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Home My WebLink AboutLegal Documento.- ~ ,~ ~,. STATE OF TEXAS j j COUNTY OF BRAZOS j DEVELOPMENT AGREEMENT ' entered into this the da;y of This Agreement is 992 b and between the CITY OF C4]LLEGE i 1 r y Rube Munici al Corporation (hereinafter re- STATION, a Texas..Home p n ~~ and PEBBLE CREEK.DE~VELOPMENT CCRP4RATION, a ferred to as CITY j, ' hereinafter referred to as "PEBBLE :CREEK"j. Texas Corporation K is the owner of the property described WHEREAS,.. :PEBBLE CREE ' ~~A~~ attached and incorporated herein by reference; in ..Exhibit , and CREEK has filed a fina subdivision plat for WHEREAS, ...PEBBLE the headin of PEBBLE CREEK Subdivision, Phase the property under _ g osed lat is attached hereto and incorpo- 2 C, a copy o f the... prop..:.... P rated., herein by reference.;, and ion of the PEBBLE CREEK Subdivision, Phase 2C ..WHEREAS., a port d n a ub C1 nt u Co a as se has been zoned:... and ..platted for u ry ' of Colle a Station Zoning Ordinance No. WHEREAS.., ..City g ib38 defines COUNTRY CLUB as follows.: I'~ It ad'acent to and Assocrated.Wth. A building or fac Y, 7 course_ o erated for social, educational, oY' a golf ~ p b~: recreational purposes. The primary sport shall a sorts uses may ..::include swimming, golf,...... Second, .ry . p tennis, racquet sports, equestrian activities anct similar sporting events. Other secondary uses may ' ~ eon- remise sale and consumption of food include.... th p and drink including alcoholic beverages; health cluk activities; the sale:. of sports: equipment, restaurant,, ~ and ro sho Additional uses include offering accom° p P ~~ modations on a dal rate for transient guests; reta]~ y sales, and mantenance..,.facilities. as~ss~ dilc/agreement/pebble2 a ~P 17 jZ- { . s AS PEBBLE CREEK is currently constructing a golf .WHERE , intends to co~nence construction of permanent fac:ili- course -and ties for the Country Club in September, 1992; and AS PEBBLE CREEK has requested_a building permit to ..WHERE , m ora facilities adjacent to the site at Which pE:rma-- erect to p I"y Club facilities shall be constructed as depctE:d in Went Country ~+ site elan" attached.. hereto and incorporated hErein the temporary p Exhibit "8". S ecifically, temporary facilities by reference as p shall consist of the f of lowing structures a. One 28' x 60' portable building which shall serve as a Sales, Operations, `and Information Office; and .Golf Pro Shop• bl Two 12' x 20' portable buildings which shall serge as Restrooms and Locker Facilities for Country Club; One 60' x 100' art tent which shall serve as a Golf c. P Y , Cart Storage Facility :which shall. provide covered space for 4 0-50 electric "powered gol f carts ; d. Parkin Facilities for: 60 - 70 vehicles; g EREAS PEBBLE CREEK has requested authorization to operate WH , these teen ora facilities until the completion a.Country Club.: in p ry e construction of a ermanent Country Club facility; and of th P K a rees to com 1 with all City WHEREAS,....... PEBBLE CREE g p Y ordinances and idelnes in order to operate in the temporary facilities until such time ` as construction of the permanent ub has been com leted- obtained a final inspection, and Country C1 P , been issued a f final Certificate of Occupancy; and WHEREAS PEBBLE CREEK promises to use its. best effores to , substantiall com bete the construction of all per~ianent y p facilities on or before the end of 1993 osi ss2 di/clagreementlpebbie2 ~:2 4 ~ ~ ~ - 1 WHEREAS, subject to the following terms and conditions, the CITY agrees to permit the construction and operation of the, above-stated temporary facilities until a permanent Country Club has been constructed, obtained a f-final. inspec ion and beenissued a certificate of occupancy by the City; and WHEREAS, PEBBLE CREEK:'s purpose in requesting to- operate in tem ovary facilities is to enable PEBBLE CREEK to prcwide p services to .club members during construction but recognizes that apermanent Country Club facl y must meet the City of Co~Llege Station Zoning and. Subdivision Ordinances; and WHEREAS,: the City Council has;de ermined that the :operation of a Country Club 'in temporary facilities during construction of permanent facilities would not endanger public health, safety or .general Welfare, or detrimentally offect _the integrity of the .City's comprehensive :plan; NSW, THEREFORE, for and in consideration of the -recitations above and in consideration of the promises and covenants. herein expressed, the patties do hereby agree and covenant as follows: 1. PEBBLE CREEK agrees and understands that a final sub- division plat must be approved by City prior o the issuance of a building permit t s } for temporary club f acil hies . PEBBLE.. t~REEK further understands and agrees that required infrastructure, including but not limited to sewer, streets, street lights, drainage and water has not been designed, constructed or .guaranteed as required to approve and file for record the final subdivision plat. 061 fi92 . dilc/agreementlpebble2 3 '. J ~ . , - PEBBLE CREEK a tees to submit -Engineering construcaion 2. g drawin s Within six months from the date the final -plat is jEiled g of record in Brazos County. 3. In accordance with the Engineer's construction cost estimates PEBBLE CREEK shall deposit One Hundred Thirty-six Thousand. Nine Hundred .and One Dolbars x$136,901.00) to guarantee the construct-ion. of infrastructure required by the City of Colle a Station Subdivision Ordinance, Chapter 9 of the City of g Colle a Station Code of Ordinances, including but not limited to g sewers, streets, street lights, drainage and .water to serve Blocks 19 20- and 21 on the final plat. Such construction grantee shall. be provided to CITY on or before July 10, 1992, and shall not be released until completion of the aforementioned im rovements and acce tance of such improvements by the City p _ p Engineer. 4. PEBBLE CREEK agrees to deposit an additional $10,000.00 on or before July 10, 1992, to guarantee that PEBBLE CREEK shall draft Restrictive Covenants which shall_provde that the Property Owner's As ociation shall maintain all vegetative landscaping for all ri hts-of-Way in the subdivision. Such Restrictive Covenants g shall be submitted to City:.. for its review and approval prig to filing Restrictive Covenants of record.. in Brazos County. 5. PEBBLE CREEK agree toprovide a "te~riporary site plan" and shall obtain site ..plan approval by Project Review Committee for the ro: osed temporary facilities attached as Exhibit "H". p- p 6. PEBBLE CREEK shall be issued a building permit for its tem ora facilities u on approval by :.CITY of the temporary site p rY p 061692 dilc/agreemer>tlpebble2 4 a k • plan, submission of the construction guarantee and additional guarantee of the preparation of the restrictive covenants. 7. A11 temporary Club facilities shall obtain final inspection (by City prior to the i suance of a temporary certificate o f occupancy 8. Temporary Club. facilities shag be permitted to open on July 11, 1992, provided a temporary certificate of occupancy has .been issued for the facilities. 9. Upon the issuance of a certificate of occupancy or -partial certificate of occupancy by CITY for the permanent facil- ty, PEBBLE CREEK shall remove the corresponding temporary facility in its entirety within five (5) days. 10. `OFF STREET PARKING...REQUIREMENTS There- shall be off=street... parking spaces provided for motor vehicles in accordance with the requirements specified herein. a. Area for parking shall be sufficient to accommo- date 70 vehicles as determined by the City Planning Department...; b: Surface of the parking lot; may be gravel or some other temporary material as approved by the City. Engineer; c. The lot must be-designed to accommodate drainage in accordance `with the City's drainage ordinance as approved by the City Engineer. d. The parking lot -must either be brought up to furl compliance with .:parking lot standards applicable to the use: as required by the Zoning Ordinance, or be removed and the area no onger used for the parking of vehicles when construction- of the permanent Club has been completed. 1:1. PEBBLE CREEK shall ensure that the water line located on the property is adequately protected from damage during ostss2 dilc/agreement/pebbie2 _5. construction. PEBBLE CREEK Warrants that any protection measures are of the hi hest -quality. If water line is damaged during g construction, PE88LE CREEK agrees to repair the line: at no cost y Y • r i d That CITY shall be entitled to Two Hundred Do lags ($:200.00) per day for each ....:day that PEBBLE CREEK` violates the terms of thi agreement. e. That CITY shall be entitled to pursue any ether remedy available to it. 15. All notices and documents required herein shall be sent and rovided to the parties at the addresses-....and telephone P numbers listed below: PEBBLE CREEK DEVELOPMENT COMPANY PO. Box 574 Bryan, TX 77806 Mr . A . P . Boyd Phone: (409) 779-1112 City of College ..Station City Engineer P 0 Box 9960 College Station, Texas-7784:0-0960 ~~ Phone; (409) 76:4-3570 ' erred received when de be all ~~ All notices and_.,documents sh mailed w h sufficient postage and deposited in a regular m~~ilbox of the United States Post. Office. The parties may:..c:hange addresses u on thin 30 da s' written notice. sent certified P Y ( ~ Y ' t re_ ested. n recei retur mail P ld. This A reement shall be filed of record in the:Of~Eicial g Records of the Brazos County Clerk, Brazos County, Texas. 17. Neither this A reement nor any interest therein shall g be assigned without prior approval of CITY. 18. This Development Agreement has been -made. under and shall be overned by the laws of the State of Texas. venue shall g ' court of com etent 'urisdiction in Brazos. County, Texas. lie in a p 7 If it is determined hat the CITY OF COLLEGE STATION fiad no :PEBB then t A reemen ~! authority o enter into this Development g , ostss2 dilc/agreementlpebbie2 ~ - ees that it shall close operations at the empc~rary CREEK agr ' ct the ermanent Country Club Facility in facilities and constru_ _p ' Colle e Station Subdivision Regulat~~ons, accordancewith....Clty of q ' sdered to be returned to the position he..was each party being:., con