafter "City"), and Continental 34 Fund Limited Partnership, by
Continental 34 Company, Inc., its General Partner (hereinafter "Developer").
WITNESSETH
WHEREAS, Developer wishes to construct a shopping center (hereinafter "Project") on a
portion of land which is being platted in the City as the Kmart Super Center Pearland
Addition (hereinafter "Addition"); and
WHEREAS, City desires to have said Project 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 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 will construct a store in the Addition in accordance with the rules,
regulations, codes, and laws of the governmental entities governing such
improvements.
The Developer will have an engineer design a 12" gravity flow sanitary sewer system
to extend from the intersection of Galveston and Plum Streets to the southwest
corner of Lot B in the Addition (the "System") as shown on Exhibit "A" attached
hereto and made a part hereof. Said engineer will provide design criteria to the City
by May 25, 1993.
Developer shall contribute to the City a total of $25,000.00, including all tap, access,
or user hookup fees, within forty-five (45) days from the completion of the sanitary
sewer project.
The City, at its sole cost, shall install and provide a gravity flow sanitary sewer system
(the "System") to the Addition as shown on Exhibit "A". The City shall complete the
System and connect the fully operational System to the Continental sewer line on the
Property by September 1, 1993. In the event that the System shall not be completed
by September 1, 1993 the City shall fully cooperate with Developer in obtaining the
required approvals for, maintaining and operating, (until the System is fully
May 12, 1993 I
operational) a temporary system and related facilities with sufficient capacity to
handle the sanitary sewer output from the Project.
®
The Developer shall install and provide the portion of the System from the manhole
to be installed by the City in the 20' utility easement on the south side of the
Addition as referenced in Exhibit "A" to the manhole in the 10' utility easement at
the southwest corner of Lot B in the Addition as referenced in Exhibit "A". The
Developer shall complete this portion of the System and connect it to the portion of
the System installed by the City by within sixty (60) days of the completion of the
City's portion of the System.
The City shall reimburse the Developer the cost to oversize the portion of the System
constructed by the Developer ("Oversized Reimbursement"). The oversized
reimbursement shall be the difference between the cost to install an 8 inch sewer line
and the cost to install a 12 inch sewer line, based on the unit prices of Holland &
Holland, Inc. in the City's bid no. B92-15, as shown on Exhibit "B" attached hereto
and made a part hereof. The oversize reimbursement to Developer for such
oversizing shall be paid within forty-five (45) days of the completion of developer's
installation.
Developer shall be responsible for installation of an additional traffic signal, as
shown on Exhibit "C", but shall not be responsible for maintenance including, but not
limited to, paying for electricity.
The City shall allow Developer street access to State Hwy 35 as shown on attached
Exhibit "C'.
Developer's and City's performance of the agreement is conditioned upon Developer
going forward with the Project.
10.
With respect to the performance of all obligations and deadlines stated herein, time
is of the essence.
11.
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.
In witness whereof, the parties have hereunto set their hands and signatures on the date first
above mentioned.
May 12, 1993
2
DEVELOPER:
Continental 34 Fund Limited Partnership
By: Continental 34 mpany, Inc., General Partner
· hl m r
CITY OF PEARLAND, a Tex_~_ak~unicipal corporation '
By: P a / ~ "'"
By:
ACKNOWLEDGEMENT
STATE OF WISCONSIN )
)SS
MILWAUKEE COUNTY )
Personally came before me this {~_z2)~-~L_ day of May, 1993, the above named
Jame Schloemer to me o o be t erson who executed the foregoing instrument
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My Co~ssion e~ires: ~ , ~
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May 12, 1993 3
ACKNOWLEDGEMENT
STATE OF ~ff~ ~SS
Pers ally a e be ore me this/~,~ ~L '
to me ~o~ to be t~erson __ who exerted the foregoing instrument and acknowledge
Document Drafted By:
W.D. Hausmann, Attorney
825 North Jefferson, Suite 200
Milwaukee, WI 53202
May 12, 1993 4
MAIN
HOUSTON
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35
............. _e' WjR__ __ __ __
~000 1900
Lr/!~ e3 IS 19 t7 t5 t3 U FI e7 15 e3 It
SAN. :$EV, .............
m
8000 GALVESTBN E:O00
8 I~ 8
2100
me u es_z4_,--/s~tm Lm mL~,_mm
~000 ISLA 8000
erda ~ u
8000 CHERYL DR. --I
CITY SERVICE CENTER
A
I ~ nCENTRAL FIRE STATIDN
Z, .... ,~000
Lo_Z V_,ITR.__ .....
- By Developer
BID TABULATION
CITY OF PEARLA~D ~
SANITARY S~4ER IXPRO~S -
BIDS OPENED DECIEX~ER ,o, 1992
BID NO. B92-~5 (WEI NO. 92-34)
'
XATFIELD - O' DAY S~RVICIE
2:00
Bid U~/t Total *
per plans) (o.-e.) zz
(6'-0') IZ
, (8'-10') ~
(10'-12') ZZ
per rl.,~'s) (o'-e')
(6'-.a')
(8'-10')
4. U' ~ (sir 26 GraY"It",/P/pe),
Z::.zr ;Uans)
5. 2S" F~ L'S~p- 26 Ck'-a'~d.t'y P'lpe),
;,,.r tUar, s) (6,-e,)
(8
(12'-:].4
6. 18" ~ (SZ:Z~ 26 Gr"avity' Pipe),
per plans)
7. 8" ~ (m:R 26 Gravity
ZksTb:rd.~
8. 10" PgC (SI:Z~ 26 Gravity
Fill Bore Z~ole ',riU~
Sentc~Lte (~lJ. dq~J~s)
12= S'~ (SZ~ 2S Gz-~vitl,
~rr,.ad. te (~J.1
4O2
344
675
766
383
926
81
1 $75,000.00 $75,000.00
7O
205
2O
15.00 6,030.00
15.50 5,332.00
16.00 lS,464.00
16.50 9,669.00
21.75 8,330.25
23.00 21,091.00
24.00 22,224.00
27.00 2,187.00
5 100.00 500.00
79.00 5,530.00
101.00 20,7()5.00
124.00 2,480.00
a/d
r F,~ (Sr:R :26)
Xainin~k'r'A,-~k4Bc='~,
Ffi.1. ~ Pa:~le wir, h,
Berma'd~.
.13. 6" - 45' eerrl EA
14. 4e - 45' Ber~ EA
15. 6w x 4* l~w-,-r EA
16. S'~. 8~ DeFth~le EA
17. ExU-a Cs~Xh ~lar~x~le r;
ls. Servic~ Ccnrzc~c~
aS. ~CaXXK:~:tCW~(Z,~) m
2.2, 8'* ;t:nb(Xlt: ~
24. 4JXwEh Safe~ LF
108.00 3,240.00
13.00 3,432.00
30 80.00 2,400.00
2 172.00 344.00
3 ]56.00 3a2.00
I 162.00 162.00
33 1,100.00 36,300.00
?0 1DO. O0 7,000.00
26 1O~.O0 2,730.00
11 eX).O0
36 1~.00 5,760.00
50 25.00 1,250.00
3 600.00 1,800.~0
1 2,0C~.00 2,000.00
2. b'cra
3.
4.
(unsk'lmmed) 1'~ lit'. 15 $13.00
(skimmed) Wan wr.
Em'h'-', (~) C~ 30 30.00
E~ra ~,~c~a, 3,000 psi
6. ~ (::l'ushsd ~=AcUl
7. ~.t:raStabtlize~Sard
CY lO 100. O0
LB 40 1.00
CY 20 25.00
CY 10 15.00
$180.00
225.00
600.00
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