HomeMy WebLinkAboutLegal Documenttli/21i'~6 14:36 Lri`409 764 3496 DEVELOPMENT SVCS ~ 002
Amendment to Development Agreement
7~
Thi""s~~Amendment to the Development Agreement is entered into this the //
day of No ~~ ~ h~~ 1996, by and between the City of College Station, a Texas
home-rule municipal corporation {the "City"}, LaConr Investments, a Louisiana limited
par6aership {"LaCour"}, and SCC Development, Ltd., a .Texas limited partnership
("SCC', and amends the Development Agreemerrt entered into by and between the
parties dated March 25,1996.
WHEREAS, Paragraph 10 of the Development Agreement Curren#ly requires SCC
to construct a rottdway through Lot One for the future extension of Kyle. Street South in
consideration for the City's agreement nat to further assess SCC for any additional
improvements that the £ity might later make to the roadway.
WHEREAS, Paragraph 14 of the Development Agreement currently requires 5CC
to comply at all times with all other applicable City ordinances affecting the use and
development of the land described in and covered by that Developmen Agreement, and
whereas Chapter 12, Section 10.2 B of the City's Code of Ordinances requires SCC in
this case to construct a pedestrian sidewalk along the Harvey Road perimeter of Lot One.
WI~R.EAS, and contrary to the above-stated requirements, SCC does not now
wish to construct ail of the required roadway or all of the required sidewalk.
WHEREAS, the City has agreed to construct the remainder of the roadway and
the remainder of the. sidewalk at a later date in exchange for further comparable
reductions in the price at which SCC will later convey the right-of way for the Kyle
Street South extension to the City pursuant to Paragraph. 12 of the Development
Agreement.'
NOW THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties do hereby agree
and covenant to amend the Development Agreement as follows:
I
A. The end of the only sentence of the second full paragraph an page 2 of the
Development Agreement, beginning with "WHEREAS" and ending with "and as
shown on Exhibit B" is hereby corrected to end "and as shows on Exhibit'A."
B. Paragraph ~ 3 of the Development Agreement is hereby deleted in its
entirety and replaced with the following new Paragraph 3:
"In compliance with, and ~fulfillment,of, the requirements set forth in Section
7.21D of the City's Zoning Ordinance, SCC agree and do hereby
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X1/2]./96 14:38 $409 764 3496
DEVELOPMENT SVCS
[~ oos
STATE OF TEXAS )
ACKNOWLEDGMENT
COUNTY OF HARRIS ) ~,
's ins ent was acknowledged before me on the day of
19~by Fred J. Heyne III, in his capacity as Chairman of the
Board of Directors of SCC-GP, inc., a Texas corporation, on behalf of said corporation,
and the corporation acknowledged this instrument as the .sole general partner of SCC
Development, Ltd., a Texas limited partnership, on alf of said partnershig.
otary lic in and.
the State of Texas ~~ ,~9~
,n~ .. ~.LB-~iE HEgS°tQ~K
~~~~~~~ [~C37'ARY PU~LI~
r~:~ State of Texas
<m; C~mn°l. Exp. ®s-o~as
~~
THE STATE OF FLORIDA } -
} ACKNOWLEDGMENT
COUNTY OF F.,SCAMBIA )
This instrument was acknowledged before me on ~~-r'
~.t icl-~ , 1996, by Charles D. LaCour, as Managing Genet°al
Partner of LaCour investments, Louisiana limited partnership, on behalf of said
partnership.
a-~°`~ ~ /h -ems
Notary Public in and for
The State of Florida
dr,~:frYitPFllllTlllJl~lllllllll~llllllr'i~'r'll)~~d~l'f
> p1*~" pro y Susan M. Green. '
~ : ° Notary Public, State of Ftoritta ; <
> P Commission No. CC 589590 '
~ ~oF ~Qe My Commission Exp. 10111!2000 ;
> ~
, 1.800-3-NOTARY • Fla Notary Sctvic~ :Pi Ren:!ing Co. ; ~
STATE OF TEXAS ) »»»»»»~»~~»»»~~y'~~~~y~~,~s»s~»»~~'
} ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the day of
19 , by Lynn McIIhaney, in her .capacity'. as Mayor
of the Gity of College Station, a Texas home-rule municipal corporation, on behalf of
said mnnicipa[ity.
Notary Public in and for
the State of Texas
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_~--
DEVELOPMENT AGREEMENT
This Agreement is entered into this the ZS ~ day of f~ar~i 1996
by and among the CITY OF COLLEGE STATION, TEXAS, a .Texas Home-Rule
Municipal Corporation (hereinafter referred to as the "City"), LACOUR
INVESTMENTS, a Louisiana Limited Partnership (hereinafter referred to as "LaCour"),
and SCC DEVELOPMENT, LTD., a .Texas. Limited Partnership, or .its assigns,
(hereinafter referred to as "SCC").
WHEREAS, LaCour is the owner of a certain 4.339 acre tract and a certain 7.891
acre tract, both in the. Morgan Rector League, Brazos County, Texas, and being more
fully depicted and described in the revised, proposed preliminary plat for LaCour
Subdivision, Phase One, attached hereto as Exhibit "A", incorporated herein by reference,
and hereinafter referred to as the "Preliminary Plat".
WHEREAS, LaCour has proposed' to sell, and SCC has agreed to buy, the 4.339
acre tract, denominated as, and hereinafter referred to as, "Lot One" on the Preliminary
Plat.
WI-~REAS, the City is interested in acquiring, by dedication, sufficient right-of-
way for a future extension of Kyle South Street.
WHEREAS, SCC has agreed to grant the City a thirty foot (30') wide "Private
Access Easement" through Lot One, running from the most southerly corner of Lot One
north and west through Lot One to Harvey Road and as on the Preliminary Plat.
WHEREAS, SCC has also agreed, upon certain conditions, to grant Austaco, Inc.,
the owner of property adjacent and to the west of Lot One, a thirty foot (30') wide
"Private Access Easement" through Lot One, said easement being directly parallel with
and adjacent to that portion of the most westerly property line of Lot One that is also the
most easterly property line of Austaco, Inc. and overlapping a portion of the City's thirty
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foot (30') "Private Access Easement" described above, and all as shown on the
Preliminary Plat.
WHEREAS, LaCour owes a significant amount of property taxes on both Lot One
and the 7.891 acre tract, and LaCour is .unable to pay those taxes prior to selling the
properties and is thus unable to comply with City ordinance No. 1816, codified in the
City's .Code of Ordinances at Chapter 9, Section 6-D.4.4, which requires developers
seeking approval of a new subdivision plat to submit certificates from all taxing
authorities showing payment of all ad valorem taxes on the property.
WHEREAS, LaCour and SCC .desire to comply with the City's Wolf Pen Creek
Zoning Ordinance in other respects ..and: have elected to comply with said ordinance by
dedicating to the City the minimum reservation area required by Section 7.21D of the
Zoning Ordinance, and as shown on Exhibit B.
NOW, THEREFORE, for and in consideration of the recitations above and in
consideration of the promises and covenants herein expressed, the parties hereby agree
and covenant as follows:
1. LaCour agrees and does hereby donate to the City the 5.100 acre tract, as
depicted on the Preliminary Plat and hereinafter referred to as the "Wolf Pen Creek
Dedication".
2. LaCour agrees to and shall dedicate to the City a thirty-five foot (35') wide
right-of--way (approximately 0.094 acres) for the extension of Kyle Street South
(hereinafter referred to as the "Kyle': Street South Dedication") from the southernmost
property line of the Wolf Pen CreekDedication south to the southernmost property line of
the "Reserve Tract for Future Development" (hereinafter referred to as the "Reserve
Tract"), all as depicted on the Preliminary Plat.
3. LaCour and SCC agree`. and do hereby dedicate to the City a strip of land
out of and along the southeast property line of Lot One. Said strip of land being twenty
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feet (20') wide, containing .295 acres, and as shown on the Preliminary Plat. This
dedication is being. made in compliance with, and fulfillment of, the requirements of the
Wolf Pen Creek Zoning Ordinance.
4, SCC agrees. to and shall grant the City and LaCour a thirty foot (30') wide
"Private Access Easement" for maintenance and engineering purposes through Lot One,
running from the most southerly corner of Lot One north and west through. Lot One to
Harvey Road and as depicted on the Preliminary Plat. In addition, SCC .agrees that in the
event Austaco, Inc., the property owner immediately to the west along Harvey Road,
agrees and does, in fact, close its most easterly curb-cut/access drive onto Harvey Road,
Austaco may thereafter use the northern portion of this Private Access Easement for
access from its property through Lot One to Harvey Road.
5. Out of the proceeds of the sale of Lot One, LaCour agrees to and shall pay
all accrued ad valorem taxes, including any and all outstanding taxes for prior years and
the accrued, pro-rata portion of taxes for the current year for Lot One, the Kyle Street
South Dedication, and the Wolf Pen Creek Dedication. Within seven (7) days of the sale
of Lot One, LaCour shall provide the City with certificates from all applicable taxing
authorities showing payment of all ad valorem taxes, both for the current year and all past
years, for Lot One, the Kyle Street South Dedication, and the Wolf Pen Creek Dedication.
Until such time, the City agrees to temporarily waive the application of a section of City
Ordinance No. 1816, codified in the City's Code of Ordinances at Chapter 9, Section 6-
D.4.4, which requires developers, prior to approval and filing of a final plat,'.. to submit
certificates from all taxing authorities showing payment of all ad valorem taxes on the
properly.
6. Contemporaneous with the execution of this Agreement, LaCour agrees to
and shall provide the City with either a federal bankruptcy court order authorizing the sale
of the property subject to this Development Agreement, or in the alternative a court-
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approved .plan of reorganization that authorizes LaCour to sell or otherwise dispose of
this property.
7. The City agrees not to make any future assessments against the Reserve
Tract for the initial construction and extension, including the initial design and
construction of associated drainage improvements, of Kyle Street South through the
Reserve Tract. The City reserves the right, however, to make other future assessments
against the Reserve Tract, .including without limitation assessments for subsequent
maintenance costs.
8. LaCour will designate on the final plat the area within Lot One. for the right-
of-way for the future extension of Kyle Street South, which right-of--way shall ultimately
be acquired by the City.
9. SCC agrees to incur and pay without recourse the costs of the design and
construction documents for the initial construction of Kyle Street South through Lot One.
In addition, the City will participate with SCC in an engineering study to determine the
grade at which the extension of Kyle Street South will need to be built in order to
accommodate the design and construction of any required bridge as part of the extension
of Kyle Street South. The costs for this grade study, only, shall be borne by and divided
among the parties as follows: The City - 50%; SCC - 25%; and LaCour - 25%.
10. SCC agrees to construct within the designated right-of-way for the future
extension of Kyle Street South a roadway that meets the City's specifications for a
"commercial collector". In consideration for SCC's construction of said roadway, the
City agrees to make no further assessments, which would otherwise be allocated to SCC,
for any additional improvements that the City may elect to make to the roadway.
11. SCC agrees to and shall grant to the City a right of access over said
roadway for the purpose of the City's access, solely for maintenance and related purposes,
to the Wolf Pen Creek Dedication.
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12. At such time. that the City decides to extend Kyle Street South beyond
(south of) Lot One, the City shall acquire the Kyle Street South right-of--way through Lot
One, as designated on the final plat, from SCC at the contemporary fair market value of
the property not including the roadway improvements thereon.
13. LaCour and SCC agree to and shall provide the City with impact studies
associated with the preliminary plat, LaCour and SCC agree to financially guarantee the
costs of design and construction of a waterline from Harvey Road to the most southerly
property line of Lot One and from Holleman to the most southerly property line of the
Wolf Pen Creek Dedication. The form: of this .guarantee shall be a bond from SCC and
cash--out of the closing proceeds--from LaCour. The basis for. the amount of this
guarantee shall be the difference between the entire cost of a waterline as required by the
City less any oversize participation granted by the City Council as set forth in'the City's
subdivision regulations. LaCour and SCC agree that no plat of any portion of this
property will be filed until this guarantee is .posted with the City.
14. LaCour and SCC agree to comply at all times with all other applicable City
ordinances and state and federal laws affecting the use and development of the land
described in the Preliminary Plat.
15. LaCour agrees to and shall pay fifty percent. (50%) of the actual preparation
costs of this Development Agreement in an amount up to, but not to exceed, two thousand
five hundred dollars ($2,500.00). Costs. incurred to date equal $3,081.00, of which fifty
percent (50%) equals $1,540.50. LaCour agrees that this $1,540.50 plus fifty percent
(50%) of any additional costs incurred, up to a total of $2,500.00, shall be paid to the City
prior to submission of this Development Agreement to the City Council -for approval.
16. It is understood and agreed that any failure to meet the terms and conditions
of this Agreement terminates the Agreement. In such event, the City shall neither be
obligated to waive or defer any of its .ordinance requirements, nor refrain from assessing
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either Lot One or the Reserve Tract for the initial design and construction of Kyle Street
South, nor, at the City's option, comply with any other term of this Agreement.
17. It is understood and agreed that the continued effectiveness of this
Agreement and all its terms are dependent upon the occurrence of the proposed sale of
Lot One from LaCour to SCC within one-hundred fifty (1.50) days of this Agreement. In
the event that this proposed sale does not occur within one-hundred fifty (150) days of the
date of this Agreement, the Agreement shall automatically terminate and have no further
force or effect whatsoever.
18. LaCour hereby releases, relinquishes, and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind aad character, including'the cost of defense thereof, for any injury to or
death of any- person (whether employees of any party or other third parties) aad any
loss of or damage to property (whether property of the parties hereto or of third
parties) that is caused by, alleged to be caused by, arising out of, or in connection
with this Agreement or LaCour's work to be performed hereunder. This release
shall apply regardless of whether or not said: claims, demands, and causes of action
are covered in whole or in part by insurance.
19. SCC hereby releases, relinquishes, and discharges the 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 or death of any
person (whether employees of aay party or other third parties) and any loss of or
damage to property (whether property of the parties hereto or of third parties) that
is caused by, alleged. to be caused by, arising out of, or in connection with this
Agreement or SCC's work to be performed hereunder. This release shall apply
regardless of whether or not said claims, demands, and causes of action are covered
in whole or in part by insurance.
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20. LaCour 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, causes of action, suits, and liability of every kind, including all expenses 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 herein as the Kyle Street South Dedication, the Wolf Pen. Creek
Dedication and the Reserve Tract, regardless of whether such injuries, death,
damages, or breach are caused in whole or in part by the negligence of the City.
21. SCC 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, causes of action, suits, and liability of every kind, including all .expenses 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 is connection
with this Agreement, the work' to 'be performed hereunder, and the property
designated herein as Lot One, including but not limited to the twenty foot (20') wide
dedication to The City out of Lot One and the private access easements' granted by
this Agreement. This indemnification shall. apply regardless of whether such
injuries, death, damages, or breach are caused in whole or in part by the negligence
of the City, but it shall not apply where such injuries, death, damages, or breach are
caused in whole or in .part by the .negligence or intentional acts or omissions of
LaCour.
22. 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,
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Texas, and that venue shall lie in a court of competent jurisdiction in Brazos County,
Texas.
SCC, DEVELOPMENT, LTD. by
SCC-GP, Inc., its sole General Partner
23. 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.
24. 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.
25. 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 oral understandings, statements,
promises or inducements contrary to the terms of this Agreement exist. This Agreement
cannot be changed or terminated unless in writing and agreed to by both parties.
Dated this the ~ day of ~gr~ , 1996.
LACOUR INVESTMENTS
By
CITY OF COLLEGE STATION
By:
Fred J. eyn III, ~ (~ ~ ~~~~C1Q~
BY:
Ge ge oe, City Manager
APPROVED:
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Cathy Locke,
Glenn Schroeder, Executive Director
of Fiscal and Human Resources
Fta r~G,
THE STATE OF ~~ )
COUNTY.OF ~ )
€.seawJ~i4.
3 ~-9'G
Date
.~- ~/- ~~
Date
ACKNOWLEDGMENT
This instrument was acknowledged before me on (V~LcYe.~ 4- ,
1996, by ~avl~ ~, ~ . ~~~~~ as ~ ~ Pcw-~newf LaCour
Investments, a Louisiana limited Partnership, on be alf of said partnership and 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 consideration therein
expressed. ,,,"~~~~~~~,,
~`"~rAY P~B~i ; "OFFICIAL SEAL"
'~ ~~ ~*~ Susan Ivt. Gress ~
;l-.-N~ My Commissior, Expires ?Cr??/ o u is m an or
%F o~ ~ ~°.~' Commission #CC 23~»7~2 The State of - Ftoir ~c.~Cc.
THE STATE OF TEXAS )
}{-J} ~R - S) ACKNOWLEDGMENT
COUNTY OF B~ )
This instrument was acknowledged before me on ~ ~J 9~
1996, by Fred. J. Heyne III, as C. ~'t ~ I (` Yl'~ N D~~~ ~ SCC-GP, Inc., a Texas
corporation, on behalf of said corporation, and the corporation acknowwedged this
instrument as the sole general partner of SCC Development, Ltd., a Texas limited
partnership, and 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
consideration therein expressed.
~Z'i
otary c m an
The State of Tees:
f'
'~ ~~,.....~~~ Y~.~.i-A~ARit: RI`BSTO~i~ t
4 ~ `_.°~ NOTARY PUg~{C ~~
~Na ~ ~ State of Texas
~ `:;~fte~~ Comm. EXP. 05-OS-9i
-~
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THE STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
This instrument was acknowledged before me on ~1 C~~ ~~ :~1? ,
1996, by George K. -Noe, City Manager of the City of College Station, a Texas
Municipal Corporation, on behalf of said corporation and known to me to ~e 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.
~~,~.~~L
otary u is in an or
The State of Texas
Y
CELIA HERkANQEZ
Notary Public, State of Texas
My Commission Expires
SEPTEMBER 26. t999
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