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HomeMy WebLinkAboutLegal Documents DEVELOPMENT AGREEMENT THIS IS AN AGREEMENT by and between the CITY OF COLLEGE STATION, a,Texas Municipal Corporation, acting through its City Engineer authorized under Ordinance to enter into such an agreement, and DON DALE, President of A& M Construction, Inc. WHEREAS, the City Engineer is authorized under the Ordinance to make determinations concerning parking lot paving; WHEREAS~ the parking~ot plan for Lot 5, Block 1, Pooh 'sPark., College Station, has been reviewed by the City Engineer and he has~etermined that the current use as a parking lot for a storage building and heavy equipment does not, at this time, require an asphalt or concrete parking lot; WHEREAS, the Project Review Committee met on Sep- tember20, 1983 and reviewed the requirements for the site and said requirements are attached hereto as Exhibit "A". THEREFORE, for and in consideration of the mutual promises contained herein, the parties'agree a$follows: 1. The City of College Station will require a gravel parking~ot ~t the location described herein. This use shall not be maintained for over ten. (10) years. In the event the property use ~s~hanged from a storage site or, in the event that the property is sold, this agreement shall terminate and the parties will ber~quired to resubmit the project for City review. 2. A & M Construction, Inc. shall meet all of the requirements of the Project Review Committee report, except No.5 and No. 6, as set forth in the attached Exhibit "A". Landscaping to be completed within thirty (3.0) days of the completion of the construction of Holleman Street construction. 3.. Failure to comply with these requirements shall be deemed a violation of this agreement upon written notice to Don Dale at the address designated' herein. The City of College Station will have the right and authorization to withdraw the certificate of occupancy and terminate all utilities supplied by the City of College Station at the above referenced address, 105 ~ast.Holleman Drive, College Station, Texas. -1- 4. In~uch an event, occupancy and/or use of the premises shall be unlawful and in violation of City ordinances. Violations may be charged for each day of any such violation. Don Dale agrees that upon presentation of an affidavit by the City Engineer to a Court of jurisdiction that anyone of the above provisions have not been complied with, the City shall be entitled to a temporary injunction prohibiting occupation of the premises. Don Dale hereby confesses judgment as to such a temp- orary injunction. 5. Don Dale represents that he is authorized to execute this agreement on behalf of himself and A & M Construc- tion, Inc. The attached copy of the site plan of the project is incorporated herein for allpyrposes as Exhibit "B". 6. The.parties have agreed that they have read and understand the cOhtentsof this agreement. EXECU'l'BUthis this ,/1.-- day of November, 1984. CITY OF COLLEGE STATION A & M CONSTRUCTION, INC. BY:DO ~4 President "