HomeMy WebLinkAboutLegal Document
DEVELOPMENT AGREEMENT
AMENDMENT.NO.l
~
~
~~
This Agreement is entered into this ___ day of January 1995, by and between the
CITY OF COLLEGE STATION, TEXAS, a Texas Home Rule Municipal Corporation
(hereinafter referred teas "CITY") and BEOONIACORPORATION (hereinafter referred
to as "BEGONIA"), a Texas Corporation, and amends the development agreement
enteredinto by and between the parties dated the 18th of January, 1993.
WHEItEAS,BEGONIA'sorigmaIMaster Development Plan and zonmg
classification. for .~. its property was approved by CITY on June 11, 1992 with a
modification.. of the proposed. zoning. reducing the. commercial zone that. fronted on Rock
Prairie Road; and
WHEREAS, the development of Phases I - III of Edelweiss Estates has been ~~ct.
/!
\IV'Jaccordanc.e with the Innell, 1992 Master Development Plan; . and I
WHEREAS, the January 18, 1993 Development Agreement executed by the
parties herein govemsthe development of the property in conjlll1ctionwith the Master
Development Plan; . and
WHEREAS, the amendment of the Master Development ..Plan by. BEGONIA
necessitates the amendment of the January 18, 1993 Development Agreement to address
the changes in the Master Development Plan;
NOW, .THEREFORE, for and in consideration of the recitations above .and in
consideration.ofthe promises and . covenants herein expressed, the parties do hereby agree
and. covenant to amend the January 18, 1993 ..Development Agreement as follows:
1. Revise.dMasterDevelopmentPlan
All future development of Rock Prairie and Edelweiss Estates shall be in
accordance. with the. revised Master Development Plan . as approved by the College . Station
Ci1yConncilon January 12,1994. A copy of the Master Development Plan is attached
hereto as Exhibit. A and incorporated herein by reference.
Contract No.
rrwlc:lcontractlbegadml
- 1-
" ~
2. Order of Phasing of Edelweiss Estates
The order of Phasing ofE.delweiss ..Estates shall b~amendedfrom that contained in
the January 18,1993 Master Development Plan to the revised phasing as contained in the
Master Development Plan approved bytheCollegeStatio~City Council on January 12,
1994. In accordance therewith, Section ICe) of the 1993 Development Agreement is
amended to reflect the change in phasing order.
3. Extension of Rock Prairie Road
Section 2 (a) of the January 18, 1993 development agreement is deleted in its
entirety. The new Section 2 (a) shall read as follows:
(a) BEGONIA shall extend and construct Rock Prairie Road from the western
boundary of the Devonshire Subdivision to Wellborn Road. Said extension and
construction shall be completed prior to abandonment by CITY of the right-of-way
contained within North Graham Road from Wellborn to Victoria Avenue.
Additionally, . the construction of . Edelweis~ Avenue from Rock Prairie Road to
North. Graham Road . shall be. completed prior to. abandonment ..of North Graham Road by
CITY rromVictonaAvenue to Edelweiss Avenue.
Upon completion of construction by BEGONIA and acceptance. by CITY of Rock
Prairie Road and Edelweiss Avenue, CITY agrees to abandon and convey, at no cost to
BEGONIA, the right-of~waycontained within North Graham Road from. the east side of
Victoria Avenue to the east . side of We lib om. Road which consists of 'approximately six
acres of land.
4. All other terms and conditions of the .January 18, 1993 development agreement
remain in full force and effect and are expressly incorporated herein by reference.
5. Reimbursement of Costs
BEGONIA agrees to pay forCITY.scostofpreparation of this development
agreement in accordance with City Council Policy. CITY shall remit a bill for said costs
Contract No.
rrwlc:lcontractlbegadml
-2-
STATE OF TEXAS )
)
COUNTY OF BRAZ.OS )
ACKNOWLEDGMENT
Thisinstmment was acknowledged on the day. of
1995, by ,in his capacity as ,
of,aT.exasCorporation, . on behalf of said
corporation.
NotatyPublicinand for
the State of Texas
STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGMENT
Thisinst'1"llment\Va.sacknewledg~d()nthe.. ... dayof ... ... .'
1995, by.Larry Ring~l" ip...hiscapacityas..Mayorofthe City of College. Station, a Texas
Home Rule Municipality, on behalf of said municipality.
Notary Puhlicin and for
the State. of Texas
Contract No.
rrwlc:lcontractlbegadml
-4-
~ .
same byBEG()NIA.
SIGNED this the
day of
, 19_.
BEGONIA. CORPORATION
CITYOF.COLLEGE..STATION
DATE
BY:
MayorLanyRinger
BY:
Representative
DATE
ATTEST:
Connie Hooks, City Secretary
DATE
APPROVED:
Tom Brymer, . Interim City Manager
DATE
Cathy Locke, City Attomey _
DATE
GlennSchroe<ler,Ex;ecutiye
Director.. of. FiscallHuman Resources
DATE
Contract No.
rrwlc:lcontractlbegadml
- 3-
~
$
PARTIAL....RELEASE.OF.....f)~\tELOPMEN'T.AGREEMENT
THE STATE OF TEXAS
COUNTY.... OF BRAZOS
~
'.":s:~.,.~KNOW ALL MEN BY THESE PRESENTS:
,':''!'~:...~
WHEREAS, THE CITY OF.CQ.LLEGE .S17ATION,TEXAS.. and BEGONIA
CORPORATION entered into that~~nDevelopmentAgreement. dated January 18,
1993, .>and ... recorded.. in ..Volume ..1796,~ue208,....OfficialRecords.....of Brazos . County, Texas;
and
WHEREAS,for>a goodandv,h_ableconsideratiollp.aid to . the undersigned . which
IS herebY......acknowledged,<THE ..CITY .OP.. . COLLEGE STATION, TEXAS, hereby
RELEASES AND DISCHARGES the property described below from the obligations
created......under the .....Development....Agreement......described. ..herein:
Being all that certain 8.973.. acres tract or parcel of land lying and being situated
in the ROBER.T STEPHENSON LEAGUE, ABSTRACTNO. 54, . College Station,
Brazos... County, . Texas, and. being a portion .. of. a.called 159.657.. acre tract as
described by a Deed to Lieven 1. Va.nRiet recorded in Volume 331, Page. 39 of
the. Deed Records of Brazos County, Texas, . and being. more particularly. d.escribed
as follows: .
BEGINNING at. ayzuironrodfound marking the East corner of said 159.657 acre tract
on. the .Soutbwest....R.ight-of-Way line .of.Schaffer..Road, said iron . rod also. marking . the
North. comer ofa ca.lled4.00 acre tracta.sdescribed by an extension of Real Estate
N oteand Lien ....... (maker: TexasA&MR~search . Foundation, a . . Texas non-profit
corporation, payee.: . FirsLCity National Bank of Bryan), recorded in Volume 1863, Page
339, of the. OfficialPublicP.:ecordsofBrazosCounty, Texas;
THENCE S 410 5W071'Walong the Southeast line ofsaid159.657 acre tract and the
Northwest line of said 4.00 acre tract, at 400.56 feet pass a 5/8" iron rod found marking
the West cOfnerof said 4.00 acre tractandtheNorthcornerofa called 2.62 acre tract
as described by a>(ieneraIWarranty DeedfrQm Freddie Lee Curry, et ux to Texas A
&M Research Follndation, T~corded in Volllme 1026, Page 55 of the Official Records
of Brazos County,T~xasat 662.96 feet pass a 5/8" iron rod set marking the West comer
of said 2.62 acre. tract and the North. corner<of a called 2.6 acre tract as described by
a . deed. to Fire Security Systems,. Inc., recorded in Volume ...1228, Page 61 of the Official
Records of Brazos (Jounty, Texas,cQntinueon for a total distance of 923.32 feet. to a
5/8" iron rod..setmarking.t~eWest corner of said 2.6.acre .tract, for reference, a 1/2"
iron rodfoundlllarkingthe South corner <of said 159 .657 acre tract bears S 410 58' 07tt
W > for .adistanceof2802.65. feet;
fJf~
THENCE through said 159.657 acre tract fot the following calls:
N4So32'lS"\Vforadistanceof 421.59 feet toa 5/8" iron rod set marking the
West corner of this tract;
N 410 45'11t1Efof a di~tance of 923.40 feet to a 5/8t1 iron rod set on the
Southwest Right-of-Way line of Schaffer Road;
THENCE S 480 31'29t1 EalongsaidRight-of-Waylinefor a distance ofA25.06 feet to
thePOINTOFBEGINNING....containing8.973...acres..of.land.
EXECUTED this .11!fl-day. of ...~~ I ... . ..... · .. , 1994.
THE. CI , TEXAS
TEXAS
COUNTY ..OFBRAZOS
C\. ...... ~.... Th... i.S.i..~........~ ~ru.............m.......................~....................t.....................w...................a...........s........a......C.....k. n.......O..w.......led.........g........e.. d............. b.e......t.....o. r. e. m.....e.on.~...l... ........ ..... ,19.94. ,b.yE\~~. ..
qes ..............,\)\~ ........ ....... .......................... .... ofTHECITYOFCOLLEGETION, TEXAS, a
corporation, on behalf < of .... said .. . corporation.
Cf3-3h
. '"'..~ .... . .
..
STATE OF TEXAS
)
)
)
520858
COUNTY OF BRAZOS
DEVELOPMENT. AGREEMENT
This Agreement is ~ entered into .is
--d.~,.......~ 1993, by and between the CITY OF COLLEGE
STATION, TEXAS a Texas Home Rule Municipa~ Corporation
(hereinafter referred to as "CITY"), and BEGONIA CORPORATION
(hereinafter referredtoa.s "BEGONIA"), a TexasCorporat'lon'.
WHEREAS, BEGONIA is the owner of 292. 165 acres in the
Crawferd.Burnett League, Robert Stephenson Survey,Brazos County,
Texas, described, in. Exhibit "A", attached and incorporated
herein by reference; and
WHEREAS, BEGONIA 'has submitted a Master Development Plan
(attached hereto "and incorporated by reference as Exhibit "B")
for the property coupled with proposed zoning classifications of
the property; and
WHEREAS, the City council has approved the'Master Plan on
June 11, 1992, with the proposed zoning classifications subject
to reducing the commercial zoning
fronting on the unbuilt
portion of Rock prairie Road; and
WHEREAS, BEGONIA is currently going through CITY's subdivi-
sien platting process.
A preliminary plat of Phase A-I of
Edelweiss Estates has been approved by CITY; and
WHEREAS, as part of final plat approval of any part of Rock
Prairie Estates, BEGONIA is required-to construct Rock prairie
Road to Wellborn Road; and
011393
di/cl agreement/begonia
vo~ 179()p~G~ .208
...... lA" ~
WHEREAS,' B.EGQNIA wishes to defer the construction of Rock
prairie Road until submission ofafinal plat for Ro.ck prairie
Estates toCityCouncil.for approval; and
WHEREAS,>BEGONIA.requests thatCI'J# pay oversize participa-
tion on .VictoriaAvenuefrom Arnold Road through the sub'divisi.oni
and
WHEREAS, BEGONIA wishes to dedicate additi.onal land to CITY
containing a drainage detention basin ....vlhich services Edelweiss
Estates and Rock prairie Estates for. CITY's sole use; and
WHEREAS, CITY agrees to close Arnold Road to vehicular
traffic and retain it as a right-af-way for pedestrian and
bicycle traffic; and
WH~REAS,CITY requires asacondi tionofplat approval of
the commercial property that buffer zones twenty feet (20' ) in
width are provided between commercially zoned and residentially
zoned property. in these. subdivisions;
NOW, THEREFORE, for and inconsideration of the recitations
above and inconsideration of the promises and covenants herein
expressed', the parties do hereby agree and covenal1t as follows:
1. Construction and Desiqn of victoria Avenue
BEGONIA, as a condition of plat approval on Phase A-l of
Edelweiss Estates, shall construct that portion of victoria
Avenue contained within Edelweiss Estates beginning at Arnold
Road and continuing south to the beginning of Phase A-2.
CITY agrees to permit BEGONIA to defer the construction of .
the aforementioned portion' of victoria Avenue until the CITY
vo~ 179B p~Gr 209
011393
di/c/agreement/begonla
-2 -
. ~
places the construction contract for victoria Avenue from North
Graham Road to Phase A-lout to public bid under the "following
terns and conditions:
(a) BEGONIAguara.htees the. costtlof construction for its
pOl:1tion o.f victoria Avenue for phase A-I with an irre-
vocable letter of credit. The letter of credit shall
be deposited with the City Engineer within ten (10)
days of the.final plat approval for Phase. A-land shall
bea condition of final. plat approv,al. BEGONIA shall
submit a construction cost . estimate for the Phase A-I
portion of victoria Road prepared by McClure Engineer-
ingto establish the total amount of f\lnds necessary to
be guaranteed by the letter of credit. . The.letterof
credit shall be released to BEGONIA upon completion of
construct ion, ... .a.cceptanceof r'oadway by CITY ..and,;presen-
tation by BEGONIA of an affidavit of bills paid from
contractor.
(b) BEGONIA agrees to jointly bid its portion of victoria
Avenue within the subdivision between Arnold Road and
Phase A-2 with the CITY when CITY places its portion of
victoria Avenue out to public bid.
(c) BEGONIA agrees to award the construction contract to
contractor chosen through the public bid process.
(d) BEGONIA enters into a construction contract with
contractor within 10 days of award of the construction
contract for victoria Avenue.
(e) BEGONIA agrees to act as OWNER of the construction
project and be responsible for entire project.
(f) "BEGONIA agrees to act as CITY's representative for
purposes of payment to contractor for CITY's portion of
the contract price.
(g) Payment.Procedures
(1) CONTRACTOR shall submit applications for payment.
Applications for payment will be processed by
BEGONIA. CITY shall make progress payments on
account of the percentage of the contract price
owed by CITY on the basis of CONTRACTOR'S applica-
tions fo.rpayment as recommended by BEGONIA. On
or about the 20th day of each month during con-
struction, as provided below, all progress pay-
ments will be made on the basis of the work.
~~~7:;eement/begOnia vo~ 1796 f'AGf21 0
- 3 -
Prior to substantial c:ompletion, progress payments
will be made in an amount equal <to the percentage
completed, but _ in each case less theagg.regateof
payments' previously .. made and. .less amounts as
BEGONIAshalldeter:mine or CITY may withhold in
accordancewith..this...contract. Upon .final comple-
tionandacceptanceofitl)~work in.accor'dance with
thecon-eract,.. CITY..shal.pay the :remainder of the
contraot:pricefoit" itS percentage. of project less
the retainagewhichshallbe ... retained fora period
of thirty .....( 30) days therefrom .
(2) On or before the 25th day of each month, the
CONTRACTOR shall prepare and submit to BEGONIA for
approval or mOdification,a statement showing: as
completely as practicable, the.totali"alue.of:the
work done by the CONTRACTOR up toand>inclucling
the last day of the preceding. month~. i '. said sta:t:e-
ment shall also include the value . of!~llmater.~~ls
delivered on the site of the work'tl1~..l:. a17et<;>J,be
fabricated into the work. and perc~:nt~g~,of ..."fprk
complet.ed. CITY. shall then pay ....~~qONI;A . pn,ior
before. . the loth day of thefollowji1Jl<iJm9ntl'l.ithe
percentage of total amount of. the:s-qatem~rit::9Vled
by CITY. for the. work. as approved by~~GON']J::A.,,~ess
tenper'cent (10%) of the amountthere6f,Whiqpi(t.en
percent (10%) shall be retained unt:il ..~~ral
payment, and further, less all prey.tousJi>~~~pts
and all further sums that may be ret,ained' by':t.he
CITY under the terms of this contrac.t~
(3) In the event that BEGONIA fails to pay contractor
for .its percentage of the work, such failure shall
constitute a default authorizing the drawdowI1of
funds guaranteedbytheletterofcredit'.byCITY.
If the funds guaranteed by thelett~r:of :qr,edit
are insufficient to cover the ac!tual cost of
construction for BEGONIA I S percentage. of ...Wd:r"k,
BEGONIA agrees that the tendering of: thiisgocumeint
with a sworn statement of the Director of Fi.nance
that BEGONIA is in default shall constitutesuffi-
cientevidencefor a confession of !judgment and
BEGONIA agrees that it does hereby confess
judgment.
CITY shall not accept any infrastructure in Edelweiss Phase
A-I unless BEGONIA has complied with all the above provisions.
Asa condition of plat approval for PhasesA-2 andA-3,
BEGONIA agrees to construct the remaining portion of victoria
vo~ 17H6 PAGf 211
011393
di/clagreement/begonia
- 4-
Avenue contained within Edelweiss Estates . from Phase A-2to and
including:.":Pha:seA-3 to: the end of. .theSubdivision upon the filing
ofa .finalapproved plat for Phase.A-J.
CITY".'agJ:;;~es to perini:t BEGONIA to.fer the construction of
victoria Avenue for Phases A-2and A-3 until CITY publicly bids
thepor-eiQn. of victoria Avenue that connects Edel.weiss Estates
south to ,Seuth.GrahamRoad under the same terms and conditions as
in (a) - (g)hereinab0ve;~
CITYagr~esto purchase sufficient right-of-way to construct
and agrees to construct that portion of victoria Avenue which
connects Edelweiss Estates south to "South Graham Road. Addition-
ally, CITY agrees to pave the unpaved portion of victoria Avenue
lying between North Graham Road and Phase A-l of Edelweiss
Estates.
CITY agrees to pay oversize participation on the difference
in the cost of construction between a 39 foot and 47 foot roadway
on victoria Avenue. Oversize participation shall be pursuant to
City of College station Subdivision Ordinance, Chapter 9, section
9.
CITY agrees to enter into a contract with McClure Engineer-
ing for the design of victoria Avenue and pedestrian and bikeway
facilities from its existing terminus at North Graham Road to the
intersection of victoria Avenu'e and South Graham Road under the
following terms and conditions:
(a) BEGONIA files a final approved plat for Phase A-I.
VOL 1796 PASf 212
011393
di/c/agreement/begonia
- 5 -
. .'
. I
(b) BEGONIA reimburses CITY for itsproportiona.teshare of
the design cost for victoria Avenu.e within ten (10) days' of final
plat approval for Phase A-3.
BEGONIA agrees to guarantee
reimbursement of its proportionate s.re of design cost for
victoria ..Avenuebased on an estimate. ..of such cost..... prepared by
McClure Engineering with an irrevocable lett~r of credit for the
benefit of the CITY, to be submitted to the City Engineer within
ten (10) days of final plat approval forPhaseA-1.
(c) Failure to reimburse CITY in full within ten (10) days
of final plat approval of Phase A-3shall constitute a default
authorizing thedrawdownof funds guaranteed by the' letter'o'f
credit for engineering design cost by CITY.
(d) That a written notice signed by the Director of Finance
stating that BEGONIA is in default shall constitute sufficient
authorization for thedrawdownonthe funds guaranteed by the
irrevocable Letter of Credit provided for the benefit of.the CITY
by BEGONIA.
Presentation by CITY, beneficiary of the Letter of Credit,
for colle~ctionbyDirector of Finance shall be in the following
form:
I ,Glenn Schroeder, Director of Finance (or
his delegate) hereby demand the drawdownof
the Letter of Credit No. in the
amount of $ for default of the
Development Agreement dated between
the City of College station and BEGONIA.
In the event that CITY is unable to obtain the remaining sum
due and owing to CITY through theirrevoc'able Letter of Credit.,
CITY and BEGONIA, agree that the tendering of this' document with
vo~ 17~}6PAGr 2.13
011393
di/c/agreementJbegonia
-6 -
, t ·
. ..
a sworn statement of tne Director of Finance that BEGONIA is in
default and CITY is-unable todrawdown on the Letter of Credit
shallconsti.tu.te suffid.i:ent evidence for a confes.sionofjudgment
and BEGONIA, agrees. that it doeshereby~onfessjudgment.
(~) BE.GONIA sha.llproceed with construction and final
platting of Edelweiss Es-tatesin the order of Phasing as depicted
on the master preliminary plan attached hereto as Exhibit liB",
unles;s otherwise approved -by CITY.
2.
CITY agrees to permit BEGONIA to. defer the construction of
Rock prairie until BEGONIA submits a final plat for approval by
CITY for Rock prairie Estates, as identified on the Master Devel-
opment Plan attached as Exhibit "B", under the following terms
and conditions:
(a) Upon sUbmission of a final plat by BEGONIA for Phase A-
10 of Edelweiss Estates, BEGONIA agrees to reconstruct North
Graham Road and upgrade .it to meet or exceed CITY standards.
Such reconstruction shall be undertaken in segments which
coincide with phases A-10andA-ll. Upon submissIon of a final
plat for Phase A-lO., BEGONIA agrees to reconstruct North Graham
Road west from victoria Avenue up to Phase A-1l.
The remaining
portion of North Graham shall be reconstructed upon submission of
a final plat for PhaseA-ll.
(b) BEGONIA agrees and understands that CITY will .not
approve a final plat for any phase of Rock prairie Estates until
vo~ 1796PAGf 2-14
:011393
di/c/agreement/begonia
- 7-
BEGONIA completes the extension<?fRockprairie.:Roadfrom
eastern bouhd~ry of the Begonia property to. Wellborn Road.
(0) Should the City C()uncildetermine that it
to extend~ockPrairie~Roadbefore' a-.nal plat is. submitted by
BEGONIA for . any phase of Rock prairie Estates, and CITY
constructs Rock prairie Road>extensionto CITY standards, BEGONIA
agrees to dedicate all right-of-way nE;!cessary for the extension
and agrees to be asse.ssed for the cost 'of construction of the
roadway and sign a lien for the cost of such assessment. The
lien .is attached as Exhibit "C". Such lien .will be filed in the
Brazos County Records on the property upon the commencement of
construction of the roadway by the CITY.
After the completion of Rock prairie Road, CITY agrees to
petition Brazos County to abandon that portion of North Graham
Road as depicted in Exhibit liB" attached hereto.
If Brazos
County agrees to abandon the portion of North Graham Road that is
within the County,CITYshall abandon the remaining portion of
the roadway proposed for abandonment.
3. '. .ParklandDedication
As part of plat approval, BEGONIA is required to dedicate
property within the subdivision for use as parkland as required
by the CITY Subdivision Ordinance/Chapter 9 I section 10. The
location of the parkland is depicted in Exhibit "B".
In addition to the required parkland dedication, BEGONIA
agrees to dedicate additional acreage located contiguous to the
p.arkasdepicted in Exhibit "B"forCITY'ssole use. The amount
011393
dile/agreement/begonia
vo~ 1796PAG~ 215
-8 -
".. ,
of acreage dedicated to CITY. Parks and Recr.eationDepartmentwill
be determined at the time the dr~ainage detention 'basin is
designed and constructed t>y BEGONIA .within this property to
service . Edelweiss and ..R6c'kP.rairie<Esta"s .
CITY agrees to accept the additional fee simple dedication
of land and maintain the drainagefacil.ity contained ..thereon
which services the above-named subdivisions under the following
terms and conditions:
fa) BEGONIA dedicates theabove.describedland to CITY in
fee simple at the time of submission of a final pat for Phase A-
1. BEGONIA shall reserve all mi.neral rights but agrees and
understands that no drilling or mineral exploration of any kind
shall be conducted on or under the property nor shall drill
sites, wells or mines shall be located on the fee simple surface
estate or parkland dedicated to CITY.
(b) BEGONIA constructs a berm on the south boundary of the
park site to act asa buffer zone between the park and the
adjacentcommercialjindustrialproperty.
The dimensions of the
berm shall be s.ix feet (6') high, eight feet (8') wide on the
top, and with a slope of 4-1 on each side. The berm shall extend
the entire length of the total park site and taper on each end
with a 4-1 slope.
(c) BEGONIA agr.ees to construct all improvements and
complete dirt work and berming for the parcel within thirty (30)
days of the completion of construction of the drainage detention
011393
dilc/agreem e nt/begonia
vo~ 1796p~Gf.216
-9-
basin.
AII.berming _ anddirtworkshall-beapP:rovedby CITY
Development Services and ...Parks....and ...Recreation.D~partment~
(d) Drainagefacilityconstru.ctedbyBEGONIA.shall serve as
a detentiqp..d:ra:lnage basfn.andnot.a re.ntiondrainage basin.
"
(e) storm water drainage control facilities shall be
completed and in place prior to the beginning of cqnstruction on
any phase of development which requires storm water flow into the
structures.
(f) After- excavation the drainage detention basin shall be
lined with six inches (6") of top soil.
(g) CITY Deve-Iopment Services and Parks and Recreation
Departments shall have final approval on the size and location of
detention drainage basin prior .to its construction.
(h) BEGONIA agrees to pay $25,000, in addition to the
berminganddirtwork specified hereinabove, so that CITY may
landscape the parkland.
Such payment shall be remitted to the
city Parks & Recreation Department within ten (10) days of final
plat approval of Phase A-I. BEGONIA may post a letter of credit
established for the benefi t of the City Parks & Recreation
Department in lieu of payment which shall act as a guarantee of
such payment and extend the time for payment until the completion
and acceptance by CITY of the drainage detentionbasin-. Payment
in full is due upon the completion and acceptance of drainage
facility.
City Parks & Recreation Department shall release the
letter of credit when payment is received.
Failure to pay
011393
di/c/agreementlbegonia
'1 ,.....,... .(1-0 ,. .2. ... -1 7
;' .: · . - _Ip~('r
v 0 ~ - --. "_ (_- ,n J ;'.. _ _ ... .
-10 ~
$25,000 in full when due shall constitute a default authorizing
the drawdownof.funds guaranteed by the letter ofcredit~
(i) All sidewalks, <.constructedon or,adj acent to the park
site will be located at the back ofthev_urb.
If BEGONIA fails to comply with provision of sections (a)
through (1) ab6ve,CITYmay ,atCITY 'soption-, r~ject 'the fee
simple dedication of land that contains the detention basin. In
such event, any and all responsibility for maintenapce of the
subject property and the drainage facility contained thereon
shall revert to Grantor, BEGONIA CORPORATI.ON,orits s1.1ccessorin
interest, or assignees.
4 . Arnold Road
Upon c9mpletionof the construction of victoria Avenue by
CITY and BEGONIA, CITY shall close Arnold. Road from Shaffer Road
to victoria Avenue to vehicular traffic and restrict traffic to
pedestrian and bicycle traffic. CITY agrees-to construct walkway
and bikewayirnprovements in thepedestrianjbicycle right-of-way
as part of the Victoria Avenue improvements within Edelweiss
Estates (up to Phase 2).
If McClure Engineering requires any
gravel to be .moved or removed for the walkway and bikeway
improvements, BEGONIA agrees to perform this work at no cost to
CITY.
BEGONIA agrees to pay up to fifty percent (50%) of the cost
of any and all drainage improvements necessary for the develop-
mentofEdelweissasdeterrnined by a licensed Engineer in this
011393
di/c/agreement/begonia
VOL 1796p~~~ 2-18
- 11 -
1 \
I'. ttl "
dedicated pedestrian/bieycle right-of-waya.nd CITY sl1a11.pC1.Y the
remaining balance.
BEGON'lA.agrees to.mai~tain the pe4estr.ian/bicycle right-of-
way until such time. q;s'itestablishestl< Homeowners I AssociatiQp.
after which such r<<asp.onsibility shall be assumed by th~
Homeowners Association.
BEGONIA further agrees .and covenan#~
that it shall establish deedrestric.tions and covenants that.
shall be filed in the Brazos County Records which establish the
responsibility for mainten'anceofthe pedestrianjbicycleright of
way as that of the Homeowners' Association in perpetuity~
BEGONIA .shall submit a copy of the deed restrictio~s to CIT.Y for
review and approval prior to filing said restrictions of record
in the Brazos County Official Deed Records.
5. Buffer Zones.. -Commercial Property
BEGONIAa.grees to provide such buffer zones as depicted in
Exhibit "B"pu,rsuant to CITY development policies which require~
that commercial zoning must develop and maintain buffers between
commercial and residential zones.
BEGONIA agrees to have its
plans for said buffer -zones approved by CITY Development
Services. Additionally, BEGONIA agrees to plant the buffer zones
with a twenty foot (20') wide strip of vegetation. Theresponsi-
bility for maintenance of the . landscaping contained within the
designated buffer zones shall be allocated to the
Property
Owners I Association through deed restrictions.
BEGONIA shall
submit a filed copy of such deed restrictions to CITY prior to
V...QI .1. 7..... (lr; 0.('[ .2....19
. . L ..' . ..~.-'f.J I~J;. , -:'_ .....
011393
dilc/agreement/begonia
-12 -
'. t , . . ·
filing said restrictions efrecord in the Brazos County Official
Deed Records.
6. CITY will stripe bike lanes on victoria Avenue on the
existing p,avedportiGn' (up tG North tr ah am Road) and on the
southern end ( from the bounCiary .of. the Edelweiss property to
South Graha.m Road).
CITY wi.ll alsostripe~bike. lanes on the
collector road in front of the pa:rk, the collector connecting
Welsh and North Graham Road, and along North Graham Road.
BEGONIA shall be responsible for completing the remainder of the
striping of bike lanes.
7. All notices and do~uments .requiredherein shall be sent
and provided to the' parties' at the addresses and telephone
numbers listed below:
City of College station
City Engineer
P.O. Box 9960
College station, Texas 77840-0960
Phone: (409) 764-3570
Begonia Corporation
1901 San Jacinto
Houston, TX 77002
Phone: (713) 654-0060
All notices and documents shall be deemed received when
mailed with sufficient postage and deposited inaregular mailbox
of the united states Post Office.
The parties may change
addresses upon thirty (30) days written notice sent certified
mail return receipt requested.
8. Neither this Agreement. nor any interest therein shall
be assigned by any party hereto without the written consent of
VOL 17~16 P~G: 220
011393
di/c/agteement/begonia
- 13 -
~ 'J ~,
.\,i. .
all other parties.
Thisdevelopm~nt agr~ement shall be binding
on successors-in-interest.
9. This Agreement shall befiled'of record in the. Official',
Records of the Brazos County Clerk, Bra~s County, Texas.
10 . In the event that BEGONIA fails to meet the require-
ments of this Agreement within ten (10) working Qays of notice
from CITY, the tendering of this development agreement with a
sworn statement from the city Attorney of CITY that BEGONIA is in
default of the terms herein shall constitute suft"icient evidence
for confession of judgment and BEGONIA agrees .thatit does hereby
confess jUdgment.
11. This Development Agreement has been made under and
shall be governed by the laws of the State of Texas. Venueshall
lie in a court of competent jurisdiction in Brazos County, Texas.
12. In the event of litigation, BEGONIA agrees to pay and
shall pay all of the attornoey'sfees, court costs and other
litigation costs of CITY if CITY prevails in suit.
13. BEGONIA agrees to and shall indemnify and hold harmless
CITY, its<officers, agents and employees, from and against any
and all claims, losses, damages, causes. of action, suits and
liabiiitybf every kind, including all expenses of litigation,
court costs, and attorney's fees, for injury to or death of any
person, or for damage to any property, arising. out of or in
connection ..with this......Development..Aqreement. Such. indemnity shall
apply where the claims, losses, damages, causes of action, suits
VOL t 79fhAG~221
011393
di/clagreement/begonia
- 14-
;~ t
[ .
..... C'
...\
or liability arise in whole or in part from the negligence of
CITY.
14 . The parties executing this Agreement. state that they
are each authorized to sign on beh'IJf of their respective
corporations..
IS. The Director of Development services shall administer
this contract for the City of College station.
Executed this the J~ t::t.. day of ~
, 1993.
BEGONIA .CORPORATION
BY:~O'~j ~,.~~
CITY OF COLLEGE STATION
. <-
BY : ... .. . . .. .. ..----
Mai L r- ..~. n~
A.........T...T.......ES...T....:.....................f".. ....~.................... '... .. .... . .. ..
C~, ' .
ConnieHooks,city.Secretary
APPROVED AS TO FORM:
C~~itY.Attorney
ennSchroeder, ...Executi ve
Director Fiscal & Human
Resources
vo~17H6p~,G~ 222
011393
di/c/agreement/begonia
-15 -
. ..
.. ~ . .,....
~(
THE STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGEMENT
Before me, the unciersignedauthority,on this day personally
appeared trJth'e$ Q ~w e I ( as ff~~ r~t2.AJ-+-
1ti~
of BEGONIA CORPORATION, a Texas corporat'ion, known to. me to be
the person whose name. is subscribed to the foregoing instrument,.
and acknowledged tome.that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office. on this the
of ~d~a~,1993.
L3!t-- day
EVELYN. HENDRICKSON
Notary Public. in and for
the State of Texas
My Commission Expires
January 29,1996
t .. .... . .... . /~-L
Nota~iCin.andfor
The state of Texas
THE STATE OF TEXAS )
)
COUNTY OF BRAZOS )
ACKNOWLEDGEMENT
Before m~, the undersigned authority, on this day personally
appeared Mayor LARRY RINGER, as Mayor of the City of College
station, a Texas Municipal Corporation, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledi;Jed tome that he executed the same for the purposes and
consi.derat i o:nthereinexpress ed.
· .~n~
Glvenundermy hand and seal of office on this the ~-
fL.eJ~~
,-'Y. . .//
day of
, 1993.
i~.~;;.:' . ;,,"M.:&i;~~~~ef1t?~f.f>- ~ ".. ,~
~. ""'L:~~~::~'~'. . PAM ALLEN
(/~l~\~ . NOTARY~P~BUC
~" '\ "'\:I,~",J~ l;;~ . State Of Texas
> \...::',:>.._...<>1-. .. ..Comrn.Ext:.05-18-96
?:.._,.:.:~r....~::".~:~:~~~.~~.
~.~~.
N~taryPublic in and for
The state of ..Texas
011393
di/c/agreement/begonia
VK 1796?AG:223
- 16-
;(}~e ; -rx, ~ (~ ~ .s/~
~N (10.; -4~5 Cv~1f )
4 -t-k L,~ ~~
~ ~e-I' l ~ l~ {79z.
~~~~'
LIEN
The request ..was received
overall improvement of the
from Owners as
property as
(1) TOTAL AMOUNT ASSESSED = TOTAL DOLLARS PER ACRE
292.165 ACRES
f
= MAXIMUM AMOUNT OF ACRES RELEASED
~
, 1993.
CITY OF COLLEGE STATION
under my hand and seal of office this the
, 1993.
day of
in
for
" \
of
-3 .-