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and shall be a benefit to .the owners of all or any portion of the FAB Tract and the TAC. Tract,
respectively, and their respective-heirs, executors, legal representatives, successors :and assigns.
3. Construction pf Driveway. It is intended that athirty-foot (34'} wide driveway (the
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Dnveway }will be constructed over and across the Easement Property.. FAB, Stanley. and TAC
each agree that the .Driveway shall remain. open. and shall not be .used for the parking of vehicles.
FAB, Stanley and TAC, respectively,. shall be entitled to construct curb cuts into the Driveway in
order to service their respective properties.; provided, however, that such construction ..shall be
performed in such a manner so as to insure that reasonable use of the Driveway is not
interrupted. FAB and Stanley each hereby agree to pay one-half ('/2) of the costs of constructing
the driveway (the "Construction Casts"};provided, however, that the Construction. Costs hall not
exceed $45,036.20, and FAB, Stanley and TAC each agree to pay their respective Proportionate
share (as hereinafter defined} of the costs of (i} repaving the Driveway when such repaving is
necessary, (ii} maintaining the Driveway in a condition necessary -to comply with .all applicable
codes and .regulations of the City of College Station, Texas, (iii} keeping the_Driveway reasonably
clear and unobstructed, and (iv) keeping the driveway smooth and free of potholes (thee. costs in
items (i} through (iv}preceding beingcollectively referred to as the "Maintenance Costs"G and the
Construction Costs and the Maintenance Costs being collectively referred to as ....thee "Driveway
Costs"). FAB shall have the exclusive right to construct he Driveway during the two (2) ;year
period commencing on the effective date of ..this Agreement.. Thereafter, if FA6 has not I:
:constructed the driveway during.. such two (2) year period, Stanley shall have the exclusive right
to construct the Driveway fore the: ensuing two (2) year period. 1f neither FAB nor Stanley has
constructed the Driveway within four (4) years after the date of this Agreement, either FAB or
Stanley -shall have the right to .terminate this Agreement by filing written .notice of such termination
in the Real Property Records of 'srazos County, Texas. Prior to commencing construction of the
Driveway, FAB or Stanley (as applicable) shall furnish proposed plans and specificationsforth
Drivewa to the other Landowners, fora royal b such, other Landowners, which a royal shal
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not be unreasonably withheld or delayed, any objections by any l..andowner to the proposed
plans and specifications shall be set forth in writing to the landowner which submitted the plans
and pecifications for approval and shall specify in reasonable detail the nature of such objections
and' the revisions to the plans and specifications required to address. such objections; and,
notwithstanding anything to the contrary contained herein, if any landowner fails to furnish written
~ objections o any proposed plans and. specifications within ten (10} days after receipt of such
'plan and specifications by such Landowner, such Landowner. shall be automatically deemed to
-:have approved such plans and specifications and to have waived any right. to object thereto. At
such tune as FAB, Stanley or TAC incurs Driveway Costs (the Landowner incurring such Driveway
Costs being referred to ~s the "Claiming .Owner" and each of the Landowners who .are not the
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i Cla~m~ng Owner being ,referred to as an Obligated owner },..the Cla~m~ng Owner shall furnish
written notice (the "Driveway Reimbursement Notice"} tv the Obligated Owners .requesting
reimbursement from. the Obligated Owners for heir respective Proportionate Shares of suoh
Driveway Co ts. The Driveway Reimbursement Notice shall contain such invoices, receipts, and
other "back-up" information as maybe reasonably necessary to confirm the nature and amount
of the Driveway Cysts for which the Claiming Owner is':requesting reimbursernent..The Obligated
Owners shall be entitled to request and obtain additional invoices, receipts and other back-up
information that maybe reasonably..necessary, in he event the original submitted Driveway Costs
,' are not- pro erl documented. The Obligated Owners shall note be obligated to pay for any
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Construction Costs which were incurred for items which were not described in the agreed plans
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and specifications for the construction of the .Driveway, and ,the term "Construction ..Costs" shall
not include any such costs incurred for construction of he :Driveway which are not consistent with
the approved plans and specifications for the priveway. Within thirty (3o}..days after receipt of
a Driveway Reimbursement Notice (but subject to the provisions of Paragraph 5 hereof}, .:each
Obligated Qwner shall pay to the Claiming Owner an amount equal to the portion of ,the. Driveway
Costs described in sucs~ Driveway Reimbursement Notice which are owed by the Obligated gwner
~~ ~ to the Claimin Owner ursuant to this Para rah 3. As used herein the res ective
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"Proportionate Shares" of the Landowners shall be: (}thirty-four and 891100 percent (34.89%),
with respect to FAB, (ii} :eleven and 45/1:00 percent (;11.45%}, with respect to Stanley, and .iii}
fifty-three and 56/100 percent (53..66%}, with respect to TAC.
4. Contribution for Utility Construction. If an Landowner proposes to install, a
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sanitary sewer line, wafter line, storm sewer, drainage facility, electrical foci ity or ether utility
installation, system or structure within the Tract owned by such Landowner (thee Landowner
proposing uch construction being referred. to as the "Developing Owner" and each Landowner
to this Agreement who is not .the. Developing Owner being referred to as a "Non-Developing
Owner"}, and the City of College Station requires., as a condition to permittin uch construction,
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IFA8ICSCENTERWCCES3,AGM
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:that the applicable utility installation, system or structure the "Common Utilit " be constructed
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so as to serve not only the Tract ownedby the Developing Owner, but also any Tract .:owned b
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a Non-Developing Owner, such Non-Developing .Owner hall reimburse the Developing Qwner
~~ for the reasonable .additional .costs (the "Utility Costs"} incurred by. the Developing Qwner for
'~~ constructing such Common Utility to service the Tract owned by such Non-Developin Owner.
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The Utility Costs shall include (~} the cost.. of any portion of such Common Utility which excluswel
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serues the Tract owned _ , . ,,
b the N n-~ v I in
y o De e op g Owner, and iii) any add~t~onal cost for overs~zing
the _Corhmon .Utility. serving the Tract of the. Developing Owner so as to permit such Common
Ut~lety to also .service the Tract of the Non-Developing Owner. For purposes of this Paragraph
4, the cost for any Common Utility shall include the actual out--of-pocket costs to construct such
Common Utility, as well, as reasonable costs incurred in connection with the desi n of such
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ornmon Utility. Prior to constructing any Common Ut~l~ty, the Developing Owner shall furnish
proposed plans and specifications for the Common Utility to the Non-.Develo in owners .for
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approval by such Non-Developing Owners, which approval shall not be unreasonably.. withheld
or delayed.. Any objections by aNon-Developing. Owners shall be set forth in wrin to .,.the
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Developing Owner and shall specify ~n reasonable detail-the nature of such ob~ect~ons and the
revesions to the plans and specifications required to sddress such objections; and, notwithstanding
anything to the contrary contained herein,: if any .Non-Develo in Owner fails to furnish written
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objections to any proposed plans and specifications within fifteen 15 da s after recei t of such
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plans and specifications, such Non-Developing Owner shall be automaticall deemed to have
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approved such-.plans and spec~f~cat~ons and.. to have wowed any right to object thereto.. At such
ime as the' Developing owner incurs any Utility Costs, the Develo in Owner shall:furnish'written
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notice the "Utility Reimbursement Notice"} to the applicable Non-Develo in ', Owner re uestin [
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reimbursement from such Non-Developing Owner for the portion of such Utilit Costs re wired
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to be paid by such Non-Develap~ng Owner.. pursuant to this Paragraph 4. The _ Ut~l~ty
Reirnbur ement Notice. shall contain such invoices, receipts and other "back~'u "information as
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maybe reasonably necessary to confirm the nature and amount of the:. Utility Costs for which the
Developing Owner is requesting reimbursement. The Non--Developin pwners shall be entitled
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to request and obtain additional invoices, receipts and other back-u information that ma be
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reasonably necessary, in the event the original submitted Utility. Costs are not ro erl
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documented. The Non-Developing owners shall na be obligated tQ pay for. any Uti ity Costs
which were incurred ..for. items. which were not described in the agreed plans and specifications
for thee. construction of the applicable Common Utility, and the term "Utility Costs" shall not include
any such costs incurred for construction of a Common Utility which are not consistent with the
approved plans and specifications for such Common Utility.. Within thirt 30 da s after recei t
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~~ of a ..Utility Reimbursement Notice but sub'ect to the rovisions of Para rah 5 hereof th
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applicable Non-Developing owner shall pay. to the Developing Owner an amQu~nt equal to the
:portion of the Utility Costs .described in such Utilit Reimbursement Notice which are owed b
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such Non-Developing Owner to the Developing Owner ursuant to this Para rah 4.
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5. D ferred Payment by Stanley, Notwithstandin the rovisians of Para ra hs 3 and
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4 hereof, Stanley may elect to defer payment to FAB and TAC of an Drivewa Costs or Utilit
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Costs owed by Stanley-to FAB or TAC pursuant to Parahs 3 and 4 hereof until'the date (the
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:Development Gate }which ~s the earlier of (~} the date cpon which Stanley sells:, transfers or
conveys title to all or any portion of the Stanley Tract to any third part , or ii the date u on which
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-if Stanley, its employees, agents or contractors, commence construction of an ermanen
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improvements on all or any portion of the Stanley Tract;. provided, however, that in the event
Stanleyelects to defer payment of any Driveway.. Costs andlor Utilit Costs until the Develo merit
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Date, Stanley hereby .agrees to pay to FAB andlor TAC (as applicab a on or before the
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Development.Date, ~n add~t~on to the applicable Driveway Costs and/or Utlit Costs, interest on
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-.ouch prweway Costs ..and Utility Costs:,, at a rate of interest equal to the Prime Rate as
hereinafter defined}, from the date of receipt by Stanley of the .applicable Drivewa
:Reimbursement Noti , . _Y
' ce or Utility Reimbursement Notice until the Develo merit Date r
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~ of payment by Stanley, if earlier}. As used herein, the "Prime Rate" shall mean the rate which
.::from time.. to time. is announced or published by FA6 for its successor as its Base Rate of
~nterest;_prov~ded, that if FAB ceases to announce or .publish a Base Rate of interest, the Prime
Rate shall thereafter mean the prime rate of interest orbase rate of interest announced or
published from time to time by a federally insured financial institution in Brazos Count Texas
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selected by FA6 or the then owner of the FAB Tract., In the even Staple receives an :Orly w
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Reimbursement_ Notice or Utility Reimbursement Notice ror to the Develo
p pment Date,. and
Stanley fa~1s to pay to FAS or TAC has applicable}the amounts owed b Staple ursuant to su h
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Driveway Reimbursement Nonce or Utility Re~rnbursernent Nonce within hint 30 da s after
receipt thereof, Stanley shall be concluswely deemed to have..elected to defer a merit of
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~, Stan ey portion ofthe applicable Drweway Costsor'UtilityCostsuntil the Develo merit Date and
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1FABICSCENTERWCCESS,AGM
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EXHIBIT ,~A,~
~FA6 Tract ~.egai pescriptivn)
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.EXHIBIT ~~p~,
Access Easement ~,e al DesGri tion
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FIELD NOTES
3~' Wide. Easement