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STATE OF TEXAS )
)
COUNTY OF BRAZOS )
DEVELOPMENT"" AGREEMENT
;<lhlS. Agreement is entered into . this the zt-fL day of
~1/M./ . .. ... ..... ... ., 1$92 , by and between the CITY OF COLLEGE
STATION, a TeXas.Home Rul.eMu:n.icl.palCorporation. (hereinafteJcre-
farred 'to as "CITY"), andPEB;aLECREEKDEVELOPMENTCORPORATIC)N, a
TexasCorporat.ion(hereinafterrefer.red to as "PEBBLE.:CRE:e:K" :) ·
WHEREAS, PEBBLE CREEK is.the '.owner of the property: .desc:ribed
in .Exhibit "A""attac.hed'andinc'orporated'"herein>by"refer4ence;
and
WHEREAS,PE:BBLECREEKhas filedafinal<subdivisionpla.t for
the property under the heading of PEBBLE CREEK SUbdivision, :Phase
2C, a copy of the <proposed plat is attached heret.o and incbrpo....
rated herein by reference; and
WHEREAS, a portion ',of the PEBBLE CREEK Subdivision, ,Phase 2C
has been zoned and platted for use as a Country Club; and
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zOIlingOrdinance'No.
WHEREAS, City 'of ,C;ollege
Abuilding;.orfacility, adj acent to and associated with
a golf . course, .operated for socIal , educatIonal, or
recreat.ionalpurposes. The <primary sport shall be
golf. Secondary sports uses may include swimming,
tennis, racquet sports, equestrian activities and
similar sporting events. other secondary uses may
include: theon-premise $aleandconsumption of food
and drink .includingalcob.?lic beverages; heal th club
activ~tie.s;th.esale of siPorts equipmel1't.., . restaurant,
and pro shop.. Additionalus~sinclude.offering accom-
modationsona.daily rate>~or transient guests; retail
sales, "and maintenance facilities.
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WHEREAS" 'PEBBLECREEK is currently constructing a gol f
course.and ,intends,tocoll1menceconstruction' 'of permanent facil i-
ties for" the Country Club 'in september, '1992; and
WHEREAS., PEBBLECREEKha.srequestedabuildingpermjLt to
erect temporaryfacilitiesadjacertttothes iteatwhichperma-
nentcountryClubfacilitiesshallbeconstructed .asdepictedin
the" "tell\Porarysit~plan"a.ttachedhereto ,', ',' andincorpo!]Catedh,erein
by reference as Exhibit 'IIBlt. specifically,temporaryfaeil ities
shal.lconsistofthefollowingstructures:
a. One 28'i x 60' portablebuildin<.JWl).ich. shall serve as a
Sales, Operations, 'and Information Office; and Golf Pro
Shop:
b. TWo >12' .x20'po1:'tal>le 'buildIngs wbic:h shall serve as
RestroomsandLockerFacilitiesforCountry.,Cl ub;
c. one. 60' x 1.00' partytentwl).ic:bsha.ll serve as. a Golf
Cart. stprage .. FacilitYlrihich . shall . provide covered space
for40~50 electric poweredgo'lf'carts;
d.Parking".",'Facilities .,for,',','60. ",,-70vehicles;
WHEREAS, PEBBLE CREEK has requested authoriza.tion to operate
a Country Club in these temporary facilities until the completion
of the construction of a permanent Country Club facility; and
WHEREAS, PEBBLE CREEK agrees to comply with all city
ordinances and,' guidel in~sin order to operate in the temporary
facilities until such time as construction of the permanent
Country Club has been completed, obtained a final inspection, and
been is.sueda final certificate of Occupancy ; and
WHEREAS, PEBBLE < CREEK promises to use its best efforts to
substantially complete the construction of all permanent
facilities ',on or before ,the,'.endof1993i
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WHEREAs,sllbjecttothe following terms and conditions, the
CITY agrees topennitthe construction and operation of the
above-stated temporary facilities until a permanent Country Club
hasibeenconstructed,obtainedafinalinspection and been issued
a certificate ofoccu.pancybythecity;and
WHEREAS, PEBBLE CREEK's purpose in requesting toopera"te in
temporary-facilities is to enable PEBBLE CREEK to provide
services to c::lubmembersdurinq construction but recognizes that
apennanent CO\lntryClubfacility must meet the city of College
station Zoning and Subdivision Ordinances; and
WHEREAS, the cityCounciJ..has;determinedthat the operation
cfa Countryclubintemporaryfacilitiesduringconstructi~on of
permanentfacil<ities would not endanger public health,safe'ty or
generalwe1.fare, orgetrimentally affect "the integrity of the
City's"comprehensive plan;
NOW,THER.EFORE, for and in considerationofdtherecitations
above and inconsideration of the promises and c.ovenantsherein
expressed, "the parties, do hereby agree and covenant 'as,. follows :
1. PEBBLE CREEK agrees" ,andunderstands"that a final sub-
division plat must be approved by City prior to the issuance of a
building pennit(s) forteIDporary club faci.lities.
PEBBLE CREEK
further understands and agrees that required infrastructure,
including but not limited to sewer, streets, street lights,
drainage and water has net been designed, constructed or
guaranteed as required to approve and file for record the final
subdivision plat.
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2 . PEBBLE CREEK agrees to submit Engineering construction
drawingswithinsiKmonths fr,Olll the date the final plat is filed
of record in ~ra.zos' ,County,.
3 .In accorQ.ancewiththeEngineer'sconstruct.ion cost
estimates, PEBBLE CREEK shall deposit One Hundred Thirty-six
Thousand Nine Hundred and One Dollars ($136,901.0oltoguar'antee
the construction of infrastructure require.d by the Cit.y of
College station Su.bdivisionOrdinance ,Chapter 9 of the ci.ty of
College Statibn Code of Ordinances, including but not limited to
sewers, streets, street lights,drainag~ and water to serve
Blocks 19,20 ".,and".",21' on ,'the final plat.
Such construction
guarantee shal1be<p~ovidedt.o CITY on or before July 10, 1992 ,
8ndshall not be ~eleaseduntilcompletionof the aforementioned
improvements and acoeptance 9f such improV'ements by the ci ty
on or before July 10, 1992, to guarantee that PEBBLE CREEK shall
draft 'RestrictiveCQvenantswhioh".shall, ',',provide ,that the 'Property
Owner's Association shall maintain all vegetative'landscaping for
all rights-of-way in '<the subdivision. Such 'Restrictive' Covenants
shall be slibmitte.dto City for itsreviewandapp.roval prior to
filing" Restrictive Covenants' of record in Brazos County.
5. PEBBLECREEKagreestoprovide'a"temporary site plan"
and shall obtain site plan approval 'by Project Review Committee
for the pro.posed temporCiryfaci.litiesattachedasExhibit "B".
6. PEBBLE CREEK shall be issued a building permit for its
temporary facilities upon approval by CITY of", the temporary site
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plan, sUbmission of the construction guarantee and additional
guara.ntee 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..'l'emporaryClubfacilities shall be permitted to open en
July 1.1, 1992, provided atemporCiry certificate <of occupanc:yhas
been issued for the facilities.
9. Upon.the issuanceofa certificate of occupancy or
partial certificate of occupancy by CITY for the permanent facil-
ity,PEBBLE CREEK shall remove the corresponding temporary
facility in.'itsentiretY,.'withinfive, (5) days.
10. OFFSTREE1TPARKINGREQUIREMENTS
The:r;e""shall<be.off-street ,parking, spaces providecifor
mot.orveh~icles in accordance with the requirement's
specified herein.
a.. Area for parking . shall be sufficient to accommo-
.date70 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;
Thelotmustbedesignedtoaccommoda tedrainage
in..."",accordance."withthe"city. s",,'.drainage ordinance
as approved by the city Engineer.
d. The parking lot must either be brought up to full
compliance 'with parking <lot "standards" appl icable
to the use as required by the Zoning Ordinance, or
be<'removedandtheareanolongerus~~ fOl:- the
parking of, vehicles" ,.' when "., construction of the
permanent Club has b.een completed.
11. PEBBLE CREEK shall ensure that the waterline located
on the property is adequately protected from damage d'uring
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construction. PEBBLE CREEK warrants that any protection measures
are of the highest quality .
If waterline is '.damaged during
constructiQn,PEBBLECREEKagreestorepairthe 1 ineat no cost
to CITY;
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 following events:
a. Any <change ,in the existing structures as ',shown in
Exhibit ,I'BIt.
b. Aily,change in theproposeduse,ofthebuildings as
designated in this agreement;
c. Any damage to thewi:l. tez:-line, pursuant to section
1 hEarein, not immediately repaired to City
standards.
14. In the event that PEBBLE <CREEK defaults in theperfor-
manceof the terms of this agreement PEBBLE CREEK understands and
agrees as follows:
a. That the tendering of this document with a sworn
sta'l:.ementpf"the. city Engineer that PEBBLE CREEK
is in default of the terms herein shall
constitut7 suffici.ent . evidence for confession of
judgment.andPE:sBLE.CREEK agrees that it does
hereby confess, 'judgment.
b . That "CITY shall be ",elltitledupontwenty-four (24)
hours'noticeposted on the premises to discon-
nect, """al1 ,uti~~ty .' service", and withdraw any
certificate of Occupancy previously issued.
c. Tha..t . ..CITY shall.... be entitled .to an injunction
against ....PEBBLECi~EK .I>rohibiting . . the use of the
premises for, any commercial purpose.
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d.That CITY shall be entitled to Two HUl1dred
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 c)ther
remedy available to it.
1.5. All notices and documents required herein shall be sent
and prov.ided 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)779-1112
City" ,of" ',College station
City "Engineer
P.O. Box'9960
College .,station,Texas77840-09 60
Phone: (409),764-3570
All notices and ,documents shall be deemed received when
mailed with sufficient postage and deposited ina regularma,ilbox
of the united states Post Office.
The parties ,may change
addresses upon thirty (30ldays' written notice sent cert,ified
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 undel.- and
shall be governed by the laws of the state of Texas. Venue shall
lieina court of competent jurisdiction in Brazos County, Texas.
If it is determined that the CITY OF COLLEGE STATION had no
authority to enter into this Development Agreement, then PEBBLE
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t' '
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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 Su.bdivisionRegulations,
each party b.eingconsideredtobereturnedtothe position he was
in before this DevelopmentAgreement.W'asentered'into.
19. In .,thee'Vent'.of' .1itigatioD, ..PEBBLE'CREEK agrees to pay
and shall pay all of the attorney's fees, court dcostsandother
litiga.tion 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
Executedt:nlst:ne?b-flt .dClY of
~it
tIC 'I.
,1992.
PEBBLE",CREEK">DEVELQPMENT CO.
CITY OF COLLEGE STATION
BY: W~~~
Attorney
FINANCING:
/V
Glenn Schroeder, Executive
OirectorFiscal & 'Human
Resources
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........
I . ""'....
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THE ,STATE OF "TEXAS )
)
COUNTY .,OFBRAZOS )
ACKNOWLEDGEMENT
Before me, the undersigned authority, on this day personally
appeared
~...~
as
of PEBBLE CREEK DEVELOPMENT CO., a Texas corporation, known to me
to be the pei'sonwhQsename issubscribedtothe~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?4~ day
of
~~
~~.tf..~
NotaryPubllc ','in and for
The 'State ','.',of ' ,Texas
,> "",,1992..
THE"',,STATE
ACKNOWLEDGEMEN.T
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day, personally
appeared Mayor LARRY RINGER, as Mayor of the city of College
Station, a.TexasMunicipalCorporation, 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
.~
2~tI~
day of
,1992.
~~a...~
Notary'publicinand for
The State of Texas
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STATE,', OF TEXAS )
)
COUNTYO,FBRAZOS)
This Agreement.isenteredintothisthe
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 COMPANY, a
Texas Corporation (hereinafter referred to as ",.,. PEBBLE CREEK" ).
WHEREAS, PEBBLE CREEK is the owner of the property described
in Exhibit A, attached and incorporated herein by reference;
WHEREAS, PEBBLE CREEK has not filed a subdivision plat for
the property that it intendsto'tl.ti.lize as a maintenance shed but
WHEREAS, City of College Station ., 'Subdivision Regulations
providef.or subm,ission of a master development planandasso.ci-
atedimpact studies, or a master preliminary plat and associated
impact studies for the entire" area under common ownership.
WHEREAS,PEBBl:.J~CR.EEKdesiresto submit a' subdivision plat
prior to the submission of the master
for the maintenance
prelimin~ryplator plan for the subdivision and require~impact
studies,,;
WHEREAS, the City Engineer has determined that the review
andappr.ovalofaplat for the golf course maintenance shed will
not "have an appreciable impact onoth.erdevelopmentin the over-
all subdivision;
/,,"__",1 ;~,.
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WHEREAS, the City Engineer has at this time recommended that
the city council <allow PEBBLE CREEK to delay the submission of
the master preliminary plat or plan fortheentiresubdi ViSJLOn
and impact studies associated therewith until a fterthe appl:-oval
of the final plat for the golf course maintenance shed;
WHEREAS, PEBBLE CREEK has also requested that ab\lildiIlg
permit be issued for the construction of the golf cour~e mainte-
nanceshedprior to submission of the master prelimina:ry plat or
plan for the subdivision and impactstudieSi
WHEREAS, ',PEBBLE CREEK is the only" property owner in that
area who has ,current development plans;
WHEREAS, PEBBLE CREEK is currently constructing .agolf
course and has requested a building permit for only the go11:
coursemaintenanceshedi
WHEREAS, PEBBLE CREEK indicates that it does not desire fire
protection or service; "and
WHEREAS, PEBBLE CREEK' s sc)lepurposeistoreduceits
initial cost of construction but recognizes that any future
development'willrequirethe submission of the master preliminary
platorplan,p.reliminaryplats<and impact studies in order that
it meet the City of College station Subdivision Regulations;
NOW, THEREFORE, for and inconsideration of the recitations
above and in consideration of the promises and covenants herein
expressed, the parties >doherebyagree and covenant as follows:
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1. PEBBLECREEKmaysubmitaprel.iminary plat for only the
area surrounding the golf ,course ,."maintenanceshed, ,prior to the
submissionofamasterprelimfnary plat or plan for the entjLre
subdivision, preliminary platsa.nd impact studies. PEBBLE<=REEK
shall submit an analysis of the maintenance>shed itself rand >Jthe
effects of the shed on drainage and utilities.
2. Upon the~pproval of a preliminary and final plat for
the golf cQursemaintenanceshed,PEBBLECREEKmayreqtiest a
building permit for construction of the shed in accordance with
City of College station ordinances.
3. PEBBLE CREEK may not submit a preliminary plat in any
other area of. the property owned by it, a subsidiary., affiliate,
successor or assignee until a master preliminary plat or plan and
impacts'tudies are'submitted for the entire'property.
4. In""the event ,that PEBBLE. CREEK ,defaults in the,compli-
ance with this agreement PEBBLE CREEK agrees ,as foll.ows:
a. That the tendering of thisdocumentwi.th a sworn
statement of '.,the City Engineer that PEBBLE CREEK
the terms herein shall consti-
evidence for confession of judg-
ment and. PEBBLE CREEK agrees that it does hereby
confess judgment.
b. That CITY shall be entitled upon twenty-four (24)
h.ours'noticeposted 'on the premisestodiscon-
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n.ectallutility service and withdraw any
certificate of 'Occupancy previously issued.
c.That CITY shall be entitled to an injunction
against PEBBLE CREEK prohibiting the use .of t~he
premises for any commercial purpose to which the
public.,.",is invited..
d. That CITY shall be entitled to One Hundred
Dollars ($lOO.OOJ per day for each day th:at
PEBBLE CREEK fails to c.omeintocompl iancewi th
thetenns ,of this agreement.
6. All Iloticesand documents required herein shall be sent
and provided to the parties at the addresses and,telephone
numbers listed below:'
PEBBLE" CREEK,"""DEVELOPMENT .'COMPANY
2108"Southwood'Drive
College Station"" ,Texas "77.840
CITY, OF COLLEGE STATION
city Engineer
P.O. ",Box>9960
College station, Texas 77842-0960
All notices ',and <documents shall"'be ,deemed received when
mailed with sufficient postage and deposited ,in a"'.regula.r mailbox
of the united states Post Office. The parties may change
addresses upon thirty (30}'days' written notice sent certified
mail return receipt requested.
7. This Agreement shall be filed of record in the Official
Records of the Brazos County Clerk, Brazos County, Texas.
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8. Neither this Agreel11ent nor any interest therein shall
be assigned.
9 . PEBBLE CREEK agrees to and shall indemnify and hol.d
hannless CITy,its<Qf~.icers,.,agents and employees, from'and
againstan.yandallclC:lims, losses, damages, causesofactic.n,
suits and 'liability of every kind, including all expenses of
litigation, courtcQst:s,and attorney 'sfees,forinj urytoor
death of any person, or for damage to any property, arising out
ofo.r in connection with this Development Agreement andsucll
indemnity shall apply where the claims, losses, damages, causes
of. action, suits <or li.abi.lityarise in whole or .inpart from the
negligence of CITY.
10. This Devel'opment.Agreement has been made under and
shall be governed by the laws bfthe state of Texas. Venueshall
lie, in a court ,of competent jurisdiction in Bra.zos County , Texas.
If it is determined that the CITY OF COLLEGE STATION had no
authority to enter into this Development Agreement, then PEBBLE
CREEK agrees that it Shall immediately comply with all City of
COllegestat.ion<ordinanc:es pertaining to the platting and devel-
opmentofpropertyandeach party shall be considered to be
returned to the position it was <in before this Development Agree-
ment ,was entered"',into except that section 10 shall remain in full
force and ,eff.ect.
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11. In the event of litigation, PEBBLE CREEK agrees to pay
and shall pay all of the attorney's fees, court costs and other
litigation costs of CITY.
12. PEBBLE CREEK shall provide proof of its authorization
to execute this Development Agreement., which ,', proof of au tho-
rizationtosignisattachedherEata as Exhibit
Executed'thisthe
day ,of
PEBBLE.CREEK DEVELOPMENT
COMPANY
BY:
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, 1992.
CITY OF COLLEGE STATION
BY:
Mayor Larry,Ringer
ATTEST:
Connie Hooks, City Secretary
APPROVED:
Ron Ragland, City Manager
APPROVED ,AS"TO FORM:
Cathy Locke, City Attorney
APPROVED AS TO FINANCING:
Glenn' 'Schroeder, Executive
Director Fiscal and Human
Resources
. . ....
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THE 'STATE OF' ',.TEXAS )
)
COUNTY' ,OF BRAZOS )
ACKNOWLEDGEMENT
Before me, the undersigned authority, en this day personally
appeared
as
.oif PEBBLE CREEK/DEVELOPMENT 'COMPANY, a Texas corporation, known
to me to be the persenwhose name is subscribed to the foregoing
:i.nstrument, and acknowledged to me that he executed the same for
the purposes and consideration 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"".",S'TATE OF,TEXA.S
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally
appeared MayorI.AJRRXR;J:.NGER, .as Mayor of. the city of college
station, a Texas Municipal Corporation, known to me to be the
person whose name issllbscr:i.bedto..theforegoing instrument, and
acknowledged to;methat he executed the same for the purposes and
consideration therein expressed.
Given undermyhand.and seal of office on this the
day of
Notary Public in,. and for
The state of Texas
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