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STATE' OF TEXAS )
)
COUNTY OF BRAZOS )
DEVELOPMENT AGREEMENT
WHEREAS, COLLEGE HEIGHTS ASSEMBLY OF GOD.CHURCH and J.V.
HENTON, et aI, jointly applied to rezone 13.417 acres of land
comprised of five tracts located in the Richard Carter League,
A-8, College Station, Brazos County, Texas, more particularly de-
scribed in Ordinance No. 1627 attached hereto as ExhibitIA":
WHEREAS, the CITY OF COLLEGE ST~I~ considered such appli-
cation on the 9th day of January, 1986, and found that generally
conditions had changed to authorize the rezoning of the tract in-
to two C-l tracts, two A-Ptracts,one R-4 tract, and oneR-lA
tract. However the City Council also found that conditions had
not changed such that the R-4 tract should be developed without
the construction of a fence between the R-4tract and R-IA
tract; and
WHEREAS, the City Council of the CITY OF COLLEGE STATION
found that the zoning should b,econtingent upon such rezoning but
was willing to authorize the rezoning and authorize the delay of
the construction of the fence between the R-4 tract, Tract 4, and
the R-1A tract, TractS, until construction had begun on either
Tract 4 or Tract 5, whichever came first.
NOW, THEREFORE, PREMISES CONSIDERED, the parties agree as
follows:
1. The City of College Station will sign Ordinance No.
1627, putting into effect the rezoning.
2. At the time of the development of Tract 4 or Tract 5,
whichever comes first, J.V. HENTON, his successors, heirs, or as-
signs, shall construct a fence.
3. No certificate of occupancy shall be issued to any de-
velopment placed on either tract until the fence has been con-
structed.
4. The p~rtieshave read the undersigned agreement and un-
derstand the terms and conditions placed therein and do hereby
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agree to those terms and conditions. In the event of litigation,
venue shall lie in a court of competent jurisdiction in Brazos
County, Texas.
5. In the event that the parties utilize this property in
derogation of this agreement, the CITY OF COLLEGE STATION shall
be au~orized to file a suit and this agreement, along with a
certified copy of the minutes of the Council meeting in which the
application was considered, shall be sufficient evidence in
a confession of judgment and injunction hearing. The parties
shall as a part of this agreement supply proof of authorization
to sign, and this agreement shall be filed of record in the
Official Records of the County Clerk, Brazos County, Texas.
SIGNED this the o2<lt~..day of ...r1ur~. ' 1988.
CITY OF COLLEGE STATION
m Callaway
ector of PIa
COLLEGE HEIGHTS ASSEMBLY OF GOD
CHURCH
BY: ~~~~JJ~ .Pt~
BY: 0.711. ~, ~
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STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
This instrument was acknowledged before me on the 24th day of
August, 1988, by Jim Callaway,. Planning Director for. the City of
College Station, a Texas Municipal Coporation, on behalf of said
municipality.
for
State
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
,
lege Heights Assembly
Notary blicin and for
theS ate of Texas
STATE OF TEXAS )
)
COUNTY OF BRAZOS)
ACKNOWLEDGMENT
This instrument was acknowledge before me on the 24th day of
Augu~ 19~8j... by , ,~
as ~ rA...~ . . .. for College Heights Assembly
of God Church, on behalf of said church.
Notary~~-;f;-
the State of Texas
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
This instrument was acknowledged l)efore mean the.24th day of
August,1988,byJ. V.. Henton.
for