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HomeMy WebLinkAboutLegal DocumentDEVELOPMENT AGREEMENT This Agnement is entered into this the ~ day of , t 997, by and between the CITY OF COLLEGE STATION, TEXAS, a Texas Home-Rule unicipa( ration (hec~einafterrefemed to as the "City', and 1NTEGROUP, INC., a Florida Corporation, (hereinafter refe[red to as "Developer"). WHEREAS, Developeris oc will be the owner of an a trail of land depicted and described on the.p[at attached hereto as Exhibit "A" (hereinafter referred to as "Property'); and WHEREAS, on July 11, .1996, .the City Counal rezoned the property with conditions that would be incorporated into a development agreement; and WHEREAS, the conditions imposed on the rezoning require road improvements, sewer improvements and density limitations on the development; and 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. Developer will make certain off-site and oversize improvements necessary to support the proposed development of not more than 500 apartment dwelling.. units. Offsife and oversize improvements to water, wastewater- and streets to be consfn~cted by Developerare set forth in the plans and specrfications incorporated herein by reference. City and ®eveloper acknowledge that estimated costs are estimates only and the obligation of the parties are based on the scope of work set forth in the plans and specifications. 2. City;will pay $200,000:00 to-Developer for off-site and oversize infrastructure improvemectt§ upon completion and acceptance of said improvements by City and provided that° n Deve[oper• has constructed the improvements in accordance with all puns, specifications and City ordinances; _and (' ,the cost of such improvements-equals or.exceeds $200,000.00. ,.. _. • ~~ 3. To the extent permitted by law and. upon compliance with al(-applicable legal, procedural and regulatory requirements, City will establish a Tax Increment. Financing District (hereinafter referced.to as `TIF Distrid~ pursuant to Chapter 31 t of the Texas Tax Code, as amended. The Reinvestment Zone will consist of the property owned by developer upon which will be' constructed all of the proposed Melrose Project Site. The Reinvestment Zone wt'ii also include all street. rights-of-way and; utility easements necessary to construct the improvements described in the plans and specifications. 4. Subject, to the requirements established. in paragraph 3 hereinabove .and the adoption of approved financing and project plans as defined in Section 31 t .002 of the Tax tncxement Financing Act, .City will pay Developer, solely out of tax revenues generated by the Reinvestment Zone. $50,000.00, per year for a total hot to .exceed $150,OOO.OO.The refund payments from. the TIF District are made to Developer in consldecafion for construction of the off-site and oversize improvements described in the plans .and. spefications that will benefit the commu~ify as well as the Melrose project. City and, Deye(oper expressly agree and understand that that in the event that the TlF District produces revenues that are insufficient to relmbucse Developer as anticipated in this agreement within the five-year' term of the TIF District, City shall not' be obligated to pay Developer' for any .deficiency. In no case will any t~efund payment for any oneyeac exceed the lesser of (a) $50,000 or (b) City's Tax incxement revenues from the Page 1 of 4 lahb:lgroupVegaM~ala~ doc 1/2&97 Reinvestment Zone for that year. City agrees to create the TIF District for a period of five years from the effective date of the Reinvestment Zone. 5. Developer, at its. cost, will furnish to City, all metes and bounds or other legal descriptions necessary to describe the boundaries of the Reinvestment Zone described in paragraph 3 above. g. Developer has submitted p{ans and specifications to City for the improvements and those plans and specifications have beers approved by the City. Said plans and specifications are incorporated herein by reference as if set out in full herein. Developer will constnrct ail of the offsite and oversiie improvements at its own .cost and expense and be reimbursed pursuant. to paragraphs 2 and 4 hereinabove. 7, iNDEMNIFiCAT10N: Developer agrees to and shad, for a five year period from the date of hold harmless, and .approval and acceptance of the improvements. dedicated to the City, indemnify, defend the .City, its officers, agents,.and, employees, from and against any and al( claims,'losses, damages, causes of action, su"rEss snit Iiabil'rty of every kind, including alt expenses of [rogation, court costs, and attorneys fees, for injury to or death of any person, or for damage to any proliertjr, or for breach of contract, arising out of or in connection with this Agreemerrt, the work to be performed hereunder, acid ttie properties. designated during site and offsite construction, regardless of whether such injuries, death, damages, or breach are caused in whole or in part by the negligence of the City. 8. RELEASE: Developer, its successors-in~nterest and assigns hereby release, neliriquish and discharge the City, its agents, officers, and employees from alt claims, demands,. and causes of action of every kind and character, including the cost of defense thereof, for. any loss 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 Vvith this - development agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless ofwhether such toss, or damage was caused in whole or in part by the negligence of the C"sty. 9. ff is understood that this Agreement shalt be governed by, and construed and enfon~d in accordance with, and subject to, the taws of the State of Texas. The. parties agree that perfomlance of this Agreement shall take place in Brazos County. Texas, and .that venue shall lie in the court of. competertf jurisdiction in Brazos County, Texas. 10. Tne parties agree that they have read the temu of this Agreement and famTarized themselves with the requirements hereunder and agree that they understand their rights and responsibii'~ies hereunder. 11. tt is understood and agreed that this Agreement shall be binding upon and shap.inune to the. benefrt of the parties and their respective heirs, lessees, rePcreseritatives. successors, and assigns. 12: If is understood that this Agreement contains the entire agreement between the parties acid supersedes and all prior agreements, arrangements, or rinde[standings 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. Page 2 of 4 dahb.-lgroupYe9slYnele9r.doc 12&97 3. The parties executing this Agreement state that they are each authorized to sign on behalf of their respedive corporations.. .Developer shall provide proof of his authorization to enter into this Agreement as owner or from the owner of the property 14. Time. Time is of the essence. Unless otherwise. specified, all. references to `days' shat( mean and refer to calendar days.. Business .days shall exdude al( Saturdays, Sundays and Texas legal. banking holidays. In the event the date for performance of any obligation hereunder shall fall: on a Saturday, Sunday or Texas ' ular business day. legal banking holiday, then that obligation shall be performable the next following reg 15. Severability. if any of the temu :and conditions hereof steal( for any reason be held to be invalid, illegal, or unenforceable in .any resped, .such validity, illegality, or unenfor~ceability shall not affed any other of the terms and conditions. hereof and the terms and conditions hereof shall thereafter be construed as if such invalid, illegal, or unenforceable terms and .conditions had never been contained herein. 16. Counteryarts. This agreement may be executed in any number of'iderttica( counterparts, and each counterpart hereof shall be deemed to be an original instrument, but all counterparts hereof taken together shat( constitute but a single instrument. 17. Pn~umpfion Conceminq InterTxetation. This Agreement shat( not be construed more stridly against virtue. of the fad that it may have been prepan~ by coutuel for one one party than .against the other merely by of the parties, it be recognized that all of the parties to this Agreement have contributed substantially and materially to the preparation of this Agreement. 18. Further Assurances. In connection with this Agreement as well as all transadigns contemplated by this Agreement. each signatory party hereto agrees: to execute and deliver such .additional documents and instruments. and to perform such additional ads as may be necessary or appropriate to effectuate, carry out and perform alt of the terms. provisions, and conditions of this Agreement in all such transactions. 19. Rentals. Any redtals in this Agreement are represented by parties hereto to be accrirate, and '~~ constitute a part of the substantive agceemerrt. Dated this the Or~~ day of ~~7' CITY OF COL-t-EGE STATION BY: LYNN dt_.HANEY, Mayor Page 3 of 4 IahblgroupVegaMnele9rdoc •no~n~ .ATTEST: C~~tih-~~ CONN[E HOOKS, City Secretary APP VEQ: ~ , G E K. NOE, City. Manager APPR VED AS TO FORM: ROXANNE NEMCIK, Acting City Attorney APPROVED A O FINANCING: EN SCHROEDER, iredor of Finanaai Services STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS) h ,~[~ a~~ `~`- da of , .1897 by LYNN This-instrument was•acknowiedged on tike Y ~~..." MciLHAN~1( in her capacity as Mayor of the City of Cot(ege Sf on, Texas a Texas Home Rule Muniapal"tty, on behalf of said muniapai'~ty. eF'`~Y ~~"`4~ Notary Public in and for t1SA A HUGHES • ° • t~fots~r F*a~ia. r~ of Texu the State of Texas ,, tb Qoa,cat,doa E~ ~ 7, tOSa +, '~~oF ~ STATE OF ~l~rr ~~-~- 1 ) ACKNOWLEDGMENT. COUNTY OF ~Q~.c~a~ ~ ~_ - - . '(9 This instrument was acknowiedged on the ~-.day of ~ ~ of INTEGROUE', INC., by RAr,ald F. Buckley as President.. a Florida Corpocation, on behalf of said corporation. .KAREN M. PERDUE s Natary Pu6Gc, State of Ronda Rotary Public in ~or My Comm. expires Sept. 19, 1999 of `~ ~~ '" Camm. Na. CC 486662 the State Iahb.'~groupVe paM~elag(doc .no~7 Page 4 of 4 PAGE . : ,~ `r lTY OF COLLEGE STATIf l `` 1101 TEXAS AVENUE POST OFFICE $OX 9960 LEGS STATION, TEXAS 77842-0960 (~ PHONE - (409) 764-3555 ~ q ~r~ o~ V PURCHASE ORDER PURCHASEOROER NO. 981679 A10VE NUMYEII-NUET APPEAl1 dI ALL CORREgPONDENCE.. DATE 9/15/1998 14431 V INTERGROUP INC. S Fi CITY OF COLLEGE STATION E 7077 BONNEVAL izn. I GITX HALL N 5iIITE 600 P llEVELOPMENT SERVICES- D JA'CKSUNVILLE ~'L 32'L16 1101 TEXAS AVENUE O . GULLEGE STATION T}i 7.7840 ~ R p DELIVER BY F.O.B. TERMS ACCOUNT NO. PROJECT NO. REO. NO. BID NO. 1:.2/31/199 N/A NET/30 13991119781000 ST98lEi OOQ0010719 -- uNe ~ QUANTITY UOM ITEM NO. & DESCRIPTION _ _ UNIT COST _EXTENSION 1 1.00 EA CITY'5 SxARE OF 200000.-0000 200000.00 OVERSIZE PAR'1'TCIPATION MONI;'X 1 taR MELROSE i~r'AC~TMENT CO(wik':jEX. COUNCIL APPROVAL 11'23%9.7, ITEM 7-G GRAND I.InTI/•C TA VCd111A0. Tl1IAIC1 IRC PR(1~APT PAYMENT \AAI1 INVAI(`F IN 1111P1 IPATF ANflr'.nPV nF TATA 1 ~ 7 n n n n (1 n n PAID FREIGHT BILL TO BE INCLUDED IFJNVOICING FOR PREPAID FREIGHT. MAILINVOICE TO ~ ATTN: ACCOUNTING DEPARTMENT,. P.O. BOX 9973, COLLEGE STATION, TEXAS 77842-0973: THE CIIY=OF,COLLEGE STATION CITY OF COLLEGE STATION IS'EXEMPT FROM FEDERAL, STATE AND LOCAL TAXES, FEDERAL ~ ~ ; , ,t ~;: ~ _ NO.74-790041 K STATE N0. 1-74-6000534-5. SEE REVERSESIDE FOR TERMS AND CONDITIONS. 1' '? ~ - - -PURCHASING Ai "ACCOUNTING USE ONLY" Voucher No. Amount See Above _ __ _ Invoice No. _ ____. Account No __ .See Above________ __ __ P.O. No. See Above _ _ _ Due Date _ Project No. _ See. Above _ _ _ __ _ Bank Codc3 __ _ _ __ _ _ __ _ __ _ Invoice Date - Item Desc. See Above _ __ __ _ _ Vendor No. _ _ __ ___ ____ _ _ Reference "f :_ ; ENT ITEM` NO. DATE RECEIVED QUANTITY RECEIVED ITEM No. DATE RECEIVED QUANTITY RECEIVED ITEM No. DATE RECEIVED QUANTITY RECEIVED iTE1A NO. DATE RECEIVED QUANTITY RECEIVED PAYMENT APRROVAL: P O COMPLETE YES. ^ NO ^ RE€~AR ~ tl~ti~1 :Deborah Grace - Re.;. Fwd; PO David_ yo,(Melrose) . ~ ~ ale. f .:i~. From: Jane Kee To: DGRACE~CITY OF COLLEGE STATION.CITY' HALL Date: 8/25/98 4:07PM Subject: Re: Fwd: PO David Mayo (Melrose) planning does not budget any OP money. It's all in Eng. I don't know if that's dev. eng. here in Dev. Serv: or down in Public Works »> Deborah Grace 08125/98 10:57AM »> Jim or Jane. Please identify the source for Buget so I can get the PO on the system. Thanks. »> Charles Cryan 08/21 /98 08:52AM »> We need to set up Melrose with the following accounts: Oversize Participation, Streets °~ Water '~ .Waste Water The total Budget. is to be $200,000 from OP funds budgeted (will need to identify source with Planning) Melrose TIF will provide $500,000 beginning in FY 2000, with funding to be $50,00 per year from City (3 years) and $50,000 per year from School :District (7 years). 7otai budget for the project is $700,000'which is to be paid'/ from both the school district and the city. q-i~-~~s ~ ~~-J ~ v-~o~ ~~~a A~ O c~~2 ~e~\ 3~~~~ W~~-~h~ S~cc52 ~S ~Q ~~ ~Q~O~ cal ~~c~ . ~~: e~~~5 ~ ~ c~0.~ . 1' \ '-` rC_ ~ ~°~~ ~~~ ebnrah Glace - Purc ase , equisiaon. - ~-,..... -- ----- -- ~ - - . _... ..... .....:... -From: Purchasing 8~ Accounting (Cynthia Sciull, To• ' Mail List A -Management Council Members, Mail Li... Date: 9/11/982;47PM ., .Subject: Purchase Requisition ~ Invoice Deadlines ~~" ~ REM/NDER ~~. The deadline for submitting purchase requisitions for FY97-98 is Friday, September 18. The deadline for receiving,and having invoices to.Accounting is Friday, October 9. Remember the invoices must be for goods and services that have been received by September 30. You may enter requisitions :after September 18 but they will be FY98-99 purchase orders and will not be _ .issued until October 1 unless there is an emergency or special circumstance that Purchasing is aware of. Please feel free to call anyone in us if you have any questions or need help. Thanks. P - E'AGE `~~ ;ITY OF COLLEGE STA'~1~ 1 `~ *" 1101 TEXAS AVENUE POST OFFICE BOX 9960 / COLLEGE STATION, TEXAS 77842-0960 ~• PHONE - (409)764-3555 Q PURCHASE ORDER 11368 V ORR, TNC. 3OE S GiTY OF' COLLEGE S'T'ATION E 2167 P05T OAK CF2. ~"~ CITY HALL -~ COLLEGE STATION TX .778;40 P pEVELOPMENT SERVICES D 1 101 TEXAS AV ENEIE O T COLLEGE STATION TX ?7840 R p DELIVER BY F.O.B. TERMS ACCOUNT_NO PROJECT NO. REQ. NO. BID NO. 9/11/1998 N/A NE'P;'3b 1399111g731r100 ST9816 000001055$ UHer QUANTITY UOM ITEM N0. & DESCRIPTION _ `UNITCOST. - `EXTENSION 1 1.00 EA 5URVEY i)F RIGHT-OF-WAY 1560.00.00 1560.00 ApDiTION TO WEST I.tr7•HER G~ ' ° ° Q GRAND NATICE TO VENDORS TO INSURE PROMPT PAYMENT MAIL INVOICE 7N DUPLICATE AND COPY OF rnrn r 15 6 0 0 0 PAID FREIGHT BILL TO BE'INCLUDED IF.INVOICING FOR PREPAID' FREIGHT. MAIL INVOICE TO `-- -- - - - -- - ' ATTNi ACCOUNTING DEPARTMENT,'P.O. BOX 9973, COLLEGE STATION, TEXAS 77842-0973. THE CITY OF COLLEGE STATION ~ ; CITY OF COLLEGE:STATION 1S EXEMPT FROM FEDERAL..STATE AND LOCAL TAXES, FEDERAL t~~ N0.74-790041K STATE NO: 1-7A-6000534-5: SEE REVERSE SIDE FOR TERMS AND CONDITIONS.. `; _ ~ ~' / '~ "'`~' - PUP~HA9iNG AGENT - Voucher No. -_ ______ _ __ Amount - "ACCOUNTING USE ONLY " See Above Account No. Seo Above _ _ P.O. No. _ Project No. See Above _ ___ Bank Code .See Above __ Invoice No. _____ Due Date Invoice Date Item Desc. S©e Above Vendor No. _ Reference ITEM No. DATE RECEIVED QUANTITY RECEIVED ITEM No. DATE RECEIVED QUANTITY RECEIVED ITEM No. DATE RECEIVED QUANTITY RECEIVED ITEM No. DATE RECEIVED RUANTITY RECEIVED PAYMENT APPROVAL: P.O. CO1ti4PLETE YES.. ^ N4 ra~~AR-~M~r~T ,_ ,. ~. Request for Purchase Order Does this need to have a project number set ups ~ N ~~ If yes, call Carol Arnold at ext. 3 565 so she can set up project .number.. Then give to Deborah Grace for further processing of P0. Council Meeting Date: t ` `~~ Item Number: Amount of PO: $ ~bU What accounts are associated with this PO Amount ~~~°~ c 1~.('e~. Water. $ ~\` ...Sewer $ Drainage ROW $ .. ~~~ `~, ...~ Who is the Vendor for Purchase Order: ~~`"~_ `~ Is there a Contract or bevelopment Agreement? (~ NN . If there is one please attach a copy with this form. `V------~~~ _ - Mail Vendor confirmation copy: Payment Terms: Net 30;(unless otherwise stated) ~-~