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Home My WebLink AboutLegal Document , ' STATE OF TEXAS ) ) COUNTY OF BRAZOS ) DEVELOPMENT AGREEMENT Th.:is Agreement is entered into this the day of 1992, by and between the CITY OF COLLEGE STATION, a Texas .Home Rule Municipal. corporation (hereinafter re- ferred to as "CITY")..., and PEBBLE. CREEK .DEVELOPMENT CORPORATION, a Texas Corporation (hereinafter referred to as "PEBBLE CREEK"). WHEREAS, PEBBLE CREEK is the owner of the property described in Exhibit "At., attached and . incorporated herein by reference; and WHEREAS, PEBBLE CREEK has filed a final subdivision plat for the property under the heading of PEBBLE CREEK Subdivision, Phase 2C, a copy of the proposed plat is attached hereto and incorpo- rated herein by referencei and WHEREAS, a portion of the PEBBLE CREEK Subdivision, Phase 2C has ,been zoned and platted for use as aCountryClubi and WHEREAS, City of College station zoning Ordinance No. 1638 defines COUNTRY CLUB as follows: Abuilding or facility, adjacent to and associated with a golf course, operatedfor<social, educational, or recreational purposes. The \ primary sport shall be golf. Secondary sports uses>may include swimming, tennis, rilcqu.etSports, equestrian .... activities and similar sporting . evellts. Ot.her ....secondaryusesmay include: . theon-pren1ise~aleiand consumption. of food and.. drink. including alcoh()lic> beverages ;..health . club activ ities;the sale of .spol:"t.~equip1l\.eI1t,restaurant, and pro shop. Additional~~7~i.I1cludeoff~ring accom- modations on a daily rate fOp <1:.ransient guests; retail sales ,... .and .maintenance....facil.ities. 061692 di/c/agreemenflpebble2 WHEREAS, PEBBLE CREEK is currently constructing a golf course and intends to commence construction of.permanent facili- ties for the Country Club in September, 1992i and WH.EREAS, PEBBLE CREEK has requested a building permit to erect temporary facilities adjacent to the site at which perma- nentCountry Club facilities shall be constructed as depicted in the"temporarysiteplan"attached hereto and incorporated herein by reference asExhibitIB". Specifically, temporary facilities shall consist of the following structures: a.One28'x60, · portable building which shall serve as a Sales,. Operations , and Information Office iand Golf Pro ShoPi b. Two 12' x20'portable buildings which shall serve as RestroomsandLockerFacilities forCountryClubi c. One 60'X100'party tent wh.ich shall serve as .a Golf Cart storage Facility which shall provide covered space for40-S0electric poweredgolfcartsi d. ParkingFacilitiesfor60-70 vehiclesi WHEREAS, PEBBLE CREEK has requested authorization to operate a Country Club in these temporary facilities until the completion of the construction of apermanentcountryClubfacilitYiand WHEREAS, PEBBLE CREEK agrees to comply with all city ordinances and guidelines in ordert.o operate in the temporary of the permanent Country. Club ....has > been completed, obtained a final inspection, and been issuedafinalCertificateofOccupancYiand WHEREAS, PEBBLE. CREEK, promises to use its best efforts to substantially complete the construction of all permanent facilities. on or before the end of 1993i 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 beenconstructea,obtaineda.final inspection and been issued a certificate of. occupancy. by the city; and WHEREAS, PEBBLEc::REEK's purpose in requesting to operate in temporary facilities is to enable PEBBLE CREEK to provide services to club members during.. construction but recognizes that a permanent Country Club facility must meet the city of College stationzoningandSubdivisionordinancesi and WHEREAS, the City Council has determined that the. operation of a Country Club in temporary facilities during construction of permanent facilities would not endanger public health, safety or general welfare I or detrimentally affect the integrity of the city's comprehensive plani NOW, THEREFORE, for. and inconsideration of the recitations above and in consideration.ofthepromisesandcovenantsherein expressed,the.partiesdoherebyagree and covenant as follows: 1. PEBBLE .CREEKagr~es..and .understands....that a final sub- division platmpst be approved by city prior to the issuance of a building perntit(s) for temporary club facilities. PEBBLE CREEK further understands and agrees that r~quired infrastructure, limited to sewer., streets ,street lights, drainage designed, constructed or guaranteed as required to approve and file. for record the final subdivision plat. 2. PEBBLE CREEK agrees to submit. ...Engineeringconstruction drawings within six months from the date the final plat is filed 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 Dollars ($136,901.00) to guarantee the construction of infrastructure required by the city of college station Subdivision Ordinance, Chapter 9 of the city of College station Code of Ordinances, including but not limited to sewers, streets, street lights, drainage and water to serve Blocks 19 , 20 and 21 on the final plat. Such construction guarantee shall be provided to CITY on or before July 10, 1992, and shall not be released until completion qfthe aforementioned improvements and acceptance of such improvements by the city Engineer. 4 . PEBBLE CREEK agrees to.deposj.t an additional $10 ,000 .',00 on or before July 10, 1992, toguaranteethatP'EBBLECREEKShall draft Restrictive Covenants which shall provide that the Property Owner's Association shall m.aintain all vegetative landscaping for all rights-of-way in the subdivision. SuchRestrictiveCovenants shall be submitted to city for its> review and app.roval prior to filing Restrictive(C()venantsof record in Brazos county. 5. PEBBLE CREEK agrees to provide. a "temporary site plan" and shall obtain site plan approval by Project Review committee for the proposed temporary facilities>attachedasExhibit "Bit. 6. PEBBLE CREEK shall be issued abuilding permit for its temporary facilities. upon approval by CITY of the temporary site 061692 di/c/agreement/pebble2 - 4- plan, submission. oftheconst,ructionguaran.tee and additional guarantee of the preparation of the restrictive covenants. 7. All temporary Club facilities shall obtain final inspection by city prior to the issuance of a temporary certificate of occupancy; 8. Temporary Club facilities shall beperrnitted to open on July 11, 1992,provide.d <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- ity, PEBBLE CREEK shall remove the corresponding temporary facility in its entirety within five (5) days. 10 . OFFSTREETPARKINGREQUIREMENTS There shall ..be off-street parking spaces provided for motor vehicles in accordance with the requirements specified herein. a. Area for,parl<'.ingshall be sufficienttoaccommo- date 70 vehicles as determined by the City Planning Departmenti b. Sl.1rface/oftheparking lot may be gravel or some other temporary material as approved by the City Engineer; The lot must be d7si9nedto accommodate drainage in ... aq?c;>rdancewi1:11th~City' sdrainage ordinance as<......C\ppr()ved ... by.. ..thecity. Engineer. d. ThepP:rkinglot11l1.lsteit.heribe brought up to full cOIllplianqewitllpaplcin.glot ... standCirds .... applicable totl1.~l.lsea~r~quired .... by the .Zc;>ningordinance ,or bere11l0yed .and\1:heareano \lOI1gerused for the parking. .of .... v7fu.i.cles when.. construction of the pennanentClub...:gas>been .compl eted . PEBBLECREEKsha.ll.ensl.1re. that the water line located on the property is adequately protected from damage during construction. PEBBLE CREEK warrants that any protection measures areofthehigh~st qual i ty. If waterline is damaged during construction, PEBBLE CREEK agrees to repair the line at no cost to CITY;~i 12. PEBBLE CREEK agrees to provide an 80 ft. turnaround as depicted on the attached site plan for emergency fire access to the temporary site; 13. The temporary certificate of occupancy for temporary facilities shall be revoked at CITY's discretion, upon the happening of anyone of the followi.ng events: a. Any change in the existing structures as shown in Exhibit "BIf. b.Anychange in the proposed use of the buildings as designated in ,this agreement; c.Anydamage to thew.aterline, pursuant to Section 7 herein, not immediately repaired to city standards. 14. Intheevent.that PEBBLE CREEK defaults in theperfor- mance of the terms of this agreement . PEBBLE. CREEK understands and agrees as follows: a. That. the> tendering/of this document with a sworn statement of the City Eng ineerthatPEBBLE CREEK is in default of the terms herein shall constitutesuffiGiellt evid.ence .for confession of judgn17ntaI1dI>:EI3BLE CREEK agrees that it does hereby.confessjud.gment. ThatCITYshallbe~Iltitled upon twenty-four . (24) hours'. notice .P()ptTdonthe. ... premises .to · discon- n.ect . .all uti:L~t.x>service. and \tiithd,raw any certi f icateof.09cupancy ...previous.ly .issued. That CITY shal1.>J:>7.entii:ledto pn injunction ac:Jainst..PEBBLE/R~EI<p:rohibit.ing..the Use. of the premisesfor.any:co:nunercialpurpose. -.6-- d. That CITY shall be entitled to Two Hundred Dollars ($200.00) per day for each day that PEBBLE CREEK violates the terms of this agreement. e. That CITY shall be entitled to pursue any other remedy available to it. 15. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below: PEBBLE CREEK ... DEVELOPMENT COMPANY P.O. Box 674 Bryan, TX 77806 Mr. A.P.Boyd Phone: (409) 77:9-1112 city of College .station City Engineer P.o. Box 9960 College station" Texas 77840-0960 Phone: (409) 764--3570 All notices and documents shall be deemed received when mailed with <sufficient postage and deposited in a regular mailbox of the united states Post Office. The parties may change addresses upon thirty (30). days' written notice sent certified mail return receipt requested. 16. This Agreement shall be filed. of record in the Official Records of the Brazos County Clerk, Brazos County, Texas. 17. Neither this Agreement nor any interest therein shall be assigned without prior approval of CITY. 18. This Development Agreement ..has been.. made under and shall be governed by the laws of .theStateofTexas. Venue shall lie in a court of competent jurisdiction in Brazos County, Texas. If it is deterlllinedthatthe .CITYOF COLLEGE STATION had no author ity to enter into this Development Agreement, then PEBBLE 061692 di/c/agreemenflpebble2 - 7 - CREEK agrees that it shall close operations at the temporary facilities and construct the permanent Country Club Facility in accordance with City of College station subdivision Regulations, each p?\rty being considered to be returned to the position he was in before this Development Agreement was .enteredinto. 19. Intheievent of litigation., PEBBLE CREEK agrees to pay and shall pay all of the attorney's fees,court costs and other litigation costs of CITY. 20. PEBBLE CREEK shall provide proof of its authorization 'to execute this Development Agreement, which proof of au tho- rization ..to sign is... attached hereto as Exhibit "C". Executeqthfs the____dayof ,1992. PEBBLE CREEK DEVELOPMENT CO. CITY OF COLLEGE STATION BY: d?~ BY: Mayor Larry Ringer ATTEST: connie Hooks, City Secretary Ron Ragland, city Manager APPROVED AS TO FORM: GlenniSchroeder, . Execiutive Oirector...Fiscal & Human Resources 061692 di/c/agreement/pebble2 THE STATE OF... TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGEMENT Before me-,the undersigned authority, on this day personally appear~d as of PEBBLE CREEK DEVELOPMENT CO., a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged.. tome tha'the executed the same for the purposes and cOllsideration therein expressed. Given under my hand and seal of office on this the day of ,1992. Notary <Public in and for The state of Texas THE STATE OF<TEXAS ) ) COUNTY... .OF BRAZOS) ACKNOWLEDGEMENT Before me, 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 acknowledged tome that. he executed the same for the purposes and considerationther~in ..expressed. G.iven uIldermy>hand and seal of office on.this the Notaryd..Publ.ic ..........ill..and The state.of Texas