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HomeMy WebLinkAboutLegal Document~~ a. x t ~~ t ~ ~~ ~ ~~~' ~ ~ ~-~- 1... ~/' DEVELOPMENT AGREEMENT 'flvs Agreement >s entered into thisthe / / ~ day of r _, 1997, by and ~`~ia{ween the CTTI' O~' GUfiPSI,EGE STATION, TEXAS, a Texas Home-Rule Municipal Corporation (hereinafter BZf:Zu; ..n• .~Tv ~~:, ,: i ribL'SE refgg ~r~~'~:~ ' '' ~- "C•ty"), and POOI-fS PARK DEVELOPMENT, LTD., a Te~ras Limited Partriership BY~I~~~L (hereinaftd~'~efred to "Pooh's Park"). WHEREAS, Pooh's Park is the owner of an approximate fourteen (I4) acre tract depicted and described on the survey attached hereto as Exhibit "A" (hereinafter referred to as "Property"); and WHEREAS, Pooh's Park is currently zoned. `~VPC Wolf Pen Creek Development Corridor" which has specific developrrient require<nen:s for properties in the floodway and minimum reservation .area as addressed in Section 7.2 iD of Ordinance 1638, the Zoning Ordinance of the City of College Station; and WHEREAS, the WPC District requires the development or dedication of the floodway and minirnurn reservation area to City to conform with standards of the Development Comdor, and WHEREAS, development may be permitted within the floodplain upon submission and approval of a reclamation plan by the .City Engineer; and - WHEREAS, aportion of the Property is within the floodway and floodplain; and WHEREAS, Pooh's Park has requested the rezoning of the Property from WPC to C-]., General Commercial; and WHEREAS, as a condition of the rezoning, the City Council required Pooh's Park to comply with the City's Wolf Pen Creels Zoning ~ Ordinance by dedicating to the City or developing the floodway and minimum reservation area required by the Zoning Ordinance, as determined by. the Nathan D. Maier Wolf Pen Creek Revised Existing Conditions Study; NOW T'i~REFORE, for and in consideration of the recitations above, and in consideration of the Promises and cQVenant~ herein expressed, the parties hereby agree and covenant as follows: 1. Az or before the time of development of the Property, Pooh's Park agrees to and shall dedicate to the City the portion of the Property that is contained in the floodway as reflected in the Nathan D. Maier Wolf Pen Creek Revised Existing Conditions. Study or as amended, as required in Section 7.21D of Ordinance No. 1638, the Zoning Ordinance, said portion estimated as approximately four (4) acres of the Property, hereinafter referred to as the "Wolf Pen Creek Dedication". 2 At or before the time of development of the Property, Pooh's Park agrees to and shall dedicate to the City a strip of land hereinafter referred to as the `Minimum reservation area" adjacent to the Wolf Pen Creels Floodway Dedication, said strip of land being twenty feet {20~ wide, subject to verification by a survey and in DEVEtoPM~ V0~ ~~~UPAGE 35 b: roup ga ro/ect parkldevagrmt.doc ~ 1J1 N'D . accordance with an engineering study as required by Section 7.21D of the Zoning Ordinance. The remainder of the Property, including land in the floodplain, maybe developed in accordance with the requirements contained in Section 7.21D of the Zoning Ordinance and the City's :drainage policies, ordinances, and other applicable development codes. In-conjunction with the aforementioned dedication, and at the time of site plan development, Pooh's Park, its. heirs or assigns, agrees to dedicate to the City a maintenance access easement at a location mutually agreed upon that begins at the Kyle Road right-of-way and terminates at the minimum reservation area. 'This easement shall be ten feet (10') in width. 'Pooh's Park shall construct the maintenance access easement as a permanent all-weather surface as defined in the City's Zoning Ordinance. 3. At or before the time of development of the property,l'ooh's Park, at its sole cost, shall provide or cause to be provided to the City, a sealed metes and bounds description of the Property indicating the demarcation line of the floodway and minimum reservation area with a diagram prepared by a surveyor licensed to practice in Texas. 4. The above-referenced dedications will be made in compliance with, and fulfillment o~ all of the requirements of Section 7.21E of Ordinance. No. 1638, the Zoning Ordinance, No construction of improvements within the dedication areas will be required of Pooh's Park Notwithstanding the aforementioned dedication, Pooh's Park shall comply with. any other applicable drainage requirements, including but not limited t<~ `Chapter 13 of the City of College Station Code of Ordinances and related drainage policies and regulations. The floodplain area may be reclaimed for development at the time of site development in accordance with applicable codes and ordinances as they exist at the time of this Development Agreert~ent. 5. At or before the time of development of the property, Pooh's Park agrees to construct Kyle Road on the area of the applicant's property so designated by City and on the City's existing right-of-way to the east on adjacerrt property in accordance with all standards that. are in effect at the time of construction. The area of the street shall be a forty-seven foot (47'-) wide section conunencing at Holleman to a poi three hundred eighty feet (380') north of Holleman. Pooh's Park shall convey a right~of--way easement to the City within ten {10) days of the approval of this Agreement by the College Station City Council. The City will pay the appraised value for the all of the Kyle-Road right-of-way located on the Property when Pooh's Park constructs Kyle Road and it is accepted by the City. The appraised value shall be detern-ined by an average of two appraisals, one obtained by Pooh's Park and one obtained by City. Ali appraisals shall be PreP~ by M~ aPP~• Each ~.y shall pay for its own appraisal. If the difference in appraised value between the two appraisals exceeds frfteen percent (15%) then either party may: {a) agree on the average of the lowest appraised value and the lowest appraised value plus fifteen percent (15%); or (b) elect to obtain a third -2- lahb: IBr~P~B~P~I~~hParkWe-wgrmt. doc vaa97 VOl ~~ 16~AGE JU independent MAI appraisal to conclusively establish the appraised value of the property. The cost of the third appraisal shall be shared equally by both parties ..and the appraiser selected shall be upon mutual agreement. The City further agrees to and will. waive the right to any. future assessment for the construction of the remainder of Kyle Road on the applicant's. property. ff City elects at its sole option to design and construct the road before Pooh's Park develops the property and constructs the road, then City shall construct it at City's expense and said costs shall be in lieu of any payment to Pooh's Park for the: purchase of said right-of-way. 6. The City agues to and shall abandon all of its right, title and interest, if any, in Pooh's Lane to Pooh's Park by enactment of an ordinance.. City shall waive the fee of Two Hundred Fifty. Dollars ($250.00) for abandonment of the right-of--way as well as the payment. for the fair market value of the surface estate being abandoned. However, Pooh's Park shall provide to the City, at its sole cost and expense, a .sealed metes and bounds description prepared by a licensed survoyor of Pooh's Lane for use by the City to prepare the ordinance abandoning the right~f--way. 7. City agrees to waive the Two Hundred Dollar ($200.00) fee for preparation of this Agreeitrent as established by the City Council.. However, Pooh's Park shall be responsible for. reimbiusernent of the C%ity's legal staff time in the amount of Five Hundred Fifty :Dollars ($550.00) spent in preparation of this Agreernerrt as per Council's policy to be paid prior to Council. consideration of the Development Agreement. 8. INDEI~IVIFICATION: Pooh's Park agrees to and shall indemnify, hold harmless, and defend the City, its officers, agents, and employees, from and-against any and all claims, losses, damages, o:auses of action, suits and liability of every land, including all ezpenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, or for breach of contract, arising out of or in connection with this Agreement, the work to be performed hereunder, and the properties designated, regardless of whether such injuries, death, damages, or breach are caused in whole or in part by the negligence of the City. 9. ItELEA~E: gook's Park, its successors-in-interest and. assigns, hereby release, reIin~quish and discharge the City,. its agents, officers, and employees, from all claims, demands, and causes of action of every kind and character, including the .cost of defense thereof, for any toss of or damage to property (whether property of either of the parties hereto, .their employees, or of third .parties) that is caused by or alleged. to be caused by, arising out. of, or in connection with this development agreement. This release shall apply regardless of whether said claims, demands, and causes of action are cowered in whole or in part by insurance and regardless of whether such loss, or damage was caused in whole or in part by the negligence of the City. -3- D E[ BlAP MF. N T A G R F. a !E N T lahb:~8-'~P~B~Prol~t~hP~+~evagrmt.doc r «~ vra~~ VOi. ~~ 16 PAGE ~ 1 10. It is understood that this Agreement. shall be governed by, and construed and enforced in accordance with, and subject to, the laws of the State of Texas. The parties agree that performance of this Agreement shall take place in Brazos County, Texas, and that venue shall lie in a court of competent jurisdiction in Brazos County, Texas. 11. The parties .agree that they have read the .terms of this Agreement and familiarized themselves with the requirements hereunder and agree that they understand their rights and responsibilities hereunder. 12. It is understood and agreed that this Agreement shall be binding .upon and shall inure to the benefit of the parties and their respective heirs, lessees, representatives, successors, and assigns. 13. It is understood that this Agreement .contains. the entire agreement between the .parties and supersedes and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements,_promises or inducements contrary to the terms of this Agreerne~nt exist. This Agreement cannot be changed or terniinated unless in writing and agreed to by both parties. 14. The parties executing..this Agreement state that they are each authorized to sign on behalf of their respective corporations.. Owner shall provide proof of his authorization to enter into this Agreement. Dated this the /~ ~ day of ~~i2%uA~c~ .1997. POOH'S PARK DEVELOPMEN"I', LTD. Printed Name: E I or a W. S~ a l e Title: ~~-es~dt t c~ ~a.~.dQ~o r ~ C,o AP VED: OR K. NOE, City Manager CITY OF COLLEGE STATION, TEXAS BY: ' c ~ -sti.e LYNN II~-IANEY, Mayor ATTEST: CONr1IE HOOKS, City Secretary s APPROVED AS TO FORM: „'U S~LZ~1'1/N,~ ~~ ROXANNE NEMCIK, Acting City Attorney APPRO AS TO FIN G: ENN SCHROE E irector of Fiscal Services DEVELOPMF. NT AGRF~fFJV T lahb: ~groupUegpllproJectlpoohparkldevagrmtdoc 2/1 GY97 e4~ VO': ~~/ ~~ PAGE e38 STATE OF TEXAS ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT This instrument was aclaiowledged on the ~~~ day of ~v~ e, 1997 by LYNN McILHANEY, in her capacity. as Mayor of the City of College Stati , Texas, a Texas Home Rule Municipality, on behalf of said municipality. ~~Y~~ ~ ~ / ~ `~' Notary Public in and for USA A. HilGHES the State of Texas ~+ra sr~ or tuxes STATE OF ~E xAs COUNTY OF .B2A ~ os ACKNOWLEDGMENT +~ This instrument was aclaiowledged on the / 2 "" day of /-e l r- k~ ~ ~ ~ 1997, by EI o~-a, In! Da to r ~~es. e~ Do.,~fa ~o ~ .Ikc. as Ge-, e ra! Via..-~P.- of POOH'S PARK DEVELOPMENT, LTD., a Texas limited partnership, on behalf of said limited partnership, ~~f~r ~~¢~ RICNARO ©. TALBERT * * NOTARY PUBLIC S#ate of Texas p~'~rEOFi~+~~ Comm Exp 12-23-98. -5- D E YFl O PMF. Ml A G R F. E~ f F. N T lahb:lgroupUegallproJee~tlpoo pah rkldevagrmGdoc ?JlGVD7 Notary Public in and for the State of YOL ~~~~6 PAGE ~~