HomeMy WebLinkAboutLegal DocumentDEVELOPER to (1) install a buffer zone between the property located to the south of the
property consisting of single family residences; (2) construct secondary access to the
property on Cornell Drive and; (3) limit the height of the apartment buildings to two
stories; and
WHEREAS, the City Council approved the final plat of the Waterford Apartments
in Troy Subdivision on June 9, 1994 and;
WHEREAS, DEVELOPER requests that CITY participate in the acquisirion of
right-of-way, a water line easement; and the cost of construction for the aforementioned
improvements.
NOW,. THEREFORE, for and in considerarion of the recitations above and in
consideration of the promises and covenants herein expressed, the parties do hereby agree
and covenant as follows:
1. Cornell Drive
1.1 DEVELOPER agrees to pay for the design of and participate in the cost of
construction of Cornell Drive so that it connects to each end of its existing termini located
between Brentwood SuUdivision and KFO Addition, Phase III adjacent to Troy
Subdivision. as follows:
i. DEVELOPER shall, at his expense, contract with a registered
engineer to design and prepare. plans and specifications for the for the .extension. of
Cornell Drive. All design work and plans shall be sealed by the. preparing engineer.
ii. DEVELOPER shall pay all costs. associated with the preparation of
the site for construction of Cornell Drive.
ui. DEVELOPER shall pay for twenty-five percent (25%) of the cost to
construct Cornell Drive as detailed in E~ibit B.
1.2 CITY agrees to use the twenty-five. percent (25%) of the estimated
construction cost for Cornell Drive paid by DEVELOPER to partially fund the
construction of the roadway at the time of development of the adjacent property.
Contract Na
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2. Waterline easement
;.
' nd necess for :the :...waterline easement
~ 2.1 CITY ag~•ees to acqu~l e the Ia ~Y
• ~ EVELOPER's ro erty and connect
located ad acent to DEVELOPERS site to sel~ice D p p
J
~, ~ ~ lowin terms and conditions:
hne back into CITY s water system under the for g
said water
• 11 costs of said land.
1. DEVELOPER reimburses CITY .for a
attor-ne fees, costs of
' ' ' includn 7 but not limited to apprarsals, trtle policy,, y
actlulsrtion, ~~
a is estimated at twenty feet
court and rf necessary,.. condemnation. The easement .are
• th a total of 1, 1. 0 squarefeet . .
ve ~~undred and f f feet (5.50'} in leng
(20 } rn wrdth by tY
in area).
.. 11 a for one hundred ercent (100%} of. the ran
rr. , DEVELOPER sha p Y
• line easement located off site;
cost for the water
• ~ essay fo• the water. hne easement_ls located an
22 A pol-tlon of the area nec y
PER a rees to dedicate aid easement area to
DEVELOPER s property and DEVELO g
L
PER at his ex ense shall ~ retarn a regrstered
CITY: b separate instrument. DEVELO ~ p
. y
n of the al•ea to be dedicated on
sux-v~ or o r e .are a sealed metes. and .bounds descl rptlo
y pp
,.
he easement document. The
his r'0 er ~ and submit rt to CITY .for ~ncluslon in t
pp
ed b DEVELOPER:.
easement document shall ve l epar ed by CITY and execut y
p
.. is of Devela merit A reement
3. ~dminlstrative dos p g
1 ..
,, a rl~ees to a , in accordance v~rth CITY pokey as
} ~ . l DEVELOPER ~ p y
' 11: administrative :costs of CITY :for the
establl hed b the College St~tron C1ty Council, a
Y
E in Exhibit A attached hereto and
re aratron of this. a<rreernei1t. _Sald costs are l emrzed
~ pp b
ble in full u on execution of
rncor orated l~e~~eln v reference and sl~~ll ve due .and. paya p
~ y
. _
this agreement..
._
.~ 4. Financial' Guarantee
i a cashier's check to CITY to guarantee the
~ 4.1 DEVELOPER ,shall rem t
~'; followin
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Contract. No. ~ ~ ~ ~~ J
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• -...united to a rasals, attorney ....fees,
• cost of condemnation including but not l pp
~~ costs of court, -film fees, expert fees and appeal.
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° nstiuctuon .cost of Cornell Drive: and water.
• twenty-five percent X25 /o} of co
line easement
a st of land necess for the water line
• one hundi ed percent. (100 /o) of the co ~'
easement.
' etailed in Sections l and 2 herein-
• construction and site.. preparation as d
f
,.
above.
. of funds necess to be guaranteed by
4.2 The. estimated ..amount
' ' n is itemized in Exhibit B which is attached
DEVELOPER retluired..,pursuant.: o .this Sectio
~~
hereto and inco orated herein by reference.
understand that the amounts contairned in
4.3. The panties hereto agi ee and
• • r e that DEVELOPER shall be res onsible
~ Exhibit ~ .are estimates. only. The panties age p
f ornell Drive and the actual cost of the
for only estimated costs of construction o C
' ' ' easement. In the event ..that the ..actual
construction and .land acquisition for the .water.. line.
~~ eds or is~ less than the estimated colt, the
costs ..related. to the water line :easement exce
st incurred if in
~ res ectrve artres a ee that DEVELOPER. shall. pay for .the total. actual co
p p
• refund of :amounts.. aid in estimated cost
excess of. estimated costs of shall be .entitled: to a p
' as rovided herein..
if same is less than estimated cost p
i
' rmit to DEVELOPER u on 1 execution
4.4 CITY a reel. to ..issue. a building pe p ( }
g
royal of Tans ands ecifcatons b CITY, and {3}payment
of this. agreement and {2} apP p p y
of estimated casts and administrative fees b DEVELOPER.
y
m nt ofamounts in excess of estimated costs for water line: easement-
5. .Pay e
' ~ h a ent for actual costs in excess of those estimated
5.1 The ..parties age ee t at p Ym
' ' ' imated a ents shall be due from DEVELOPER
in Exhibit. A, if actual. cost exceeds est p ym ,
as follows:
!~
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7. Indemnification and Release
n shall indemnif and hold harmless CITY,
7.l DEVELOPER agrees toad Y
• m and a ainst an anal all claims, losses,
its officers, agents. and:. employees, .fro g Y
• • v kind includin al ex enses of
dams. es, causes of action, suits and l~ab~ qty pf a ery g p
g
.. 'n'ur to or death of an erson, or for
l~ti atlon, court costs, and attorney s fees,,for l; J y Y p
g
' ` for in connection with this Development
damage to any .property, ...arising out o
• laims losses lama es causes of
A reement. Such rndemn~ty shall apply where the c , g
g
• ' ' h le or in art from the ne li ence of CITY.
action, suits or llabll~ty arse in w o p g g
s relin wishes and dischar es CITY, its
7.2 DEVELOPER hereby .release , q g
' rids and causes of action of
officers,. a ents and employees, from. ati clams, dema ,
g
' ' ost of defense thereof, for an injury to,
every kind and character lnclud~n the c Y
g
• r he be third ersons contractor, or employees
~nclud~ng death of, person twhethe t y p
• n loss of or dama e o ro ert (whether the
of ether: of .the parties .hereto) and a y g p p Y
' r o or of third arties caused b or alleged to
same bethat ether of the parties he et p } Y
' ' n tion with this Develo merit A reement whether
be caused, ar~s~ng out of, or in con ec p g
' es of action in whole or in art are covered by
or not said clams, demands and cans A
insurance.
8. Authorization to Enter into Agreement
' • ement .state .that. the are each authorized to
8.1 The parties .executing this Age e y
• ~ DEVELOPER shall rovide roof' of his.
sign on behalf of their respective corporations. p P
authorization to enter into this agi Bement.
9. Notice
' • • herein shall be sent and ravided to the
_9.1 All notices and. documents reduiled p
' t the addresses and tele hone numbers listed below:
.parties a p
Ci of Col1e e Station
aY g
City Engineer
P. 0. Box 9960
Colle e Station, Texas 77840-0960
g
Phone: (409) 7d4-3570
Contract No.
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APP~t VEIL AS T4 FC~1~M:
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a y pry arn~y
APARd AS TO F CMG:
c oa r, xcaut~v~ c~ _ j 4 - ~ y
Director Fiscal & Human
R~sourcCS
~'HE ST`ATE CAF TEXAS
j ) ACKNQt~L,EpgM~NT
'~ COY.rNTY OF I~~2.A,G05 )
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'~ Before m~, the undei•si~ned ~uthoriry, ~n this day persoa~~lly ~pp~ared
I, ~n.,e r,~ 5 . '(~.~' 11 ~ ~ a.~-e r as ~.e ~ r e5~ K.-~...~ ~--- of ]~EV~ rLQ~ER
~ r
C~RPQ~tATIQN, ~ Texas cocporatian, knows to me to be the person whose n~.mo is
~I subsGri~~d to the foregoing insttumen~, and acknovviedg~d to m~ that he executed th,e
S~lC far t,~,~ ptt~p4~~s &nd Cong~d~rRtion t~Crcin exprCSSed.
Given Under my hand ~.nd seal of ot'fi~c on this the ~ day of
-- ~~Pw~ her , 199x.
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F~ ^' M c~~~o~ ~xai~s 4t~ry . u io to ~Yt ow'
,,~~~ ~uly~, ~8~r The Stab of ~'exa~
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