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TOIL GIESENSGHLAG
Attorney at Law (409) 260-9728
41.8 Tarrow Telecopy (409) 779-7979
College Station, Texas 77840
June 11, 1996
.City of College Station
P.O. Box 9960 ~
College Station, Texas 77840-0960.
RE: Proposed .Revisions to March .22,..1996 Draft of Development
Agreement among City of College Station, J . V .- Renton-and David
Scarmardo; Renton Subdivision of 13.5®4 .acres in Richard
Carter League, A-S, College Station, Bratos C®unty,' Texas
Gentlemen:
The following are requested revisions to the captioned contract
.draft. respectfully submitted by Mr. David Scarmardo:
1) The owner of Lots 1 and 2 is David Scarmardo.
2) The plats referenced as Exhibit A and Exhibit C, if different,
should be identified in the body of the agreement.
3) The necessity of a financial guarantee for construction of the
fence is eliminated: by the requirement that the fennce be
constructed prior to the issuance of building permits or
certificates of occupancy for Lots 1, 2 or 3.
4) It should be agreed among .thee parties that the, fence
requirement is made to provide a buffer between. the
residential zoning applicable to Lot 3 and ,the A-P zoning
applicable to Lots 1 and 2. Accordingly,:all parties agree
that. should 'Lots 1 and 2, or any. part thereof, be rezoned and
made the subject of residential development, the location of
the fence shall be, varied to provide the intended buffer
between residential and non-residential devel®pment® E'urther,
all parties agree that should Lots 1 and 2, or any part
thereof, be rezoned and made the subject of residential
development, standard vehicular, access shall be provided to
Lots 1 and-2 from Lincoln Avenue, such access to be along the
southwestern boundary line of tY~e subdivi~i®n and, to be
depicted upon the final subdivision plat.
5) Neither Owner is a corporation and a-conflict exists on the
Renton Subdivision Novembe~c '10, 1993 plat with- respect to
whether Renton is acting in his individual. capacity or as
Trustee. Title should be confirmed and appropriate
corrections made.
°.~
City of College Station
June 11, 1996
Page Two
6) The :Owners should agree to pay-City's litigation costs rr the
event City prevails.
Your courtesies are appreciated and we .will be pleased to cooperate
in worki toward finalizing the. agreement.
Si cere y®
i,
Tom Giesenschlag
TDG/ssg
From: Jane Kee
To: rnemcik
Subject: David Scarmardo development agreement
This a-mail goes along with hard copy being sent to you that includes the
draft Development Agreement (D.A.) dated 3-22-96 from your office and a
letter dated 6-11-96 from Tom Giesenschlag to our office. The following
comments follow the numbered comments in the Giesenschlag letter and refence
certain numbered parts of the D.A.:
1. I do not see where this is NOT stated correctly in the proposed DA. k!aybe
I missed it.
2. I do not understand his comment here. The DA seems OK to me in this regard.
3. I agree. This would delete 4. from the DA on pg 2. Should also include
lot 3 in 5. of the DA on pg.2.
4. We should include this language. it basically leaves the fence location
flexible and dependant upon where the residential and non-residential lines
ultimately meet. This would alter 1. of the DA on pg 2.
5. I have no comment here. It's a legal thing.
6. Of course!
When these revisions are ready we can take this DA to CC. We have a plat
waiting to be processed pending this agreement.
CC: jcallaway
t
DRAFT 3/22/96 12:07 PM
This is a working draft and intended to facilitate obtaining a .final
document. It may contain <errolrs or omissions and is'in need of further
revision. It 'is intended only for those to whom. it is addressed.. IT 1S
NOT `FOR DISTRIBUTION. Please. review it carefully. and make .any
changes or corrections as necessary.
STATE Of TEXAS
COUNTY OF BRAZOS
DEVELOPMENT AGREEMENT
This Agreement is entered. into this the day of ,
1996 by :and between the CITY OF COLLEGE STATION, a Texas Home Rule Munici-
pal Corporation (hereinafter referred to as "CITY"), and J. U. Henton and David
Scamardo (herein referred to as OWNERS).
WHEREAS, J. V. _Henton owns Lot 3 Henton Subdivision,. College. Station,
Brazos County, Texas {herein referred to as PROPERTY) depicted in he plat attached
hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, David Scamardo owns Lots 1 and 2, Henton Subdivision, Co0lege
Station, Texas, which are adjacent to .the PROPERTY;
WHEREAS, on January 9, 1986, Henton applied for a rezoning of the Lot S from
A-P to R-4 and R-1 A;
WHEREAS, the :College Station City Council ...approved the -rezoning of .Lot 3
contingent upon Henton constructing a wall between. the R-4 zone and the. R-1A zone.
A copy_of the Minutes from the hearing are attached hereto as Exhibit "B" and the plat.
is attached hereto as Exhibit "C" both of which are incorporated herein by reference;
WHEREAS, Henton neither constructed the wall nor developed the PROPERTY;
WHEREAS,. on February 9, 1995, the College Station City Council held a public
hearing for the consideration' of a rezoning request submitted by Henton for the
PROPERTY from zone R-4 to R-7 A;
jyc/rnar96/henton.doc
3/2?~J6
WHEREAS,: at the pubfic hearing Henton requested. the removal. of the require-
ment that he construct a wall that was established in the 1986 rezoning; and
WHEREAS., the City Council rezoned the property o R-1A as requested by
Henton :contingent upon cons#ruction of a wall but .moved the location of the wall to the.
common'boundary tine between Lots 1 and.2, Henton Subdivision, the adjacent tract of
land :zoned A_- P, and the PROPERTY and the execution of a Development Agreement
between David Scamardo, Renton and the CITY;
NOW THEREFORE, for and in consideration of the promises and covenants
expressed herein the parties hereby mutual)y agree as follows:
1. OWNERS agree to construct a fence on the common boundary between
Lots 1 :and 2 and the PROPERTY..
2. The fence hall be constructed with brick columns .and wooden .fence
interconnecting between he brick columns. The fence shall be six feet (6') in height
and shall extend across-the common lot line .between Lots 1 and 2-and Lot 3. The
location of the fence is depicted in yellow in Exhibit "A".
3. OWNERS. agree o construct he fence at the time of development of Lots
1 or 2, whichever occurs first.
4. OWNERS shall post a financial guarantee in -the form of a payment bond
acceptable to CITY to guarantee the cost to construct the fence.. :The amount of said
guarantee shall be established by a written cost estimate prepared by a contractor
estimating the cosh to construct the ..fence... OWNERS shall obtain and submit. the
construction cost estimate to the Planning Department upon .execution of this agree-
meat.
5. No Building permits or Certificate of Occupancy shalt be issued for Lots 1
or 2 until such time that the fence is constructed.
-2-
js/c/mar96/henfon. doc
3/22/96
6. If OWNERS fait to construct the fence as provided for. in this agreement,
or OWNERS fail to comply with any. provision in this agreement, such failure shall
constitute a default. In such event the parties herein agree and understand that:
a. CITY shall be authorized file a claim against- the payment
the bond.
b. A written. notice signed by' the.. Director of Development
Services stating that OWNERS are in default shall
constitute sufficient authorization for filing a claim on the
bond provided for the. benefit of the CITY by OWNERS..
c. Presentation by CITY, beneficiary of the bond, for collection
by Director of Finance. shall. be in the following form:
I, Jim Callaway, :Director of Development Services
(or fiis delegate).. hereby file a claim on Payment
:'Bond No. in the amount of
for default of the Development
Agreement.: dated between the City of
College Station, .OWNERS.
d. The funds secured by the payment bond shall be used by
CITY to construct the fence at the designated location.
e. If the'funds guaranteed by the .payment bond are insufficient
to cover he actual `cosf of construction: of the fence,
OWNERS agree thatthe tendering of thindocument with a
sworn statement of the Director of Development. Services
that OWNERS are in default shall constitute sufficient
evidence for a confession of judgment and OWNERS agree
that they do hereby confess judgment.
f. CITY will not issue `building permits or a certificate of
occupancy for Lots 1, 2 or 3 until he defaulting party cures
such default.
g. if Lot 3 has not yet been developed, the zoning classification
of R-4 shall be reinstituted with its restrictions and .the R-1 A
rezoning shall be null and .void.
-3-
js/c/mar96/henton.doc
.3/2296.
DRAFT
3A22/96
12:07 PM
7. It is understood that`#his 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 contract shall take place in .Brazos County,
Texas and that venue shall lie in a court of .competent jurisdiction in Brazos County,
Texas.
8. The parties agree that .they. have read the terms of this agreement and
familiarized themse ves with the requirements hereunder and agree that they under-
stand their rights and responsibilities hereunder.
9. It is understood and .agreed that this agreement shall be binding upon and
.shall inure to he :benefit. of the parties and their respective heir, lessees, representa-
tives, successors :and assigns.
1D. It is understood that this agreement contains the entire agreement
between the .parties and supersedes any and all prior agreements, .arrangements, or
understandings between-.the parties relating to the subject matter. No orat understand-
ings, statements, promises or inducements contrary to he terms of this agreement
exist. This agreement cannot be changed or terminated unless in writing and agreed'to
by both: parties.
11. OWNERS hereby release, relinquish and discharge CITY, its .officers,
agents and employees, from all claims, demands, and causes of action of every
kind .and character including the cost of defense thereof, for any injury. to, unclud-
ing death of, person (whether they be third persons, contractor, or employees of
either of the parties hereto) and any loss of or damage to property .(whether the
same be that either of the parties hereto or of third parties) caused by or alleged
to be caused, arising .out of, or in connection with this Development Agreement
-4-
js/c/mai96/henton_tloc
3/22196
whether or not said claims, demands and causes of action in whole or in part are
covered by insurance.
12. The parties executing this Agreement state that they are each authorized
to sign on behalf of their respective corporations. OWNERS shall provide proof of their
authorization to enter into this agreement.
13. All notices and documents required herein shall be sent and provided to
the parties at the addresses and telephone numbers listed below:
City of College;Station
Director of Development'Services
P. 0. Box 9960
College ..Station, Texas 77840-0960
Phone: (409).764-3570
J. V. Henton
HC 30, Box 6M
Brownwood, TX
Phone: (915) 643-6486
David Scamardo
111 FM 2818;
Bryan, TX 77083
14. All notices and documents shall be -deemed received when mailed with
sufficient postage. and deposited in a regular mailbox of .the United States Post office.
The parties may change addresses ,upon thirty {30) days' written notice sent certified
mail.. return receipt requested.
15 This Agreement shall be filed of record in the .Official Records of the
Brazos. County Clerk, Brazos County, Texas:
16. In the event of litigation, OWNERS agree to pay and shall pay all of the
attorney's fees, court costs and other `litigation costs of CITY.
jyo/mar96/henfon.doc
3%22/96
-5-
_ - ~ _
, ..
r e
DRAFT
3/22/96
'12:07 PM
Executed this the day of , .1996..
AGREED: AGREED:
J. V. HENTON CITY OF COLLEGE STATION
DAVID SCAMARDq
BY: BY:
J.V. Renton Mayor Larry Ringer
ATTEST:
BY:
David Scamardo
Connie Hooks, City Secretary
APPROVED:
George K. Noe, City Manager.
-APPROVED AS TO FORM:
Cathy Locke, City Attorney
Ii APPROVED AS TO FINANCING:
Glenn Schroeder, .Executive Director
of f finance
!,
'~
I
-6-
js/c/mar96/henfon.doc
3/22~J6
II
,'
DR~4FT
3/22/96.
3:29 PM.
THE STATE OF TEXAS
ACKNOWLEDGMENT
COUNTY OF BRAZOS
Before ' me, the ..undersigned authority, on this. day personally .appeared
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 he `purposes and consideration therein .expressed,
Given ,under my 'hand and seal of office on this. the day of
1996.
Notary .Public in and for
The State of fiexas
THE STATE OF TEXAS )
ACKNOWLEDGMENT
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 `Texas Municipal
Corporation, known o 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
consideration wherein expressed...
Given under my fiand and seal of office on this the day of
1996. ,
Notary Public in and fore
The State of Texas:
-7-
js/c/mar96/henton.doc
3/22i96
.Y / V'
Y /
~ ~'. \
I~~ ~ ~'` _ ~ • t
From: Steve Homeyer ~-~~'`
To: ENGINEERING, PLANNING '~,
Date: 4/.7/97 2:27pm
Subject: Renton Subdivision
I have spoken to Ridell Renton on several occasions about detention at his
site. He does not, and I mean DOES NOT, want to build a detention facility.
when he called today he thought that I was somebody different than who he
spoke to last time and tried to convince me that detention would not be
required. I sent him back to Garrett the first time we spoke to see if there
was an alternative solution that had not been addressed to date. Earl said
that there-were. a few, but they cost-more than the pond itself. This is a
heads up to anyone that he may call, to forward him back to me if you so
desire.
From:. Jane Kee
To: RNEMCIK
Date: 6/26/96 8c58am
Subject: David Scarmardo development agreement -Reply'=Reply
thanks - here's the tentative schedule we're relaying to Scarmardo.. His final
plat goes to P&Z 7-18. Doesn't have to go on to CC. We'll hold it ..for filing
until the DA is approved by CC. I know we can't make .the next CC mtg. 7-ll so
we'll tell him we'll shoot for the 8-8 CC mtg. That should gives us plenty of
time.
»> Roxanne Nemcik 06/25/96 02:18pm »>
Jane,
thanks far the comments and info. I'll work on this as soon as I get some
time.. .Hopefully in the next two weeks.
»> Jane Kee 06./25/96 11:49am »>
This a-mail goes, along with hard copy being sent to you that includes the
draft Development Agreement {D.A.) dated 3-22-96 from your office and a
letter dated 6-11-96 from Tom Giesenschlag to our office. The following
comments follow the numbered comments in the Giesenschlag letter and refence
certain numbered parts of the D.A.:
1. I do not see where this is NOT stated correctly in the proposed DA. Maybe
I missed. it.
2. I do not understand his comment here. The DA seems OK to me in this regard.
3. I agree. This would delete 4. from the DA on pg 2. Should also include
lot 3 in 5. of the DA on pg,2.
4. We should include this language. it basically leaves the fence .location
flexible and dependant upon where the residential and non-residential lines
ultimately meet. This would alter 1. of the DA on pg 2.
5. I have no comment here.. It's a legal thing.
6. Of course!
When these revisions are ready we can take this DA to CC. We have a plat
waiting to be processed. pending this agreement.
Thanks for your help.
From: Paul Kaspar
To: Natalie Ruiz, SVOLK~City of College Station.City
Date: 5/20/98 8:23AM
Subject: Re: Henton subdivision lot 3 -Reply
We indeed have approved construction plans for this Lot 3. They were done back when Steve was here
and / wasn't. Parkland has not been paid nor has the Plat been tiled. Before they could get their DP,
they had to get us copies of an access easement that was needed to build the private drive .according to
the approved construction plans.
For whatever reason, David Scarmardo sat on this and never did anything with it. He was supposed to
come and talk to me about doing some changes to the private drive, such that the access easement
would not be required: The changes that Gary Arnold with TXCON explained to me that David wanted to
make, would require the plat to be changed as weN as the construction plans. I believe 1 met with Gary
Arnold the last week in April regarding #his, but David never showed up for thaf meeting.
That's about all I know on this. 1 figure when it gets important to David again, we will hear from him.
»> Shirley Volk 05/20/98 08:13AM »>
What ever happened on this? My recollection,was that infrastructure. plans were never approved - I think
drainage, specifically! Update me so I can erase this, please! Thanks.
»> Paul Kaspar 04/23/98 02:07PM »>
That's right,. I am trying to find out ifYhe contracfor has approved plans so he cans begin construction of
the infrastructure. 1 don'# know if the plat is filed: 1 was just checking. our files to see what was required
for a DP and happened to see the little note Steve H, left in the folder about parkland.
>» Natalie. Ruiz 04/23/98 10:36AM »>
For single family permits? Are you sure that the final plat is filed that shows all of the individual lots?
From what I remember, they still needed to guarantee or build the infrastructure in order to file the plat.
If:the plat .has not-been: filed, that means we have not received the parkland dedication.
»> Paul Kaspar 04/23/98 08:49am »>
They will be coming in_sometime for some permits. For some reason in our DP file on this subdivision we
have a note #hat says Parkland Dedication. needed to be paid (14 lots) Just wanted to let you know fo
see if that has been taken. care of or not,
From: Jane Kee
To: SVOLK
Date: 9/23/96 3aOpm
Subject: henton plat -Forwarded -Reply
Pve got to meet with Bert right now so may not get to it today. The only reason I can think of a deadline was that the wall was a condition of zoning and
maybe for some reason that we don't know he has to go back through some rezoning -god forbid.
»> Shirley Volk 09/23/96 02:15pm »>
As near as I can tell, all he will need to do is to pay the parkland dedication since apparently Sabine & he have worked out the reasons the dev. agreement
was needed, therefore, Ireally don't know of anything else he will have to do, and can't imagine why he would think he had to meet a deadline on the 25th! I
have the file in my office incase you want to look at it.
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