HomeMy WebLinkAboutAgreement CONCEPTUAL PDD/P-MUD SITE PLAN MINIMUM REQUIREMENTS
(ALL CITY ORDINANCES MUST BE MET)
INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
/ A key map(not necessarily to scale).
Tie block to include:
,/
Name,address, location, and legal description.
1 Name,address,and telephone number of applicant
Name, address,and telephone number of developer/owner(if differs from applicant)
%/0 Name, address, and telephone number of architect/engineer(if differs from applicant)
• 0 Date of submittal
-0 Total site area
10 North arrow,
rci 100-year floodplain and floodway(if applicable)on or adjacent to the proposed project site, note if
1-11 there is none on the site.
ow the approximate location of the following:
rcrl 7
i21 Parking areas
0 Building sites and an indication of their use
-- El Artificially lit areas
,70 Open spaces/conservation areas
_.
j Greenways
10 Streets and access
/0 Parks
—0 Schools
—Z Trails
0 Buffer areas(or a statement indicating buffering proposed)
El Other special features
0 Approximate accessways, pedestrian and bikeways.
0 Common and open space areas.
Revised 4/14 I Print Form1 Page 7 of 7
/e--eff ..,/ %,(2e7c74 7‘2?, .44
CREATING HOSPITALITY AMONG NEIGHBORS
AGREEMENT FOR SERVICE
THIS AGREEMENT FOR SERVICE (this "Agreement") dated this thirtieth day of
January,2012 BETWEEN
Homeowners'Association of Castlegate II, Inc
of 4490 Castlegate Dr,College Station, Texas, 77845
(the "Customer")
OF THE FIRST PART
-AND -
HOA Partners LLC dba Neighborhood Partners
of 4712 Johnson Creek Loop, College Station, Texas, 77845
(the "Service Provider")
OF THE SECOND PART
BACKGROUND:
A. The Customer is of the opinion that the Service Provider has the necessary
qualifications, experience and abilities to provide services to the Customer.
B. The Service Provider is agreeable to providing such services to the Customer on
the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration
is hereby acknowledged, the parties to this Agreement agree as follows:
Services Provided
1. The Customer hereby agrees to engage the Service Provider to provide the
Customer with services (the"Services") consisting of Manage Vendors,
Manage and Maintain HOA Web Site, Provide Financial Information Online,
Bill Annual Fee, Deposit Collection,Title Co. Correspondence, Coordinate
Tax Preparation,AP/AR,Deed Restriction Inspection,Oversee Legal Actions,
Conduct Annual Meeting, Bulk Mail outs, Maintain Insurance and
Management of the ACC. The Services will also include any other tasks
which the parties may agree on. The Service Provider hereby agrees to
provide such Services to the Customer.
Master Agreement between 1 of 7
HOA Partners LLC dba Neighborhood Partners
Homeowners'Association of Castlegate II,Inc
Term of Agreement
2. The term of this Agreement will begin on the date of this Agreement and will
remain in full force and effect for 1 year from the date of the Agreement,
subject to earlier termination as provided in this Agreement, with the said
term being capable of extension by mutual written agreement of the parties.
3. In the event that either party wishes to terminate this Agreement, that party
will be required to provide a notice period of 60 days.
4. Except as otherwise provided in this Agreement,the obligations of the Service
Provider will terminate upon the earlier of the Service Provider ceasing to be
engaged by the Customer or the termination of this Agreement by the
Customer or the Service Provider.
Performance
5. The parties agree to do everything necessary to ensure that the terms of this
Agreement take effect.
Compensation
6. For the services rendered by the Service Provider as required by this
Agreement, the Customer will pay to the Service Provider compensation on
the following basis: $ 6.00 per Lot until the community reaches 200 Lots sold,
from 201 to completion at$ 5.00 per Lot. A one-time fee of$ 200.00 per lot.
7. This compensation will be payable on a monthly basis, while this Agreement
is in force.
8. The Customer is entitled to deduct from the Service Provider's compensation
any applicable deductions and remittances as required by law.
Additional Compensation
9. In addition to the above compensation,the Service Provider will be entitled to
the following compensation for performing the Services:
• Charge of$ 20.00 per HOA Title Certificate
• Charge of$ 10.00 per each billed `Fined'
• Charge of$ 10.00 per 'Cost of Collection'
• Charge of$ 50.00 per Lien
Provision of Extras
10. The Customer will not provide any assistance or extras for the use of the
Service Provider in providing the Services.
Master Agreement between 2 of 7
HOA Partners LLC dha Neighborhood Partners
Homeowners'Association of C'astlegate II,Inc
Reimbursement of Expenses
11. The Service Provider will be reimbursed from time to time for all reasonable
and necessary expenses incurred by the Service Provider in connection with
providing the Services hereunder. The Service Provider will furnish
statements and vouchers to the Customer for all such expenses. To clarify the
postage for bulk mail outs, annual meeting materials copied and any event
flyers copied, etc. would be considered reimbursable to the service provider.
Payment Penalties
12. In the event that the Customer does not comply with the rates, amounts or
dates of pay provided in this Agreement, a late payment penalty will be
charged as follows: The Customer will pay interest on any late payment at the
annual interest rate of 18 percent.
Performance Penalties
13. No performance penalty will be charged if the Service Provider does not
perform the Services within the time frame provided by this Agreement.
Confidentiality
14. The Service Provider agrees that they will not disclose, divulge,reveal,report
or use, for any purpose, any confidential information with respect to the
business of the Customer, which the Service Provider has obtained, except as
may be necessary or desirable to further the business interests of the
Customer. This obligation will survive indefinitely upon termination of this
Agreement.
Non-Competition
15. Other than with the express written consent of the Customer,which will not
be unreasonably withheld, the Service Provider will not, during the
continuance of this Agreement,be directly or indirectly involved with a
business which is in direct competition with the particular business line of the
Customer, divert or attempt to divert from the Customer any business the
Customer has enjoyed, solicited, or attempted to solicit, from other individuals
or corporations, prior to termination of this Agreement.
Ownership of Materials
16. All materials developed,produced, or in the process of being so under this
Agreement, will be the property of the Customer. The use of the mentioned
materials by the Customer will not be restricted in any manner.
Master Agreement between 3 of 7
ItOA Partners LLC dba Neighborhood Partners
Homeowners'Association of Castlegate II,Inc
17. The Service Provider may retain use of the said materials and will not be
responsible for damages resulting from their use for work other than services
contracted for in this Agreement.
Return of Property
18. Upon the expiry or termination of this Agreement, the Service Provider will
return to the Customer any property, documentation,records, or confidential
information which is the property of the Customer.
Assignment
19. The Service Provider will not voluntarily or by operation of law assign or
otherwise transfer its obligations under this Agreement without the prior
written consent of the Customer.
Capacity/Independent Contractor
20. It is expressly agreed that the Service Provider is acting as an independent
contractor and not as an employee in providing the Services under this
Agreement. The Service Provider and the Customer acknowledge that this
Agreement does not create a partnership or joint venture between them, and is
exclusively a contract for service.
Modification of Agreement
21. Any amendment or modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement will only be
binding if evidenced in writing signed by each party or an authorized
representative of each party.
Notice
22. All notices,requests, demands or other communications required or permitted
by the terms of this Agreement will be given in writing and delivered to the
parties of this Agreement as follows:
1. Homeowners'Association of Castlegate II, Inc
4490 Castlegate Dr, College Station,Texas, 77845
Email: vicki.castlegate@verizon.net
2. HOA Partners LLC dba Neighborhood Partners
4712 Johnson Creek Loop, College Station, Texas, 77845
Fax Number: 979-690-0330
Email: sandie@hoapartners.net
or to such other address as to which any Party may from time to time notify the other.
Master Ageement between 4 of 7
HOA Partners LLC dba Neighborhood Partners
Homeowners'Association of Castlegate Il,Inc
Costs and Legal Expenses
23. In the event that legal action is brought to enforce or interpret any term of this
Agreement, the prevailing party will be entitled to recover,in addition to any
other damages or award, all reasonable legal costs and fees associated with the
action.
Time of the Essence
24. Time is of the essence in this Agreement.No extension or variation of this
Agreement will operate as a waiver of this provision.
Entire Agreement
25. It is agreed that there is no representation,warranty, collateral agreement or
condition affecting this Agreement except as expressly provided in this
Agreement.
Limitation of Liability
26. It is understood and agreed that the Service Provider will have no liability to
the Customer or any other party for any loss or damage(whether direct,
indirect,or consequential)which may arise from the provision of the Services.
Indemnification
27. The Service Provider will indemnify and hold the Customer harmless from
any claims against the Customer by any other party,arising directly or
indirectly out of the provision of the Services by the Service Provider.
Enurement
28. This Agreement will ensure to the benefit of and be binding on the parties and
their respective heirs, executors,administrators, successors and permitted
assigns.
Currency
29. Except as otherwise provided in this Agreement,all monetary amounts
referred to in this Agreement are in United States dollars.
Titles/Headings
30. Headings are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement.
Master Agreement between 5 of 7
HOA Partners LLC dba Neighborhood Partners
Homeowners'Association of Castlegate[I,Inc
IN WITNESS WHEREOF the parties have duly executed this Service Agreement this
co:;:',) day of January 30, 2012.
SIGNED, SEALED AND DELIVERED
in the presence of
HOA Partners LLC dba Neighborhood Partners
_
BY:4a
. 'c _ rhM 41.
W't "ss
Name: jc�, c-c— vc�e,.- N\11 s'- \�
Title: },.r���,��s �.-c-�� <-
Homeowners'Association of Castlegate II, Inc
Ai/vk killiiin By: W '.11Z-
Witness
Name: � Ct�
� ) iS \\j
�;i�,R," BEN TYLER WILSON eRVQ
=�' ��';'. Notary ublic,State of Texas Title: 6t��
sy.1N My Commission Expires
4/41,0 July 27,2013
Master Agreement between 7 of 7
I IOA Partners LLC dba Neighborhood Partners
Homeowners'Association of Castlegate II,Inc
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Purpose&Intent
To provide a first-class, professionally-operated Community Center that serves the needs of the
residents of Castlegate II and other area residents.
Permitted Uses
- Meeting Facility
- Conference Facility
- Educational Facility
- Community Center
- Event Venue
All above permitted uses shall be available to the residents of the Castlegate 11 Subdivision and
other area residents from other communities as well.
Prohibited Uses from the Base Zoning District(General Commercial)
- Extended Care Facility/Convalescent/Nursing Home
- Health Care, Hospitals
- Health Care, Medical Clinics
- Animal Care Facilities, Indoor and Outdoor
- Art Studio/Gallery, unless short-term and related to a Permitted Use.
- Car Wash
- Commercial Garden/Greenhouse/Landscape Maintenance Yard
- Commercial Amusements
- Day Care
- Dry Cleaners and Laundry
- Fraternal Lodge, unless short-term, non-residential, and related to a Permitted Use
- Fuel Sales
- Funeral Home
- Golf Course or Driving Range
- Heath Club, unless short-term and related to a Permitted Use
- Hotel
- Night Club, Bar or Tavern
- Offices
- Personal Service Shop, unless short-term and related to a Permitted Use
- Retail Sales and Services, unless short-term and related to a Permitted Use
- Shooting Range, Indoor
- Theater
- Storage, Self Service
- Vehicular Sales, Rental, Repair and Service
- Wholesale/Services
Operational Restrictions
- The operating hours for the facility shall be no longer than Sunday–Thursday, 9:30 AM–9:30
PM and Friday–Saturday,9:30 AM–11:00 PM.
- No street parking shall be allowed along Norwich Drive.
Additional Requirements
9: - No parking signs shall be installed on the Property along Norwich Drive. —
o� - An 8' tall privacy fence shall be installed between the Property and the adjacent single family
.9.51,4)6/
' residence to the south. The fence shall run approximately 1/2 the length of the southern
W Property line and shall be densely landscaped. The remainder of the southern Property line
shall be landscaped with dense shrubs to screen the parking and drive aisles from the single
family residence.
- Decibel meters shall be installed at the front entry and the rear exit to ensure compliance with
City Ordinances.
- All outdoor lighting shall be directed downward, and in a manner that avoids light transmission
to other properties in the area.
Signage
- The Property shall be allowed on 4' tall monument sign, no greater the 24 SF in area.