HomeMy WebLinkAboutCorrespondence C/CITY OF COLLEGE STATION
LEGAL DEPARTMENT
POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION,TEXAS 77842-9960
(409)764-3507
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MEMORANDUM
TO: Jane Kee, City Planner
FROM: Pete Shively, Assistant City Attorney
RE: LaCour- re-re-re-re-re-re-re-revised Development Agreement
DATE: February 1, 1996
Pursuant to our telephone conference call yesterday with Mr. Fred J. Heyne III and his
attorney, Mr. Charles ("Jerry") Wolfe, I have made a number of revisions to the proposed
Development Agreement among LaCour, SCC, and the City. A copy of the contract is
attached hereto. A number of these revisions reflect the substantive changes requested by
--� Mr. Heyne and Mr. Wolfe. Other changes are primarily stylistic. All of these changes
are summarized below, seriatim.
Substantive Changes
1. Because of the road alignment being moved to the west (from the original
preliminary plat) so that it now is directly adjacent to the western property line of
lot 1, I have removed all references to a 30 foot wide private access easement from
Austaco to the City's 30 foot wide private access easement. Among other things,
this change eliminated old paragraph number 3, at the top of old page 2.
2. Also due to the revised road alignment depicted in the proposed plat provided to us
yesterday, I have revised the "Kyle Street South Dedication" property to only
include a 35 foot right of way south of the Wolf Pen Creek Dedication and
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through the Reserve Tract. Concomitantly, I have revised the acreage amounts for
the Wolf Pen Creek Dedication upward from 4.734 to 5.100. In other words, the
old "Kyle Street South Dedication" ran from south of Lot One all the way to the
southern edge of the Reserve Tract and was 70 feet in width. Now, the portion of
the roadway (whatever its final configuration) that will run through the Wolf Pen
Creek Dedication area is omitted from the Kyle Street South Dedication and the
remaining portion (out of the Reserve Tract) is reduced from 70 feet to 35 feet.
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Memo to Jane Kee
February 1, 1996
Page 2
3. At the request of the Mr. Heyne, I have added a sentence to new paragraph 3,
which grants the City the 20 foot wide strip out of Lot 1 in accordance with the
Wolf Pen Creek Zoning Ordinance. The additional sentence simply makes clear
that the 20 foot strip is being dedicated in fulfillment of the Wolf Pen Creek
dedication requirements. Mr. Heyne, or his attorney, requested this revision in
order to foreclose any possible interpretation of the ordinance that would require
them to dedicate an additional 20 feet, above and beyond the 20 feet required by
the Development Agreement.
4. In new paragraph 4 (old paragraph 2), I have included a statement that the 30
private access easement being granted by SCC through Lot 1 to the City and
LaCour is for "maintenance and engineering purposes". This revision, again, was
requested by SCC so as to preclude any interpretation that simply because the City
owned the easement that the general public could use it.
5. Also in new paragraph 4 and as suggested by SCC, I have made SCC's grant to
Austaco of a right to traverse across a portion of the City & LaCour's easement
conditional upon Austaco agreeing in writing to close its most easterly curb cut on
Harvey Road.
6. I have placed into a new, separate paragraph (number 6) the requirement that
LaCour provide the City with a bankruptcy plan of reorganization, and I have
added that LaCour may, alternatively, provide a bankruptcy court order
authorizing the sale of this property.
7. In paragraph 9, I have at SCC's request re-divided the contribution for the costs of
the engineering study for the grades to accommodate the bridge: 50% City, 25%
LaCour and 25% SCC.
8. I have added a new sentence to paragraph 13 to specify that the form of the
guarantee for the costs of design and construction for the waterline shall be a bond
from SCC and cash (out of the closing proceeds) from LaCour.
9. As discussed, in paragraph 17 I have changed the number of days required for
closing the sale from 90 to 150.
10. Also as requested by SCC, I have removed the first sentence of paragraph 18 and I
have divided the release into two: a release for LaCour and a separate release for
SCC.
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J
Memo to Jane Kee
February 1, 1996
Page 3
Stylistic Changes:
1. I have revised the names of the parties in the opening paragraph and the internal
references to them throughout: from "BUYER, DEVELOPER, and CITY" to
"SCC, LaCour, and the City". I did this just for the sake of clarity and readability.
2. I have also removed the numerous redundant references to the revised, preliminary
plat for LaCour Subdivision Phase One, and, after an initial reference, referred
thereafter to this document simply as the "Preliminary Plat."
3. I have changed the order of some of the initial numbered paragraphs in order to put
the primary dedications by LaCour up front and generally place the various
obligations in a rough rank and party order.
4. I have corrected, I hope, the street name references in paragraphs 7 and 8.
5. I have removed the first sentence of paragraph 15 because it was unnecessarily
confusing and revised somewhat the remaining sentences; leaving blanks for the
current dollar amounts that LaCour must pay for the preparation of this
development agreement (those numbers escalated again, considerably I would
think, in the last 24 hours).
6. Lastly, I have revised the signature block and the acknowledgment forms slightly
to show the correct party names, their relationships, and to shorten the form simply
in order to fit it on the page.
Please review these changes and let me know if you think that any additional revisions
are necessary. Otherwise, you may forward a copy of the attached draft to SCC. (I would
advise copying one of the LaCours on all correspondence at this point)
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