HomeMy WebLinkAboutDevelopment Agreement i
DEVELOPMENT AGREEMENT
This Agreement is entered into this the Z5 4i day of lea reA 1996,
by and among the CITY OF COLLEGE STATION, TEXAS, a Texas Home-Rule
Municipal Corporation (hereinafter referred to as the "City"), LACOUR
INVESTMENTS, a Louisiana Limited Partnership (hereinafter referred to as "LaCour"),
and SCC DEVELOPMENT, LTD., a Texas Limited Partnership, or its assigns,
(hereinafter referred to as "SCC").
WHEREAS, LaCour is the owner of a certain 4.339 acre tract and a certain 7.891
acre tract, both in the Morgan Rector League, Brazos County, Texas, and being more
fully depicted and described in the revised, proposed preliminary plat for LaCour
Subdivision, Phase One, attached hereto as Exhibit "A", incorporated herein by reference,
and hereinafter referred to as the "Preliminary Plat".
WHEREAS, LaCour has proposed to sell, and SCC has agreed to buy, the 4.339
acre tract, denominated as, and hereinafter referred to as, "Lot One" on the Preliminary
Plat.
WHEREAS, the City is interested in acquiring, by dedication, sufficient right-of-
way for a future extension of Kyle South Street.
WHEREAS, SCC has agreed to grant the City a thirty foot (30') wide "Private
Access Easement" through Lot One, running from the most southerly corner of Lot One
north and west through Lot One to Harvey Road and as on the Preliminary Plat.
WHEREAS, SCC has also agreed, upon certain conditions, to grant Austaco, Inc.,
the owner of property adjacent and to the west of Lot One, a thirty foot (30') wide
"Private Access Easement" through Lot One, said easement being directly parallel with
and adjacent to that portion of the most westerly property line of Lot One that is also the
most easterly property line of Austaco, Inc. and overlapping a portion of the City's thirty
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foot (30') "Private Access Easement" described above, and all as shown on the
Preliminary Plat.
WHEREAS, LaCour owes a significant amount of property taxes on both Lot One
and the 7.891 acre tract, and LaCour is unable to pay those taxes prior to selling the
properties and is thus unable to comply with City ordinance No. 1816, codified in the
City's Code of Ordinances at Chapter 9, Section 6-D.4.4, which requires developers
seeking approval of a new subdivision plat to submit certificates from all taxing
authorities showing payment of all ad valorem taxes on the property.
WHEREAS, LaCour and SCC desire to comply with the City's Wolf Pen Creek
Zoning Ordinance in other respects and have elected to comply with said ordinance by
dedicating to the City the minimum reservation area required by Section 7.21D of the
Zoning Ordinance, and as shown on Exhibit B.
NOW, THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties hereby agree
and covenant as follows:
1. LaCour agrees and does hereby donate to the City the 5.100 acre tract, as
depicted on the Preliminary Plat and hereinafter referred to as the "Wolf Pen Creek
Dedication".
2. LaCour agrees to and shall dedicate to the City a thirty-five foot (35') wide
right-of-way (approximately 0.094 acres) for the extension of Kyle Street South
(hereinafter referred to as the "Kyle Street South Dedication") from the southernmost
property line of the Wolf Pen Creek Dedication south to the southernmost property line of
the "Reserve Tract for Future Development" (hereinafter referred to as the "Reserve
Tract"), all as depicted on the Preliminary Plat.
3. LaCour and SCC agree and do hereby dedicate to the City a strip of land
out of and along the southeast property line of Lot One. Said strip of land being twenty
wow.
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feet (20') wide, containing .295 acres, and as shown on the Preliminary Plat. This
dedication is being made in compliance with, and fulfillment of, the requirements of the
Wolf Pen Creek Zoning Ordinance.
4. SCC agrees to and shall grant the City and LaCour a thirty foot (30') wide
"Private Access Easement" for maintenance and engineering purposes through Lot One,
running from the most southerly corner of Lot One north and west through Lot One to
Harvey Road and as depicted on the Preliminary Plat. In addition, SCC agrees that in the
event Austaco, Inc., the property owner immediately to the west along Harvey Road,
agrees and does, in fact, close its most easterly curb-cut/access drive onto Harvey Road,
Austaco may thereafter use the northern portion of this Private Access Easement for
access from its property through Lot One to Harvey Road.
5. Out of the proceeds of the sale of Lot One, LaCour agrees to and shall pay
all accrued ad valorem taxes, including any and all outstanding taxes for prior years and
the accrued, pro-rata portion of taxes for the current year for Lot One, the Kyle Street
South Dedication, and the Wolf Pen Creek Dedication. Within seven (7) days of the sale
of Lot One, LaCour shall provide the City with certificates from all applicable taxing
authorities showing payment of all ad valorem taxes, both for the current year and all past
years, for Lot One, the Kyle Street South Dedication, and the Wolf Pen Creek Dedication.
Until such time, the City agrees to temporarily waive the application of a section of City
Ordinance No. 1816, codified in the City's Code of Ordinances at Chapter 9, Section 6-
D.4.4, which requires developers, prior to approval and filing of a final plat, to submit
certificates from all taxing authorities showing payment of all ad valorem taxes on the
property.
6. Contemporaneous with the execution of this Agreement, LaCour agrees to
and shall provide the City with either a federal bankruptcy court order authorizing the sale
of the property subject to this Development Agreement, or in the alternative a court-
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approved plan of reorganization that authorizes LaCour to sell or otherwise dispose of
this property.
7. The City agrees not to make any future assessments against the Reserve
Tract for the initial construction and extension, including the initial design and
construction of associated drainage improvements, of Kyle Street South through the
Reserve Tract. The City reserves the right, however, to make other future assessments
against the Reserve Tract, including without limitation assessments for subsequent
maintenance costs.
8. LaCour will designate on the final plat the area within Lot One for the right-
of-way for the future extension of Kyle Street South, which right-of-way shall ultimately
be acquired by the City.
9. SCC agrees to incur and pay without recourse the costs of the design and
construction documents for the initial construction of Kyle Street South through Lot One.
11 .1
In addition, the City will participate with SCC in an engineering study to determine the
grade at which the extension of Kyle Street South will need to be built in order to
accommodate the design and construction of any required bridge as part of the extension
of Kyle Street South. The costs for this grade study, only, shall be borne by and divided
among the parties as follows: The City - 50%; SCC - 25%; and LaCour- 25%.
10. SCC agrees to construct within the designated right-of-way for the future
extension of Kyle Street South a roadway that meets the City's specifications for a
"commercial collector". In consideration for SCC's construction of said roadway, the
City agrees to make no further assessments, which would otherwise be allocated to SCC,
for any additional improvements that the City may elect to make to the roadway.
11. SCC agrees to and shall grant to the City a right of access over said
roadway for the purpose of the City's access, solely for maintenance and related purposes,
to the Wolf Pen Creek Dedication.
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,40
\ � 1
12. At such time that the City decides to extend Kyle Street South beyond
I (south of) Lot One, the City shall acquire the Kyle Street South right-of-way through Lot
One, as designated on the final plat, from SCC at the contemporary fair market value of
the property not including the roadway improvements thereon.
13. LaCour and SCC agree to and shall provide the City with impact studies
associated with the preliminary plat. LaCour and SCC agree to financially guarantee the
costs of design and construction of a waterline from Harvey Road to the most southerly
property line of Lot One and from Holleman to the most southerly property line of the
Wolf Pen Creek Dedication. The form of this guarantee shall be a bond from SCC and
cash--out of the closing proceeds--from LaCour. The basis for the amount of this
guarantee shall be the difference between the entire cost of a waterline as required by the
City less any oversize participation granted by the City Council as set forth in the City's
subdivision regulations. LaCour and SCC agree that no plat of any portion of this
property will be filed until this guarantee is posted with the City.
14. LaCour and SCC agree to comply at all times with all other applicable City
ordinances and state and federal laws affecting the use and development of the land
described in the Preliminary Plat.
15. LaCour agrees to and shall pay fifty percent (50%) of the actual preparation
costs of this Development Agreement in an amount up to, but not to exceed, two thousand
five hundred dollars ($2,500.00). Costs incurred to date equal $3,081.00, of which fifty
percent (50%) equals $1,540.50. LaCour agrees that this $1,540.50 plus fifty percent
(50%) of any additional costs incurred, up to a total of$2,500.00, shall be paid to the City
prior to submission of this Development Agreement to the City Council for approval.
16. It is understood and agreed that any failure to meet the terms and conditions
of this Agreement terminates the Agreement. In such event, the City shall neither be
obligated to waive or defer any of its ordinance requirements, nor refrain from assessing
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either Lot One or the Reserve Tract for the initial design and construction of Kyle Street
South, nor, at the City's option, comply with any other term of this Agreement.
17. It is understood and agreed that the continued effectiveness of this
Agreement and all its terms are dependent upon the occurrence of the proposed sale of
Lot One from LaCour to SCC within one-hundred fifty (150) days of this Agreement. In
the event that this proposed sale does not occur within one-hundred fifty (150) days of the
date of this Agreement, the Agreement shall automatically terminate and have no further
force or effect whatsoever.
18. LaCour hereby releases, relinquishes, and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether employees of any party or other third parties) and any
loss of or damage to property (whether property of the parties hereto or of third
parties) that is caused by, alleged to be caused by, arising out of, or in connection
with this Agreement or LaCour's work to be performed hereunder. This release
shall apply regardless of whether or not said claims, demands, and causes of action
are covered in whole or in part by insurance.
19. SCC hereby releases, relinquishes, and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of any
person (whether employees of any party or other third parties) and any loss of or
damage to property (whether property of the parties hereto or of third parties) that
is caused by, alleged to be caused by, arising out of, or in connection with this
Agreement or SCC's work to be performed hereunder. This release shall apply
regardless of whether or not said claims, demands, and causes of action are covered
in whole or in part by insurance.
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20. LaCour agrees to and shall indemnify, hold harmless, and defend the
City, its officers, agents, and employees from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, or for
damage to any property, or for breach of contract, arising out of or in connection
with this Agreement, the work to be performed hereunder, and the properties
designated herein as the Kyle Street South Dedication, the Wolf Pen Creek
Dedication and the Reserve Tract, regardless of whether such injuries, death,
damages, or breach are caused in whole or in part by the negligence of the City.
21. SCC agrees to and shall indemnify, hold harmless, and defend the City,
its officers, agents, and employees from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, or for
damage to any property, or for breach of contract, arising out of or in connection
with this Agreement, the work to be performed hereunder, and the property
designated herein as Lot One, including but not limited to the twenty foot (20') wide
dedication to The City out of Lot One and the private access easements granted by
this Agreement. This indemnification shall apply regardless of whether such
injuries, death, damages, or breach are caused in whole or in part by the negligence
of the City, but it shall not apply where such injuries, death, damages, or breach are
caused in whole or in part by the negligence or intentional acts or omissions of
LaCour.
22. It is understood that this Agreement shall be governed by, and construed
and enforced in accordance with, and subject to, the laws of the State of Texas. The
parties agree that performance of this Agreement shall take place in Brazos County,
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Texas, and that venue shall lie in a court of competent jurisdiction in Brazos County,
Texas.
23. The parties agree that they have read the terms of this Agreement and
familiarized themselves with the requirements hereunder and agree that they understand
their rights and responsibilities hereunder.
24. It is understood and agreed that this Agreement shall be binding upon and
shall inure to the benefit of the parties and their respective heirs, lessees, representatives,
successors, and assigns.
25. It is understood that this Agreement contains the entire agreement between
the parties and supersedes any and all prior agreements, arrangements, or understandings
between the parties relating to the subject matter. No oral understandings, statements,
promises or inducements contrary to the terms of this Agreement exist. This Agreement
cannot be changed or terminated unless in writing and agreed to by both parties.
Dated this the 2,5714 day of `iort , 1996.
LACOUR INVESTMENTS SCC, DEVELOPMENT, LTD. by
SCC-GP, Inc., its sole General Partner
Fred J. eyn JJ't. / Q i //(- 6,Citt
CITY OF COLLEGE STATION
BY: .3 JZ-5`96
Gee ge l'oe, City Manager Date
APPROVED:
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0 _
,1, -°° 3—obi-9'6
Cathy Locke, . ' Atto - / Date
Glenn Schroeder, Executive Director Date
of Fiscal and Human Resources
Eta r
THE STATE OF T )
) ACKNOWLEDGMENT
COUNTY OF BR OS )
€.sem
This instrument was acknowledged before me on rlr &KI, 4 ,
1996, by C..kavlp 6 1 . 1-0ou,r , as Nam , C� i,,ov Pcw-Vvv of LaCour
Investments, a Louisiana Limited Partnership, on bealf of said partnership and known
to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed. ,,,,,t��i,,,,,,
:*PY PVA
�' "OFFICIAL SEAL"
'm ... t. Susan M. Green
;;.. . o My Commission Expires 10/11/9A0A�.�.
',iF2FF °,`\ Commission#CC 234752 ublic in anfor
"""" The State of Terms- Ftov 6c-a,
THE STA 1E OF TEXAS
If fA I_R i S ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged before me on JI t 2 5 i /994
1996, by Fred J. Heyne HI, as Cid Q) (`Yl'lL N 6-0k ' SCC-GP, Inc., a Texas
corporation, on behalf of said corporation, and the corporation acknolwedged this
instrument as the sole general partner of SCC Development, Ltd., a Texas limited
partnership, and known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed. /
! () /,/ /-, ' 1. • /i - ,g'e
4iotary u. c m an. .
The State of Texas - —..�. ,,,01,
..Fro1 \ VALLI-MARIE REBSTOCK 6
W, `°\ NOTARY PUBLIC
4\, State of Texas
tiovte Comm. Exp. 05-05-9i
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THE STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZOS
This instrument was acknowledged before me on ` 1t/2 d/)
1996, by George K. Noe, City Manager of the City of College Station, a Texas
Municipal Corporation, on behalf of said corporation and known to me to Fe the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
I / 4/1. ! /�
Notary Public in and for
The State of Texas
CELLA HERNANDEZ
Notary Public,State of Texas
r
I My
POEM Commission Expires
' BER
26,1999
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11/21/96 14:36 $409 'R4 3496 DEVELOPMENT SVCS a 002
Amendment to Development Agreement
This Amendment to the Development Agreement is entered into this the /7 !�
day of /,4o,),--1,4 6.ee- , 1996, by and between the City of College Station, a Texas
home-rule municipal corporation(the"City"), LaCour Investments, a Louisiana limited
partnership ("LaCour"), and SCC Development, Ltd., a Texas limited partnership
("SCC"), and amends the Development Agreement entered into by and between the
parties dated March 25, 1996.
WHEREAS,Paragraph 10 of the Development Agreement currently requires SCC
to construct a roadway though Lot One for the future extension of Kyle Street South in
consideration for the City's agreement not to further assess SCC for any additional
improvements that the City might later make to the roadway.
WHEREAS,Paragraph 14 of the Development Agreement currently requires SCC
to comply at all times with all other applicable City ordinances affecting the use and
development of the land described in and covered by that Development Agreement, and
whereas Chapter 12, Section 10.2 B of the City's Code of Ordinances requires SCC in
this case to construct a pedestrian sidewalk along the Harvey Road perimeter of Lot One.
WHEREAS, and contrary to the above-stated requirements, SCC does not now
wish to construct all of the required roadway or all of the required sidewalk.
WHEREAS, the City has agreed to construct the remainder of the roadway and
the remainder of the sidewalk at a later date in exchange for further comparable
reductions in the price at which SCC will later convey the right-of-way for the Kyle
Street South extension to the City pursuant to Paragraph 12 of the Development
Agreement.
NOW THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties do hereby agree
and covenant to amend the Development Agreement as follows:
I. Dedication of Minimum Reservation Area out of Lot One
A. The end of the only sentence of the second full paragraph on page 2 of the
Development Agreement, beginning with 'WHEREAS" and ending with"and as
shown on Exhibit B"is hereby corrected to end"and as shown on Exhibit A."
B. Paragraph 3 of the Development Agreement is hereby deleted in its
entirety and replaced with the following new Paragraph 3:
"In compliance with, and fulfillment of, the requirements set forth in Section G
7.21D of the City's Zoning Ordinance, 10.11111111. SCC agree and do hereby
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dedicate to the City a strip of land out of and along the southeast property line of
Lot One, being the minimum reservation area required by that ordinance and as
shown on Exhibit A. Said minimum reservation area being twenty feet (20')
wide, containing .295 acres, as shown on the Preliminary Plat. The City hereby
agrees to permit SCC to remove the existing vegetation in this minimum
reservation area on the condition that SCC install certain plantings, as approved
by the City's Planning Department, and maintain said plantings for one calendar
year from the date of the first Certificate of Occupancy for Lot One."
II. Construction of the Roadway and Sidewalk
A. Paragraph 10 of the Development Agreement is hereby deleted in its
entirety and replaced with the following new Paragraph 10:
"In consideration for SCC's reduction in the sale price, as specified herein, of the
right-of-way for the future extension of Kyle Street South through Lot One, the
City agrees to make no further assessments, which would otherwise be allocated
to SCC, for improvements that the City makes in the future to complete the
construction of Kyle Street South to a roadway that meets the City's
specifications for a "commercial collector", including the costs of construction of
said roadway."
B. Paragraph 11 of the Development Agreement is hereby deleted in its
entirety and replaced with the following new Paragraph 11:
"SCC agrees to and does hereby grant to the City a right of access over the right-
of-way area for the future extension of Kyle Street South through Lot One as
designated on the final plat, solely for the City's access to the Wolf Pen Creek
Dedication for maintenance and related purposes."
C. Paragraph 14 of the Development Agreement is hereby deleted in its
entirety and replaced with the following new Paragraph 14:
"In exchange for the reduction in the future sale price of the right-of-way for the
extension of Kyle Street South, as specified above, the City hereby agrees that
SCC will not be required to pay for or construct a pedestrian sidewalk in its
entirety along the Harvey Road perimeter of Lot One as would otherwise be
required by Chapter 12, Section 10.2 B of the City's Code of Ordinances.
However, LaCour and SCC hereby agree to comply at all times with all other
applicable City ordinances and state and federal laws affec 'tin—g the use and
development of the land described in ther1s`eI^rminary—Plat."
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11/21/96 14:37 $40, -64 3496 DEVELOPMENT SVCF 004
III. Additional Reduction hi_the—Sale Price of Right-of-Way for the Kyle Street
South Extension
Paragraph 12 of the Development Agreement is hereby deleted in its entirety and
replaced with the following new Paragraph 12:
"At such time that the City decides to extend Kyle Street South beyond (south of)
Harvey Road, the City shall acquire from SCC and SCC hereby agrees to convey
to the City the necessary Kyle Street South right-of-way through Lot One, as
designated on the final plat, at the contemporary fair market value of the property,
not including the value of any improvements thereon, and less the following
discounts:
(a) the estimated cost of construction, as determined by the design
engineer at the time of construction, of the remainder of the
roadway and all associated improvements for the extension of Kyle
Street South through Lot One, in accordance with the criteria set
forth in Paragraph 10 hereof..
(b) the estimated cost of construction of the remainder of the
pedestrian sidewalk along Harvey Road, as determined by the
design engineer at the time of the City's construction of same."
IV. Construction of Traffic Signal Improvements for the Extension of Kyle
Street South
A new paragraph 12A is hcrcby added and inserted into the Development
Agreement,to read as follows:
"12A. The City shall design, construct, and pay for the conversion of the existing
traffic signal at Kyle Street South and Harvey Road to a four-way signal. Neither
SCC nor LaCour shall be responsible for the design or constrution costs of this
signal conversion. The City shall use its best efforts to complete the conversion
of this traffic signal within three (3) months of the date of the opening for
business of the retail store to be constructed on Lot One."
V. Other Terms & Conditions of the Original Development Agreement
All other terms and conditions of the March 25, 1996, Development Agreement,
including SCC's obligations in Paragraph 9 to pay for the design costs for the
construction of Kyle Street South through Lot One and participate in the grade study,
shall remain in full force and effect and are expressly incorporated herein by reference.
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x1/21/96 14:38 $4f 64 3496 DEVELOPMENT SV
005
YL Reimbursement of Costs
SCC hereby agrees and shall pay for the City's cost of preparation of this
Amendment to the Development Agreement in accordance with City Council Policy.
The City shall remit a bill for said costs to SCC that shall be due and payable in full
within ten(10) calendar days of receipt of same by SCC.
VII. Filing
The Development Agreement and this Amendment to the Development
Agreement shall be filed in the Official Records of Brazos County.
fi‘
SIGNED this j( - day of d d{.4.�.-, 1996.
SCC DEVELOPMENT,LTD. CITY OF COLLEGE STATION
By SC - P, I.c.,its sole General Partner
BY: i ,4.I. �� BY: ILA__ I/ '/
Fred J. 41. 1', ►hairman of the Board L . Mcllhaney,Mayor /
LACOUR •..: I NTS ATTEST:
(1,art/ru. 1.4-00 )
By:4 . 4 Connie Hooks,City Secretary
Chart-s D. LaCour,IF'.ging General
Partner
APP: ' D:
G•org i, Noe,City Manager
fr411 itJA1
Roxann-i emcik, A '.. City A
enn Schroeder, Director of Fiscal
Resources
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11/21/96 14:38 $409 4 3496 DEVELOPMENT SVCS 1006
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF HARRIS )
This insent acknowledged before me on the C2?(:7' day of
L/C)—LA-( 17-the-t-, 19 V6,by Fred J. Heyne III, in his capacity as Chairman of the
Board of Directors of SCC-GP, Inc., a Texas corporation, on behalf of said corporation,
and the corporation acknowledged this instrument as the sole general partner of SCC
Development,Ltd.,a Texas limited partnership, on b- '- of said partnershi•
,ri av PL VRill Ml9RIE REEStU /i ' /&/
349 � NOTARY PUBLIC 4 bo y gbh • and for
State of Texas aye • e "'.' �
Comm. Exp 05-05-9 (( • L6"90.90 dx3 WLLO3 ;:\„
sexal Io aw1S �°
0119 ld A2it110N
)130.38383l8V11.11111A ��a. �`°
THE STATE OF FLORIDA )
ACKNOWLEDGMENT
COUNTY OF ESCAMBIA )
This instrument was acknowledged before me on e.e„ Ir
fo , 1996,by Charles D. LaCour, as Managing General
Partner of LaCour Investments, Louisiana limited partnership, on behalf of said
partnership.
Notary Public in and for
The State of Florida illoymiimie,?piew!mINI!!!!!lllloimi. .<
p11`PY poe Susan M.Green
+:�y�o Notary Public,State of Florida
1 jj` Commission No.CC 587590
40r c$ My Coounission Exp.10/11/2000
1406.3•NOTAAY•Fla,Notary Service&Bonding
SS111Wi)M41W/YA4SY 1)1111)ll�)1
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before mc on the day of
, 19 _, by Lynn Mellhaney, in her capacity as Mayor
of the City of College Station, a Texas home-rule municipal corporation, on behalf of
said municipality.
Notary Public in and for
the State of Texas
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