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HomeMy WebLinkAboutLegal Documents STATE F TEXA c0 B s ) DEVELOPMENT AGREEMENT DRAFT This Agreement is entered into this the day of 1997 by and between the City of College Station, a Texas~ome~ule ~unicipal~orporation (hereinafter referred to as "CITY"), and.United Properties Group,//Inc. (hereinafter referred to as "UPG"), a Texas ¢'orporation. WHEREAS, UPG is the owner of the property more particularly described as Lot 2, Block Shouin sn ~ P ~~ a 1, C.S.L. of Texas, Inc. Addition, .(hereinafter referred to as "UPG PROPERTY"), a copy of pia. plat is attached hereto and.incorporated herein by reference; WHEREAS, the City of College Station Subdivision Regulations provide - u` 8~P Sanitary Sewers ~ ~~~ a ~f d /~.t~ ~ ~- ~ ~ 8-P.1. All subdivisions shall be provided with an approved sanitary sewerage system,. meeting the standards of the City Engineering department. Curved J'~ o ~ ~ ~Q ~ ~ .~ ~ ~ ~~~ ac~A o~d~ ~ ~, ~~' 8-P.3. .~ 1 ~~s~ , sewers of not less than one hundred foot (100') radius are accepted, manholes. of not over five hundred foot (500') spacing. If the sewerage system includes treatment facilities, the plan must be approved by the Texas State Department of Health, and subdivider must have a pernut for the discharge of effluent from the: Texas Water Quality Board, before approval by the commission. On-site waste water disposal systems, including private septic systems, may be used in areas where,topography, density of development and/or other factors make sewer collection facilities impractical. Such systems, when ~~ allowed, must meet the requirements of Brazos County. 1 e t~ 5E ®~~~~ r has determined based u on the `s stem needs, that .the WHEREAS, the City Engmee p Y. minimu line for the service of this tract is a inch (_") line; ~y,ti~-o~ ~{~,~,r WHEREAS, the .City Engineer .has at this time recommended oversize participation funds be paid by CITY for anadditional -inches (,") for line size totaling ~ inches (_"); 5~~,` L+ h~~ WHEREAS, at this time the estimated cost of the construction of a ((smaller)) _ inch (_")line is $ , .which sewer line installation will begin at the existing fifteen inch (15") line located within the CITY's Woodcreek Par Japproximately 2,000 feet south of Sebesta Road from which it will extend northward along the western boundary`of the Foxfire Subdivision to a point in the northern right-of--way of Sebesta Road and within said right.-of-ways westward to a point where it will enter into the UPG PROPERTY and Lot 1 of the T.J. Addition; WHEREAS, UPG is the only property owner in that area who has current development plans to construct amini-storage facility and has requested, authorization to utilize an on-site;septic system for an associated office space since a considerable expense will be incurred in order to extend the sewer. line at this time; WHEREAS, the cost of the installation of a sewer line capable of providing service to the remaining undeveloped area is estimated to cost $ ; WHEREAS, UPG indicates that it does not .require sewer service from the CITY; and /Ups WHEREAS, UPG's .purpose is to reduce its initial. cost of construction~and recognizes that any future development of its property will require the installation of a .sanitary sewer line capable of adequately serving the developments in order that it meet the City of College Station Subdivision Regulations; 2 DRAFT NOW, THEREFORE, forand in consideration of the recitations above and in consideration of the .promises and covenants herein expressed, the parties ereby agree and covenant as GYd~K~+ai follows: ~~~, ~ :~-"'~d~,---'_~" ~ F f ~ a~ 1. UPG may install a tempor septic system if the current development would ~ require a sewer system to serve the office area. UPG shall connect to the public gravity sewer line upon completion of such line. into the L7PG PROPERTY. was a p4'.o4ef 2. UPG shall' pthe CITY Dollars ($_~ for the installation of the approved sewer line to the UPG property:. e m ~~~ W` 2`~ ~~s~ (~`; 3. l 4. iscre ion. In the event that UPG decides to make any expansion to or change the usage beyond the proposed mini-storage development, then UPG shall obtain all necessary easements and construct a sewer line to provide adequate sewer service to such development, subject to oversize participation at CITY's discretion. Upon the completion of the sewer ding by UPG, CITY. shall return to UPG the ~NO~ Dollars ($ )fdeposit~d with CITY. UPG shall pay to CITY the sum of Dollars ($_) for the installation of the sewer line. ~ under the terms and conditions approved herein, guaranteeing compliance with the requirements. of this Development Agreement. In the event that UPG fails to meet the requirements of this,Agreement within ten (10) working days of notice from the City Engineer or~fail~~s to comply with~hey ~~ ~~~ requirements of this Agreement,`in addition to the other remedies available to CITY, City Engineer shall... apply the funds to the CIT! which shall be used to pay for the line when installed. ' ` Z ~.-~As 5. In no event shall UPG utilize its .property other than as authorized herein prior to the installation of the sewer line providing service to the UPG PROPERTY as approved and accepted by CITY; 6. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below: DRAFT United Properties Group, Inc William D. Farrar, President P. O. Box 10888 City of College Station City Engineer P. O. Box 9960 College Station, Texas 77842 College Station, Texas 77842 Phone: (409).690-8888 Phone: (409) 764-3570 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 xeceipt requested. 7. This Agreement shall be filed of record in the Official 1Zecords of the Brazos County Clerk, Brazos County, Texas. ~ ~~~ 8. UPG agrees to and shall indemnify ~ hold harmless 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 ofiitigation, court costs, and o~ attorney's fees, for injury to or death of any person, or for damage to any property„T''~ 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. 9. G shall procure and maintain at its sole cost and expens for the duration of the contract, insurance. against claims for injuries to perso damages to property `~~ may arse om or in connection with the performance of the work hereunder ~p by UPG, its agents, representatives, volunteers, employees or subcontractors. -fit UPG'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 UPG's insurance and shall not contribute to it. 4 DRAFT Certificates of Insurance and endorsements shall be furnished to the CITY and approvedby 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 (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. G. The following Commercial General Liability will be required and maintained during the period of this Agreement. a. .Minimum Combined Single Limit of $600,000.00 per occurrence for Bodily Injury and Property Damage. b. Coverage shall be at least as broad as Insurance Service's Office form number CG 00 O1. a No coverage. shall be deleted from the standard policy without notification of individual exclusions being attached. for review and acceptance. H. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions and warranting the following: 5 DRAFT a. The company is licensed and admitted to do business in the State of Texas. b. The: insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas State Board of Insurance or ISO. c. Sets forth all endorsements and insurance coverages 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. 10. This Development Agreement has been made under and shall be governed by the laws of the 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 UPG agrees that it shall construct an approved sewer line to the UPG PROPERTY',as required by the City of College Station Subdivision Regulations, each party being considered to be returned to the position he was in before this Development Agreement was entered into except that sections 8 and 9 shall remain in full force and effect;' 11. In the event of litigation, UPG agrees to pay and shall pay all of the attorney's fees, court costs and other litigation costs of CITY. 12. UPG shall provide proof of its authorization to execute this Development Agreement, which proof of authorization to sign is attached hereto as Exhibit _ Executed this the day of UNITED PROPERTIES GROUP, INC. BY: 1997. CITY OF COLLEGE STATION BY: William D. Farrar, President Lynn McIlhaney, Mayor 6 DRAFT ATTEST: Connie Hooks, City Secretary APPROVED: George K. Noe, City Manager Harvey Cargill, City Attorney Glenn Schroeder, Executive Director of Fiscal/Human Resources 7 __ STATE OF TEXAS ) COUNTY OF BRAZOS DRAFT ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally appeared William D. Farrar, as President of UNITED PROPERTIES GROUP, INC., a Texas corporation, known to me to be the .person. whose. name is subscribed to the foregoing instrument, and acknowledged to me that he executed thee. same for, the purposes and consideration therein expressed. Given under my hand and. seal of office on this the day of , 1997. Notary Public in and .for The State of Texas 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 urucipal corporation, 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. Given under my hand andseal of office on this the day of , 1997. Notary Public in and for The State of Texas 8 ~ l ~ ~- ~ ~c~s~~.~ .~ ~ r ~ ~ L ° ~ STATE OF TE?~AS ~~ ~ / ~~ e ~ c~~ ~s ' G~~~` se~ce COUNTY OF BRAZOS ) ~'~~ ~n~ ~ ~ ~~ ~ - v/ ~~'~~ ~~ C ~~ ~ .DEVELOPMENT AGREEMENT ~ ~~, ~ ~ (r N Q~ _. _ This-Agreement is entered into this the ~N~ day of I//la/I[~V , 199 by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter re- ferred to as "CITY°), and REGENCY. PARKWAY, INC., a Texas Corpora- tion (hereinafter referred to as "REGENCY"). WHEREAS, REGENCY is the owner of the property described in Exhibit A, attached and incorporated herein by reference, here- inafter referred to as "REGENCY PROPERTY"; WHEREAS, REGENCY has filed a subdivision plat for the REGENCY PROPERTY which has been platted as Greens World Subdivi- lion, a copy of the, plat is attached hereto and incorporated ,r herein by reference;.- WHEREAS, City of College Station Subdivision Regulations provide: 8~N. Water Supply 8-N.1. All. subdivisions shall be provided with water supply and distribution systems for fire pro- tecton and domestic use as .approved by the City Engineer. 8-N.2. Fire hydrants of City of College Station standard design shall be installed as apart of the ;water distribution system at locations approved by .the City Engineer.-Fire-hydrants in single-family and duplex districts shall be. spaced in such a manner that no part of a building site. on any lot shall be more than five hundred feet (500') from a fire hydrant as measured along the right-of-way of a pub- lic street. Fire hydrants in all other`dis- tricts shall be_spaced in such a manner that no part of any structure shall be more. than • ~\ • a ..3 three hundred feet (300') .from a fire hydrant ~- as `measured. along the right-of-way of>a pub- tic street`or along an approved fire lane, and the installation of hydrants in such`dis- trcts may be deferred and required as a con-' diton of the building .permit -for- structures• in he subdivision. WHEREAS, the City Engineer has determined, based upon the key:: rate. and the system needs, that the minimum-line for .the ser- vice of this tract is a ten inch (10") line; WHEREAS,-the City Engineer has at this time recommended oversize participation funds be paid by CITY for an additional, two inches (2") for a line size totaling twelve inches (12"); WHEREAS,. at this. time. the estimated cost of the construction of a ten inch (10") line is $45,333.00, which water line,instal- lation will begin at~the existing line at about 1,680' North of Highway 30 and extend along F.M. 60 in front of property owned-by NCNB Texas Bank andain front of the REGENCY PROPERTY; WHEREAS, NCNB Texas Bank does not at this time de's ire to construct a water line to its. tract since it does not have imme- diate development plans; WHEREAS., REGENCY is he only property owner in that .area who has current development .plans; WHEREAS, REGENCY will incur considerable expense in the..ex- tension of the water line'at this time; WHEREAS, the cost of the installation of the .water line, sec- tion from the'NCNB Texas Bank property across the REGENCY PROP- ERTY is estimated to cost $10,000; - 2 - WHEREAS, REGENCY is currently constructing a golf course and three (3) miniature golf courses. and has .requested building per- mits for the covered buildings being, a: ga~elao, a 24' x 30' .,golf cart shed and 750 square foot heated area building, being the office,. concession area, ticket: booth-and restrooms; WHEREAS, REGENCY has requested authorization to utilize an on-site water well for use at :its "Greensworld Golf Course;" WHEREAS, REGENCY recognizes that the on-site water well will not provide fire protection for the property; WHEREAS, REGENCY indicates that it does not desire fire pro- tection or service from CITY; and WHEREAS, REGENCY's purpose is to reduce its initial cost of constructon`and recognizes that any future development of its property will require the installation of a water line. adequate to provide fire protection and water service in order that it meet the City of College Station subdivision, Building Code and Fire Code regulations; 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 as follows: 1. REGENCY may install a water well to service the REGENCY buildings on a temporary basis which service shall. be maintaining a gazebo, a twenty-four foot (24') by thirty foot_(30') golf cart shed and a 750 square foot building in addition `to its regular purpose of utiliza- tion of the well for irrigation on site.. REGENCY shall mark all taps with visible markings.showing "not City water:." 2. In the event that REGENCY decides to make any expansion of the buildings or usage beyond a 9 hole lighted golf - 3 - course, with three (3) miniature golf. courses, and cro- quet as proposed, (including but not limited to the in- stallation of locker rooms,. showers or restaurant) then REGENCY shall construct a water line adequate to give water, sewer and fire protection from South of the. NCNB property across REGENCY PROPERTY subject to oversize participation at CITY's discretion. Upon the com- pletion'of the water line by REGENCY, CITY shall return to REGENCY the Ten Thousand Dollars {$10,000.00)- de- posited with CITY. 3. REGENCY shall pay to CITY the sum of Ten Thousand Dollars ($10,0.00..00) for the installation of the water line to its tenant under the terms. and conditions ap- proved herein, guaranteeing compliance with the re- quirements of Section 3 of this Development Agreement. In the event that REGENCY fails to meet the require- ments of this Agreement within ten (10) working days'of notice from City Engineer or fails to comply .with the requirements of this Agreement, in addition to the other remedies available to CITY, City Engineer shall apply. the funds to the CITY which steal' be used. to pay for the line 'when installed. 4. REGENCY shall pay to CITY Ten Thousand Dollars ($10,000.00) for he installation of the approved water line. across 'the REGENCY property, the time and place of the installation shall be at CITY's discretion. 5. In no event shall REGENCY utilize. its property. other than as authorized herein prior to the installation of the waterline providing service to the REGENCY PROP ERTY as approved and accepted by CITY; 6. REGENCY'S PROPERTY is to be conveyed to Greensworld, Inc. due to existing business agreements. The ...property is to remain subject to this Agreement as acknowledged herein by Greensworld, Inc. until the water line, as approved by the CITY is installed across this property and REGENCY and Greensworld, Inc. shall remain'respon- Bible for this agreement until such time as the water line is completed. The City Engineer shall sign an Affidavit of, Completion upon acceptance of the water line which sha1T be filed in the Official Records 'of Brazos-County and shall void this Agreement. REGENCY PARKWAY, INC. and Greensworld, Inc. agree hat nether this Agreement or any. interest herein shall be assigned nor shall there be any other transfer of the property as long as this '...Agreement is in effect. - 4 - 7. All notices and documents required herein shall be sent and provided to the..parties at the addresses and tele- phone numbers :listed below: Regency. Parkway. Inc. 18.04 Finfeather Road - < .. - - Bryan, Texas 778.03 Phone: (409) 823-°7576 City of College Station City .Engineer P.°O. Box 9960 College Station, Texas 77840-0960 Phone: (409) T64-3570 All notices :and documents shall be deemed received when mailed-with sufficient postage and deposited in a regu- lar mailbox of the United States .Post Office. The par- ties may change addresses upon thirty (30) days' writ.- ten notice sent certified mail, return receipt re- quested. 8. This Agreement shall be filed of record in the Official Records of the. Brazos County Clerk, Brazos County, Texas.' 9. REGENCY agrees to and shall indemnify and hold'-harmless CITY, its officers, agents and employees, from and aganst'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 dam- age to any property, 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 n`part .from the negligence of CITY. 10. REGENCY shall procure and maintain at its sole cost and expense for the ..duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of ,the work hereunder by .REGENCY, its. agents,..representatives, volunteers, employees or sub- contractors. That REGENCY'S insurance coverage shall be primary insurance with respect to CITY, its officials, employees and volun- teers. Any; insurance or self-insurance maintained by CITY, its officials, employees or volunteers, shall be_considered in excess of the.REGENCY's insurance and shall not con- tribute to it. - 5 - Certificates of Insurance and endorsements shall be fur- nished 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, ~ d - A. Property insurance shall be written by a carrier-with an A:VIII or better rating in accordance with the cur- rent 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 In- surance and are acceptable only. on a per occurrence ba- sis 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 offi- cials, employees, or volunteers. F. The insurance Zpolicy shall be,endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, re- turnreceiptrequested, has been given to the .City of College Station: G. The. following .Commercial General Liability will be re- quired and 'maintained during the period of this Agree- ment. a. Minimum Combined Single Limit of $b00,000.00 per occurrence for Bodily Injury and Property Damage. b. Coverage shall be at least as broad as Insurance Service's-Office form number CG 00 O1. c. No coverage shall be deleted from the standard policy. without notification of individual exclu- sions being attached for review and acceptance. H. Certificates of Insurance shall be prepared and exe- cuted by the insurance company or its authorized agent, and shall contain provisi®ns and warranting the fol- lowing: - 6 - _ ., a. The company is licensed and admitted to do busi- ness in the State of Texas. b. The insurances set forth by the insurance company are underwritten on forms which have been approved by the Texas .State .Board of-Insurance or ISO. c. Sets forth all endorsements and insurance. cover- ages according to requirements and instructions contained herein. d. Shall specifically set forth the notice of cancel- lation, termination, or change in coverage provi- sions to the City of College Station. e. Original endorsements affecting coverage required by this section shall be furnished with the cer- tificates of insurance. 11. This Development Agreement has been made under and shall be governed by the laws of the 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 REGENCY agrees that it shall construct `an approved water line South of the NCNB property across the REGENCY PROPERTY as required by the .City of College Station Subdivision..Regulations, each party being considered to be returned to the posi- ton he was in before this.-Development Agreement was entered into except that Sections 9 and~l0 shall remain in full force and effect. 12. In the event of litigation, REGENCY agrees.. to pay and shall pay all of the attorney's fees, court costs and other litigation costs of CITY. 13. REGENCY shall provide proof of its authorization to execute this Development .Agreement, which proof of authorization to sign is attached hereto as Exhibit q . Executed this the ~/~~ day of ~~~ 199. REGENCY PARKWAY, INC. CITY OF COLLEGE STATION BY: Mayor ar ge - 7 - ATTEST: k Connie Hooks,. Clay Secretary w _ .. APPROVED: on Raglan City Manager APPROVED AS TO FORM: Ca City Attorney _ g e Director Fiscal & Human Resources . ,_~ .~ 1 THE STATE OF TEXAS ) ~-- ) ACKNOWLEDGEMENT COUNTY OF BRAZOS ) Before me, the undersigned authority, on this day personally. appeared E~~f'~' ~ C;!lmE~,e ~ asp of REGENCY PARKWAY, INC., a Texas corporation.,. 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. Given under my hand and seal of office on this the ~~6°"`~ day of ~AP_L~tf , 1995. i f No ary Public in d for e State of Texas THE STATE OF TEXAS ) ACKNOWLEDGEMENT COUNTY OF BRAZOS } Hefore 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 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. Given under. my hand and seal day of ~~~ - 9 ^~ h.C,~ of office on this the of _, 1994. Notary Publis in and for The State of Texas ~~.,,M.,..- V ,~...... ' ~ `;;;,;:%'~ ~~1 :;uL,.c.55,0ii :.{:i~c3. 5-18-32 Z.,r.-......-r-~.,,.. _,,.,..,..,,.,.,.,,.,_.,...,.... _