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than " ublic fire hydrants shall be installed in districts
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other than single-family and duplex districts at such loeatic~ns
that no part of any structure shall be more than hree hundred
feet (300' } from 'a fire hydrant as measured along the right-of-
wa of a ublic street -or an approved fire lane as the fire nose
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is laid off the: fire truck. The installation of public fire
hydrants in such districts may be deferred and required as a
condition of the building permit for structures."
WHEREAS, the City`Engineer has determined, based upon the
ley rate and the system needs,....,that•:theminimum line for the ser-
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vice of this tracts a four inch ~4"} line, also referred to as
a domestic Line;
WHEREAS., the cost o construct, a domestic line is approx,i-
mately TWENTY THOUSAND DOLLARS ($20,000.00};
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WHEREAS, he City Engineer ha reviewed the permit and. has
found that the structures to be located at the-landfill are
j merely storage structures;
WHEREAS, at this time the .estimated. cost of the construction
of a twelve inch X12"} line which .would accommodate fire hydrants
~.s approximately ONE HUNDRED THOUSAND DOLLARS ~$1a0,000..00} which
far exceeds the value of the structures on the site;
.:WHEREAS, at: this-time, any fire that would occur 'on the ,site
would probably be~extinguished by moving dirt over it;
WHEREAS, the parties recognize that construction of a water
line sufficient to provide complete fire protection at this time
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1. AGENCY shall install a four inch ~ 4"} ;domestic ser~~ice
water line to the property and shall construct. a sp~rin-
tiler sys em in the office building to be constructed
pursuant to Building Permit No. .
2. _At CITY's discretion, AGENCY shall. construct the twelve
inch.~12"}:.water line, sgbject to oversize partcipa-
tion at CITY's discretion, upon the happening of any
one of the following events:
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~; A. Any change In the eXistng structures or the
office building to be constructed as shown in
Exhibit ~r$u ,
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8. An chan e in the propo ed single use as a
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landfill.
C. Installation of a water line to any of the
adjacent tracts of land..
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3. City Engineer shall notify AGENCY of the installation
'i of a water line to an of the adjacent tracts of land
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and shall direct AGENCY to install a twelve inch t12"}
water line, subject-to oversize participation at CITY's
discretion.
4. In the event that AGENCY defaults in the providing ~of a
letter of credit in the amount approved by the City
Engineer and subject to the terms of this Agreement, or
'~ in the event that AGENCY fails upon City Engineer's no-
tification to commence=to install and .construct the
water line, subject to oversize participation, AGENCY
~~ agrees as follows:
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A.-. That the tendering of this document with a sworn
statement of the City Engineer that ,AGENCY is ,in
default of the terms`heren shall constitute suf-
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ficent evidence for confession of judgment and
AGENCY agrees that it does hereby confess judg~-
merit.
B. That CITY shall be ~enti led .upon twenty-four ~24~
hours' notice posted on-the premises to disconnect
all utility service and withdraw any Certificate
of occupancy previou ly issued.'
C. That CITY. shall-be entitled to an injunction
a anst AGENCY prohibiting the use of the premises
for any commercial ,purpose to which the public is
invited.
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D . That CITY shall be entitled to `one Hundred Do:L l ars
-{ $10 0.0 0 } per day for each day that AGENCY fail s
to construct the water line as agreed herein as
delay damages.
5. A11 notices and .documents required herein shall be sent
and provided to the psrties at the addresses and tole-
phone numbers lfisted below,:
AGENCY
Attention: Joe LaBeau
P.O. Box 9960
Calle e_Staton, Texas .77840-0960
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Phone: (409 j 764-3690
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City of College Station
'~ Attention: City Engineer
{ P. 4. Box 9'960
College ,Station, Texas 77840-0960
Phone: ~409~ 764-3570
A11 notices and documents shall be deemed received when
mailed with sufficient postage;...and deposited in a Y~egu-
lar mailbox of the United States Post Office. The par-
ties may change addresses upon thirty X30} days' writ-
ten notice sent certified mail ..return receipt
requested.
6. AGENCY agrees to .and .shall indemnify and.. hold;.harml.ess
{ CITY, its officers, agents and .:employees, from. and
against any and all claims., losses, damages, cause~- of
action, suits and liability of every kind, including
all expenses of litigation, court hosts, and attorney's
fees, for injury to or death of any person, or for dam-
age to any property, arising out of or in connection
with this Development Agreement. Such indemnity shall
apply., where the 'claims, losses, damages, causes of
action,~suts or liability arise in whole or in part
from ' he negligence of CITY. .
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7, Certificates of Insurance and endorsements shall be
furnished to the CITY and approved by CITY before CITY
~~ issues a Certificate of Qccupancy A Property Insur-
~ once Policy shall be required. The following general
requirements 'shall be applicable to the policy:
'i ~ A. Property insurance shall be written by a carrier
with an A:VIII or better rating in accordance with
the current Best Key Rating Guide. .
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B. only insurance carriers licensed and admitted to
do business in the State of Texas will be
accepted.
C. Deductibles shall be listed on the CertifiCatE: of
Insurance and are acceptable only on a per occur-
rence basis for property damage only. Thee.
deductible limits shall not exceed Ten Thousarnd
Dollars ~ $10, 0'00.00 } .
D. Claims Made Policies will not be accepted.
E. The insurance policy shall be endorsed to state
that coverage'shall not be uspended, voided, can-
celled, or reduced in coverage Qr in limits except
' -after thirty (30} days' prior written notice by
certified mail, return receipt requested, has been
given to the City of College Station.
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F. The following Commercial General{Liability will be
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~ required:
j a. Minimum Combined Single Limit of $600,000 per
occurrence for Bodily Injury and Property
Damage.
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b. Covera e sha l be at least.. as broad as Insur-
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once Service's Office form number CG 00 01.
c. No coverage shall be deleted from the stan-
dard policy without notification of indivd-
ual exclusions being attached for review and
acceptance.
8. -This Development Agreement has been .made under and
. shall be- governed by the laws of the. State of Texas .
Venue shall lie in `a court of competent jurisdiction in
Brazos Count, Texas. If it is determined that the
CITY of CaLLEGE STATInN.had no authority to enter into
this Development Agreement, then-AGENCY agrees that it
shall construct the twelve inch X12") water fine. as re-
qured by the City of `College :Station Code of Ordi-
nances, each party being considered to be returned to .
~ the position. he was in before. this Development Agree-
( meat was entered into exeep that Section 8 shall re-
main in full force and effect.
9. In the event of litigation, AGENCY agrees to pay and
shall pay all of the attorney's fees, court costs and
other litigation costs of CITY.
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