HomeMy WebLinkAboutLegal Documents
"<i,
STATE OF TEXAS S
S
COUNTY OF BRAZOS S
DEVELOPMENT. AGREEMENT
This 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-
ferredtoas "CITY"), and WOLFE NURSERY, a Texas
(hereinafter referred to. as "WOLFE")..
WHEREAS, WOLFE is the record owner of the property
(hereinafter referred to as "PROPERTY") described in Exhibit A,
attached and incorporated herein by reference;
WHEREAS, a sUbdivision plat was filed for the property under
the heading of
, a copy of the recorded final
plat is attached hereto and incorporated herein by reference;
i J}~
WHEREJ\S,the property.was zoned u.nder the Wolf pen,'JoeveloP-
ment Corridor;
WHEREAS,the Zoning Ordinance provisions pertaining to the
Wolf Pen Creek Development Corridor provide:
All development projects proposed within the corridor
shall be reviewed by the Design Review Board (DRB)
. . . . TheD.RBin reviewing each proposal , shall con-
s.ider t.heCITY 's .land use and development codes, the
Wolf Pen Cre.ek Corridor Study and Master Plan, and the
standardsandpolicies.hereinprovided. Standards! and
policies .h.erein take preceden(1e over other applica:ble
codes and ordinances where conflict exists.. The fiol-
lowinc;J factors and characteri~i'tics, Which affect tl1e
appearance of a development,~ill govern the Design
Review Board 'sevaluation of ....adesign '. submission:
Conformance to the CITY's land use and
developmentcodesaJ1d this ordinance
Logic of design
Exterior space utilization
js/ a/wolfe
100692
Architectural character
Attractiveness
MaterialselectioIl
Harmony and compatibility
Circulation - vehicular and pedestrian
Maintenance aspects
The ORB shallma.ke.recommel1dationstothe Planning and
zoning Commission regard~4rachproposalfordevelopment
in' this district;
WHEREAS, the Wolf Pen Creek Development Corridor district
also requires:
The developer shal.lpreserve the. natural. setting of the
creek while conveying the100-year .flood waters of. the
fully developed Wolf Pen . Creek .watershedi.n a natural
appearance. No.....channel of. .concrete or' similar. .material
shall be allowed. Thedevel.oper<or property o.wnermay
reclailll.tlte floOdfriIlgesupseql.lent toreclalllation
plans ! approved.. bYi' .the ....C.ityEngineer. ..' Flood..fr inge
areas .notreclai~ed.bythed.eveloper lllaybeacq~iredby
'the City through dedication or purchase at market value
for floodplain land. '
The floodway and the minimum reservation line as de-
fined on the Wolf Pen Creek Master Plan shall be indi-
catedonthesiteplan. Upon development of. . the prop-
erty and.attheoption of the developer.the floodway
and the.. minimumi' reservation'.,.. line shall either .be.. dedi-
cated. ito .thecitYi..for. .idrainage .and. public open.... space
use or improved by th~developertoconformwith the
standards. . of ...the .Oeve+opment Corridor which may iin-
clude,but.not.be.limitedto(a)cleaning and removal
of brush; (b}bankstabilization; (c) erosion control;
(d) no extensive channel work; and (e}pedestrian walk-
ways, lighting and' access easements . .' .A. plan for the
improvement of this area shall be approved by the Plan-
ning and Zoning commission based on the recommendation
of the Design Review Board. Cross sections as shown in
the WOlfPencreek.Master'Plan.shall be used in' design-
ingimprovementsunless otherwise approved by the Plan-
ningan.d.. Zoning Commission. If developed privately the
developer '. or .prope~ty . owner may submit the improvements
to City for dedication and, if accepted, the City will
maintain those facilities to the same standards as pub-
lic development along...the creek;
WHEREAS, the'Cityof College station subdivision ordinance
requires:
- 2,-
js/ a/wolfe
100692
4-A.. No. building, repair plumbing or electrical
permit shall be issued by the city for any structure. on
alotina subdivision for which a final>plat has not
been approved and filed .... f or record ,nor .foranystruc-
tureona lot within a subdivision in which the stan-
dardscontained'hereinor" referred to herein have not
been complied with in full.
4-C. The City shall not sell or supply water,
gas, .electricity,orseweragewithin a subdivision for
whicha.final plat has not been fi.led for record, nor
in which the standards contained herein....have not been
complied with in full; and
WHEREAS, the parties recognize and agree that construction (' (1\.1""\1
within the minimum reservation line for Wolf Pen Creek, that is ~ ..
\,l~-\
the100-year floodplain.t;, requires development so that the pri-
vate development can relate to the park development in a manner
that is advantageous to both the private and public uses;
NOW,THEREFORE, for and in consideration of the recitations
above and inconsideration of the promises and covenants herein
expressed, the parties do hereby agree and covenant as follows:
1. WOLFE desires and agrees to dedicate to CITY the
minimum reservation oftheWolfPenCreek100-year
flood way or it shall construct and maintain the
improvenientsto theWolfPenCreek100-year flood way.
The100-yearflood way is... hereby established by the
Nathan Mier.study prepared for the CITY. WOLFE may
sl.lbmitanindependentstudy, but use is subject to
CITY.' S 'acceptance...
2. WOLFE shall comply with the terms of'Section 1if:
a. By .November 1, 1995 if subsection (b) hereof does
not occur first;
b. WOLFE, its successors or assigns, or CITY acquires
the property on south side of the creek, also
known as the Eastmark Subdivision.
3. In the event WOLFE elects to construct the improvements
to the Wolf Pen. Creek 100-year flood way, it shall do
the following:
a. install facilities that meet the standards and
intent of the Wolf Pen Creek MasterPlan;
, - 3 -
jsl a/wolfe
100692
m.' 'al.'.n. t.........ain....al....p....r..ya. tely ow. .ned. a... .r~. ..~a.......s.
ch- · 0 v C'..so~
WOLFE shall complete construction within 90 days of the
occurrenc,e off either of the two contingencies> set out
in section 2 herein.
WOLFE shall provide.an irrev,.9cable letter of credit to
CITY in the amount of ,$. 1.:>, ~ 0 I;;) .. C lJ
Dollars{$ ) wfiich amount shall guarantee the
dedication'orconstruction of the improvements in the
100-year floodplain.
In the event that WOLFE fails to complete installation
and construction of the improvementsre uired:pursuan
to the approved DRB plan alls to dedicate 1 the mini-
mum reservation line as required<herein then the par-
ties agree, in addition to the other remedies '1 available
to CITY, as follows:
~
~
1" )-
o~ J
~~ ...,i)
0. \~I~'
V
j v~..,
.~~ ~." ...5.,
~.
6.
a.
b.
b. construct.. and maintain. a pedestrian walkway to
preserve the physical continuity of the linear
parksettillg;
c.
provide for pedestrian. access, by dedication of an
easement or similar instrument, though the private
development to.preservethecontinuityofthe park ~
function; J
~
J
construct, 'install' and ...maintain wa'lkway...lighting U~
andl.aIldscapedevelopmentina setting consistent
with the development of Wolf Pen Creek Park; and
d.
e.
1. ,
.1--
V~
~4
.3,~
J '>
~
-S~
Jt0
That City Planner shall claim the funds secured 4 j
by the letter of credit and shall apply the funds ~
to CITY; e
~ , 3
~=-1 ,
'?, - 3 o't
.........,
J'~
-iV)~
That CITY shall be. entitled upon twenty-four (24) - v>:;/
hO\}J:'s'noticeposted on the premises to discon- J....
~~~~c:i~~~i;~~~p:ri~;i~~e:{~u:~~h~~:~e~iY Cer- J ij
That .CITY. shall be entitled to an injunction Q:l'~
against WOLFE, its successor~ and f~=s~~~s ~o~~~;- ~ ~
public is invited;
That the tendering of this document with a sworn
statement of the city Planner that WOLFE. is in
default of the terms herein shall constitute suf-
ficient.evidence . for confession....of....judgment and
WOLFE agrees that it does hereby confessjudg-
ment;
\~~ ~,~~/
~.
~1.
~~ .
e. That CITY shall be entitled to Two Hundred
DoLlars ($200.00) per day for each day that ~
l.fI. /.'. ~:~;int~sc~~i:~u~:lll~~c.~k ~Zf:~e~~,~
, r That CITY shall be. entitled to enter onto the
premises for the purpose of. makingilllprovements to
th:e100-yearflood . plain in accordance with plans
{' ~'. ~ \~approved by the ORB.
The parties agree that the terms, conditions, ...liabili-
tiesand.responsibilitiesofthis Agreement ...shall be
applicable to. their. 'heirs,. successors.and....assigns..
Further, noichange in the existing ownership of the
property sh~ll !serve to relieve WOLFE of' the duties
created hereunder. '
All notices and documents required herein shall be sent
and provided to the parties at the addresses" and tele-
phone' numbers listed below:
Phone: (409)
city of College station
city Planner
P.O.Box 9960
Colleg.e station, Texas 77840--0960
Phone: (409)764-3570
All notices and documents shall be deemed received when
mailed with sufficient postage and depositedinaregu-
larmailbox of the United states Post Office. The par-
ties may change addresses upon thirty (30} days' writ-
ten notice sent certified mail return receiptre-
quested.
'0 g: This Agreement shall be filed of record in the Official
Records of the Brazos County Clerk, Brazos County,
Texas.
I' ~ WOLFE 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 andliabilityofeverykind,including
allexpensesoflitigation,courtcosts<, and attorney's
fees, for injury to or death of any person, or for dam-
age.toanyproperty, arising out of or.in connection
with this Develiopment ....Agreement. . Such; ,indemnity shall
apply where the: claims, losses, damages, causes of
action, suits or liability arise in whole or in part
from the neglig-ence of CITY.
js/ a/vvolfe
100692
f
-5 -
js/a/wolfe
100692
WOLFE. shall procureand.ntaintain at its sole cost and
expenseforthe.durai:ipnof the contract insurance
against claimsfo.rinjuriesto.persons or damages to
propertywhichlllCiyarisefromor in connection with the
pel:'forlllClnce of the work hereunder by WOLFE, its agents,
representatives, volunteers., employees.... or" "sub'-
contractors.
That WOLFE's insurance coverage shall be primary in-
surance with respect.to CITY., .itsofficials, employees
and volunteers; Any insurance or self--insurance main-
tained by CITY, i"tsoffic::ials, employeesorvolunteers,
shall be considered in excess of the WOLFE's insurance
and shall. not contribtite to it.
Certificates of Insurance dand endorsements shall be
furnished to the CITY and approved by CITY before CITY
issues a Certificate> of Occupancy. A Property Insur-
ance Policy shall be required. The following general
requirements shall be applicable to the policy:
a.Property insurance shall be written by a carrier
with an A:VIIIor better rating in accordance with
the current Best Key Rating Guide.
b. Only insurance ca.rriers licensed and admitted to
do business in the state of Texas will be ac-
cepted.
CL. Dedl.lctibles shall belistedonthe<Certificate of
Insurance and are acceptableonlyona per occur-
rence....basis for property.. damage only. The de-
ductible limits shall not exceed Ten Thousand
Dollars {$10 , 000.00)..
d. Claims Made Policies will not be accepted.
e. The coverage shall contain no special limitations
on the scope of protection afforded to the CITY,
its officials, employees,o~ volunteers.
f. The insurance policy shall be endorsed to state
that coverage shall not be suspended, voided, can-
celled,or reduced 'in coverage or .. inl imitsexcept
after thirty (30) days' prior written notice by
certified mail , ...return receipt requested, has been
given to the city of College station.
g. The following Commercial General Liability will be
required:
- 6 -
~
(i)
MInimum comBined Single Limit of
$600,000 per occurrence for Bodily
Injury"'and 'Property Damage.
(ii>
Coverage shall be at least-as broad as
Insurance Service's Office form number
CG 00.....01.
(iii)
No .coverage...shall be deleted .from the
standard policy without notification of
individual exclusions"being attached for
review and acceptance.
h. Certificates of Insurance shall be prepared and
executed by theinsurancecomp.any or its autho-
rized >agent, and shall contai.n provisions and
warranting the following:
(1)
The company is licensed and admitted to
do business in the state of Texas.
(i i.)
The insurances set forth by the insur-
ance company are underwritten. on forms
which have. been approved by the Texas
state Board of Insurance or ISO.
(Iii)
Sets forth all endorsements andinsur-
ancecoverages according to requirements
and instructions contained herein.
(iv)
Shall specifically set forth the notice
of cancellation, termination, or change
in coverage provisions to the City of
College Station.
(v) Original endorsements affecting coverage
required...by this section shall be.' fur-
nished with the certificates of insur-
_______ ance .
12. This Development Agreement has been made under and
shall be governed by the laws of the State of Texas.
Venue shall lie ina 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 D~'V~lopment Agreement, then WOLFEi agrees that it
shall immediately make the dedication as required by
theCityof..nCollege S'tationZoning' . Ordinance and Subdi-
visionRegulations,eachparty being considered to be
returned to the position he was in before this. Develop-
ment Agreement was ente:red into except that Section 13
shall remain in full force and effect.
js/a/wolfe
100692
- 7 -
13. In the event of lit:igatior1, WOLFE agrees to pay and
shall pay allo~the.attorney's fees, court costs and
other litigation costs of CITY.
14. WOLFE shall provide 'proof of its authorization to
execute this Development Agreement,which proof ,of
authorization to sign is attached hereto as'Exhibit
Executed this the ~,day of , 1992.
WOLFE NURSERY CITY OF COLLEGE STATION
BY: BY:
Mayor Larry Ringer
ATTEST:
connie Hooks, city Secretary
APPROVED:
Ron Ragland,CityManager
APPROVED AS TO FORM:
Cathy Locke ,City' At.torney
APPROVED AS TO FINANCING:
Glenn Schroedef, Exec. Dir.
Fiscal & Human Resources
-8 -
js/ a/wolfe
100692
THE STATE OF TEXAS S
S
COUNTY OF BRAZOS S
ACKNOWLEDGEMENT
Before me, the undersigned authority, on this day personally
appeared
as
of WOLFE NURSERY, a Texas
, known tome to be
the person whose name is subscribed to the foregoing instrument,
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 STATE OF TEXAS S
S
COUNTY OF BRAZOS S
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 to me that he executed the same for the purposes and
cons idera t ionthere.inexpressed.
Given under my hand and seal of office on this the
day of
, 1992.
Notary Public in
State of "Texas
- 9 -
js/a/wolfe
100692
;(.
4& _L~ 0
KNOW ALL MEN BY THESE PRESENTS:
the
lines,
,rights of surface use incident
described ,uses of said surface
subordinations on behalf of
of
pur-
I'-
EXECUTED this
cr. -c:L
,1993.
CBL,& ASSOCIATES, INC.
BY:
STATE OF TENNESSEE
*
*
*
ACKNOWLEDGMENT
COUNTY OF HAMILTON
PREPARED IN THE LAW OFFICE OF:
TX 17842
City of College Station
Office of the City Attorney
P.O. Box 9960
Collegestation,TX 77842