HomeMy WebLinkAboutLegal DocumentDEVELORlv1ENT AGREEMENT
AMCNDMENT NO. 2
1"his Agreerent is entered .into this day of December, 1995, by and
between the CITE OF COIrLEGE 5TAl`ION, TEXAS, a Texas Nome Rule Municipal
Corporation (hereinafter referred to as °'CiTY°') and BEG~ONiA CURPORATtON
(hereinafter referred to as "BEGONIA", a Texas Corporation, and amends the devel-
opment agreement entered into by and between the parties dated January 1$, 1593, as
amended by Amendment No. 1 dated January 12, 1995.
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WHEREAS, 6EGONIA's original Master Development Plan and zoning classifi~
cation for its properxy was approved.by CITY on June 11° 1995, with a modification of
the proposed zoning reducing the corhmereial zone that fronted on Rock Prairie Road;
and
WHEREAS, the parties amended this Development agreement an January 12,
199.5, (Amendm®nt No. 1) to allow changes in the Master Development Plan, to change
the order of Phasing of Edelweiss Estates and for CITY to abandon the right-af-way for
North Graham Road and convey said property to 13EGONlA at no cost upon completion
of Dock Prairie Road extension by I~EGONIA; and
11VHEhEAS, Section 2(i~) prohibits BEGONIA from platting and developing arty
phase of Rack Prairie Estates prior to the construction and completion of the extension
of Rock Prairie Road to WeNborn Road; and
WE-IEREAS, BEGONIA wishes to amend this Agreement to allow the platting and
development of property in Rock Prairie Estates (now Phases 1 QA thru 16 of Edelweiss
Estates} bafor® i;t extends Rock Prairie Road and to obtain approval of a revised Master
Development Ilan; .:
NOW Tl-tEREFORE, for anc# in consideration of the recitations above and in
considerati<,~rt of the promises and covenants herein expressed, the parties do hereby
agree and covenant to amend the Development Agreement as follows;
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1.:..,._,.~, ~te~rised Master Development f fart
l"he revised IUlaster Development Plan as apprUVed on Decemlaor 1 ~,
1995, is attached hereto as Exhibit A and incorporated herein by reference. The
revised Master Development Plan renames Rack Prairie Esta#es to Edelweiss Es#ates.
The new phases of Edelweiss Estates (formerly Rock Prairie Estates) are as follows:
1 QR, 1 f?B, 11, 1 ~, 13, 14, 15, and 16.
2. Extension of Rock Prairie Road
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Sectigns 2(b) and (c) of the January 1 S, ~ 953, Agreement are hereby
deleted in their entirety and new Sections 2(b) and (c) are inserted as follows:
(b) BEGONIA agrees and understands that CITY will riot
approve a final plat for Phases 1 OQ, 11, 12, 13, 14, 1 ~ and 16 of Edelweiss f=states
until BEGONIA completes ar~d CITY accepts the extension of Dock Prairie Road from
the eastern boundary of 6EGONIA's property to UVellborn Road,
(c) Should the City Council determine that it is necessary to
~ extend Rock Prairie Road before a final plat is submitted by BEGONIA for phases 108
through 16 of Edelweiss Estates, end CITY constructs Rock Prairie Road extension to
CITY standards, BEGONIA agrees to dedicate all right~of~way necessary for the
extension and agrees to be assessed for the cost of construction of the roadway and
sign a lien for the cost of such assessment. The lien is attacfhed try the ,lanuary 18,
1933, Development agreement as Exhibit "C" filed of record in 1101. 1 X96, page 24$, of
the Official Records of Brazos County. Such lien will be filed in the Official Records of
Brazos Cou#aty upon commencement of construction of the roadway by th® C3TY.
3. All ether terms and conditions of the January 18, 1993, ~}evelopment
Agreement as amended by Amendment 1 remain in full €ores and effect and are
expressly incorporated herein by reference.
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4, W____~ eimbursement.,,~~ osts
._.,. _.
BEGONIA agrees tQ pay for the CtTY`s cost al' preparation of this
developrnertt agreement amendment in accordance with City Council Policy. CITY
sF~all remit a bill for said casts to BEGONIA which sha!! be due and Ratable in full
within ten {~Q) days of receipt of same by BEGONIA.
5. This Amendment No. 2 shall be filed in the Official Records of Brazos
County.
BiGNI=p this day of December, 1995.
BEGONIA CO~iPORAT10N CITY 01= COt_t_EGE STATION
'~~ Mayer Larry Ringer
ATTEST:
Co~lrtie Hoaksp City Secretary
AQPROV~a:
George K. hfae, City Manager
Cathy Locke, City Attorr~ay
Tenn Schroeder, Executive Director
of FiscallHuman Resources
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STATE OF TEXAS
ACKNOVtiJt_EDGMENT
COUNTY OF Bf~AZOS
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This instrument was acknowledged On the ~~ day of np~p~e~c _ ~,,
9995, by ~~;._.~A~aa~~ in his ~~pacity as
~res~~~~i<t _~ of BEGONIA C0f7PORATtQN, a Texas corporation,
on behalf of said corporation. ~,.,.
NOTARY PUBLIC fN AND FOR THI`
~•~.....~ STATE QF TEXAS
~t~"°Oq~~ ~IA~Y L 1LL~lAf~TfRE
NOTARY l~tJi~I.IC
*,~ r State Qf i @X3S
',~~t~T Camm. ~xp~ 0,42.97
STATE OF TEXAS R
` ACKNOWL.FOGMENT
COUNTY OF BRAZOS
This instrument was acknowledged on .the day of ,
'135, by trtARRY RINGE~t in his capacity as Mayor of the City of College Station, a
Te~cas l-iiorne Rule Municipal Corporation, on behalf of said municipality.
NOTARY PUBLfC IN AND FOR T~iE
STATE OF TEXAS
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