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HomeMy WebLinkAboutLegal Document A11W- TlXMCOUHTY PfIHTlNGI 1EfMC!S .' - al~ \OLo '" DEVELOPMENT AGREEMENT This Agreement is entered into this the 13th day of November, 1997, by and between the City of College Station, a Texas Home-Rule Municipal Corporation (hereinafter referred to as "CITY"), and W. Dow Hamm, IlL, Corp (hereinafter referred to as "HAMM"), a Texas Corporation. WHEREAS, HAMM is the developer of the property more particularly described as Lot 1, Block 1, Wheeler Subdivision Phase One, (hereinafter referred to as "MARRIOTT PROPERTY"), as shown on the plat, a copy of which is attached hereto and incorporated herein by reference~ WHEREAS, City Council approved a motion to rezone 2.5 acres on the southeast comer of University Drive and Lincoln from A-P Administrative Professional to C-B Business Cpmmercial with conditions offered by the applicant, and WHEREAS, HAMM has proposed to build a Marriott Towne Place Suites extended stay hotel on this 2.5 acres, and WHEREAS, HAMM offered several conditions to mitigate potential negative impacts of a 3-story hotel at this location, and WHEREAS, impact sfudies have shown inadequate sewer capacity in the system for this use, and WHEREAS, HAMM agreed to pay for upgrades to the system to accommodate this particular use, and WHEREAS, HAMM desires to assure future sewer capacity for all properties within the Master Plat for the Wheeler Subdivision (planning case file #97-316) (EXHIDIT A), attached and incorporated herein by reference. WHEREAS, The CITY has determined it necessary to do additional upgrades that are not related to this particular use but necessary for future developments in the area, and WHEREAS, The CITY and HAMM have, agreed to participate in these upgrades, WHEREAS, The City Council considered and approved this Development Agreement on November 13, 1997, NOW, THEREFORE, for and in consideration of the recitations above and in . consideration of the promise-s and covenants herein expressed, the parties hereby agree and covenant as follows: "Q"DEVE_SER''DEV-AGR''BRINSDEN.doc'' 1 I> 1. HAMM shall be responsible for the cost of upgrading the 8 inch sewer line for the MARRIOTT and WHEELER PROPERTIES, as shown on the Wheeler Master Plat from M029 (Sheet 033, B 1) to M007 (Sheet 032, B2) (EXHIBIT B) to a 10 inch sewer line as outlined in the Impact Study submitted by Kling Engineering (EXHIDIT C) attached and incorporated herein by reference. CITY shall be responsible for the construction cost to oversize the above referenced line from a 10 inch to a 12 inch sewer line. CITY shall also be responsible for the design and construction cost to upgrade the 8 inch sewer line from MOl8 to M029 (Sheet 033, B 1) (EXHIDIT D) to a 12 inch line. EXHIDIT E outlines cost participation for both HAM:M and CITY. These improvements shall be designed and constructed by HAM:M as part of the development of the MARRIOTT PROPERTY. During construction, the City Engineer shall have the project inspected. Once the sewerIine is constructed, HAM:M shall remit a "Completion Letter" to the City Engineer. If the inspector agrees that all work has been completed in accordance with the City's specifications, the City Engineer shall provide written documentation to HAMM: of the formal acceptance of the sewerIine. Upon receipt of the acceptance letter by CITY, HAMM shall invoice the CITY for CITY'S participation referenced in EXHIDIT E. CITY shall remit payment within thirty (30) days of invoice. Per the sewer impact study provided by HAMM during the processing of the Wheeler Master Plat, all properties within the Wheeler Subdivision shown on EXHIBIT A will require the construction of a 10" sewerline as outlined in Item 1. above. HAMM desires to assure future capacityfor all properties within this subdivision, but the C11Y does not currently "reserve II sewer capacity for any future development., However, in view of the concerns expressed by HAMM, the City does hereby agree to asSUre future sewer capacity for all properties within the Wheelet Supdivision, per anticipated flows outlined in the ,referenced impact study. In: the event that such future sewer capacity is not available to, said prqperties within the sewerline improved and paid for by. ,HAMN1, pursuan~" to" this development Ggreement,CIIY agrees to reimburse HAMMor any other developer all reasonable, costs and expenses to be incurred in increasing sewer capacitynecessalJ' for the development of any and all properties within the WheelerSubdivision as referenced in the impact study. 2. IfHAMM does not build the project as described within two(2} years from the date of- this agreement the zoning will revert ba.ck to A-P Administrative Professional ,on Lot I, Block I, Wheeler Subdivision Phase One. "O"DEVE_SER''DEV-AGR''BRINSDEN.doc'' 2 jIo 3. There shall be a buffer area maintained by HAMM as shown on the conceptual site plan attached as EXHIDIT F. All existing vegetation shall be maintained within this buffer area by HAMM and supplemented by street trees as required by the City's streetscape regulations. The buffer area may be used for passive recreational activities or storm water management. It may contain pedestrian or bike trails, but no active recreational activities shall be allowed. No parking or building shall be allowed in the buffer area. 4. Access shall be limited to one right-in, right-out drive onto University Drive and one access drive onto Lincoln. 5. Building height shall be limited to 3 stories, building facades shall consist of at least 25 percent brick and colors shall be muted earth tones as shown on the rendering presented to City Council (EXHIDIT G). 6. The number of suites shall be limited to 95. 7. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below: W. Dow Hamm, III Corporation Dow Hamm, III. 20202 Highway 59 North, Suite 100 Humble, Texas 77338 City of College Station City Planner P.O. Box 9960 College Station, Texas 77842 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. 8. This Agreement shall be filed of record in the Official Records of the Brazos County Clerk, Brazos County, Texas. 9. HAMM agrees to and shall indemnify, hold harmless and defend 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 prop.erty arising out of or in connection with this Development Agreement. Such indemnity shall apply where the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the CITY. Said indemnification shall be in full force and effect for five (5) years from the date of execution of this agreement and will then terminate. HAMM's liability to repair or, replace defective materials or workmanship or both in connection with the improvements to be constructed pursuant to this agreement shall ceas,e one, (I) year after the sewer line is accepted by the CITY as, provided in Item 1 above. "O''DEVE_SER''DEV-AGR''BRINSDEN.doc'' 3 .. 10. For five (5) years from the date of execution of this agreement, HAMM shall procure and maintain at its sole cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by HAMM its agents, representatives, volunteers, employees or subcontractors. HAMM's insurance coverage shall be primary insurance with respect to CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by CITY, its officials, employees or volunteers, shall be considered in excess of the HAMM's insurance and shall not contribute to it. Certificates of Insurance and endorsements shall be furnished to the CITY and approved by CITY before CITY issues a Certificate of Occupancy. A Property Insurance Policy shall be required. The following general requirements shall be applicable to the policy: A. Property insurance shall be written by a' carrier with an A: VIII or better rating in accordance with the current Best Key Rating Guide. B. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. The deductible limits shall not exceed Ten Thousand Dollars ($10,000.00). D. Claims Made Policies will not be accepted. E. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, or volunteers. F. The insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30Y days, prior written noticepycertified mail, return receipt requested, has been gixen to the City of College Station. G. The following COffiIIlercial General Liilbility will be required and maintained duringthe~eriod of this Agree*ent. a. Minimum CombiJ;1ed Single Limit of~600,000.00 per occurrence for Bodily Injuryan~: Property Damage. b. Coverage shall b~ at least as broad as Insurance Service's Office form number CG 0001. c. No coverage$~fl be deleted from the standard policy without notification of individual exclusions being, attached for review and acceptance. Certificates of Insurance ,shall be prepared and executed by thr; insurance company or its authorized. agent, and shall contain provisions and warranting the following: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance, set forth by the insurance company are underwritten on forms which have bee approved by the Texas State Board of Insurance or ISO. "O''DEVE _ SER''DEV -AGR''BRINSDEN.doc'' 4 .lU/J.l/:1/ 11: J4 'O'4Ul:l iti4 J4:10 UEvELU~Mh~l ~v~~ 19J vvo " c. . Sets forth all endorsements and insurance coverage according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancellation, termination. or change.in coverage provisions to the City of College Station. e. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 11. This Development Agreement has been made under and shall be governed by the laws ofthe State of Texas. Venue shall lie in a court of competent jurisdiction in Brazos County, Texas. If it is determined that the CITY OF COLLEGE STATION had no authority to enter into this Development Agreement, then HAMM agrees that it shall meet all conditions as required by this Development Agreement or zoning shall revert back to A-P Administrative Profes'sional on Lot 1, Block 1, Wheeler Subdivision Phase One and each pany shall be considered to be returned to the position he was in before this Development Agreement was entered into except that sections 9 and 10 shall remain in full force and effect. 12. In the event of litigation, HAM:M agrees to pay and shall pay for all of the attorney's fees, court costs and other litigation costs of CITY. 13. HAMM shall provide proof of its authorization to execute this Development Agreement, which proof of authorization to sign is attached hereto as Exhibit H. 14. This agreement shall be binding upon and inure to the benefit of any successor, heirs or assigns. Executed this the 13th day of November. 1997. HAMM By:'ff~~ CITY OF COLLEGE STATION BY: "O''DEVE_SER''DEV-AGR''BRlNSDEN.doc'' lU/Jl/97 11:34 '0'409 764 3496 DEVELUPME~~ ~VC~ ~007 '" . ." STATE OF TEXAS ) ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS Before me,. the undersigned authority, on this day personally \1)1 \ h'cu'Y\l>. \-ta.rn1Y'.m as President of HAMM, a rei a. ~ Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed th~ same for the purposes and consideration ~herein e?,pressed. Ii t I_~ . Given under my hand and seal of office on this the ~ \ ~~Y.JlI~97. J'\ lA1 lJA./ l ,.~n", Notary Public in and for l~\""~~<% CHRISTY WILLIAMSON i i:}jlf.;J MYCO~ISSIONEXPfRES The State of Texas I --;;~~.o~.;..~", Apn110, 2000 ""lit'" STATE OF TEXAS ) ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS Before me, the undersigned authority, on this day personally appeared Mayor Lynn McDhaney, as Mayor of the City of College Station, a Texas Municipal Corporation, known to me to be the personythose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. , ~ Given under my hand and seal of office on this the /J day 0 ~ ~1 KAT\lElllNEII. STASNY .,' '. .""lBiv '" b Pc, State of Texas My Commission Expires JULv 10, gogo "O''PEVE_SER?'I)EV-AGR''BRINSDEN.doc''