HomeMy WebLinkAboutDevelopment Agreement
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DEVELOPMENT AGREEMENT
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This Agreement is entered into this the 13th day of November, 1997, by and between the "r
City of College Station, a Texas Home-Rule Municipal Corporation (hereinafter referred:;ji "...
to as "CITY'), and W. Dow Hamm, II!., Corp (hereinafter referred to as "HAMM"), a \ t\./
Texas Corporation. \J
WHEREAS, HAMM is the developer of the property more particularly described as Lot , f)'v::.~
1, Block 1, Wheeler Subdivision Phase One, (hereinafter referred to as "MARRIOTT .x) \0
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
Commercial 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 studies 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) (EXHffiIT 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 promises and covenants herein expressed, the parties hereby agree
and covenant as follows:
"O"DEVE _ SER''DEV -AGR"BRINRES.doc"
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, Bl) to M007 (Sheet 032, B2) (EXnffiIT
B) to a 10 inch sewer line as outlined in the Impact Study submitted by Kling
Engineering (EXnffiIT 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 M018 to M029 (Sheet 033, Bl) (EXnffiIT D) to a
12 inch line.
ExnffiIT E outlines cost participation for both HAMM and CITY.
Theseimprovements shall be designed and constructed by HAMM as part of the
development of the MARRIOTT PROPERTY. During construction, the City
Engineer shall have the project inspected. Once the sewerline is constructed,
HAMM 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 sewerline. Upon receipt of the acceptance letter
by CITY, HAMM shall invoice the CITY for CITY'S participation. referenced in
EXnffiIT E. CITY shall remit payment within thirty (30) days of invoice.
2. If HAMM does not build the project as described within two (2) years from the
date of this agreement the zoning will revert back to A-P Administrative
Professional on Lot 1, Block 1, Wheeler Subdivision Phase One.
3. There shall be a buffer area maintained by HAMM as shown on the conceptual
site plan attached as EXnffiIT 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 _ percent brick .and colors shall be muted earth tones as shown on the
rendering presented to City Council (EXnffiIT G).
6. The number of suites shall be limited to 95.
"O"DEVE_SER"DEV-AGR''BRINRES.doc''
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 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 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.
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 insuranc.e 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.
"O"DEVE_SER''DEV-AGR''BRINRES.doc''
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 shaH 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 01.
c. No coverage shall 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 the 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.
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 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
HAMM agrees that it shall meet all conditions as required by this Development
Agreement or zoning shall revert back to A-P Administrative Professional on Lot
1, Block 1, Wheeler Subdivision Phase One and each party 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.
"O"DEVE_SER"DEV.AGR''BRINRES.doc''
12. In the event of litigation, HAMM 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
CITY OF COLLEGE STATION
BY:
BY:
Lynn McIlhaney, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
George K. Noe, City Manager
Harvey Cargill, City Attorney
Charles Cryan, Acting Director
ofFiscallHuman Resources
STATE OF TEXAS
)
)
)
ACKNOWLEDGMENT
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally ,
as President of HAMM, a 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 day of , 1997.
Notary Public in and for
"O''DEVE_ SER"DEV-AGR''BRINRES.doc''
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 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 of office on this the day of , 1997.
Notary Public in and for
The State of Texas
"O''DEVE_SER''DEV-AGR''BRINRES.doc''
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, III., 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
Commercial 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 studies 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) (EXHffiIT 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 promises and covenants herein expressed, the parties hereby agree
and covenant as follows:
"O''DEVE_ SER"DEV-AGR"BRlNSDEN.doc" 1
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, Bl) to M007 (Sheet 032, B2) (EXHffiIT
B) to a 10 inch sewer line as outlined in the Impact Study submitted by Kling
Engineering (EXHffiIT 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 M018 to M029 (Sheet 033, Bl) (EXHffiIT D) to a
12 inch line.
EXHffiIT E outlines cost participation for both HAMM and CITY.
These improvements shall be designed and constructed by HAMM as part of the
development of the MARRIOTT PROPERTY. During construction, the City
Engineer shall have the project inspected. Once the sewerline is constructed,
HAMM 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 sewerline. Upon receipt of the acceptance letter
by CITY, HAMM shall invoice the CITY for CITY'S participation referenced in
EXHffiIT 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 capacity for all
properties within this subdivision, . but the CITY does not currently
"reserve" sewer capacityfor 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. Wheeler Subdivision,
per anticipatedflows outlined in the referenced impact study. In the event
that such future sewer capacity is not available to said properties within
the sewerline improved. and paid for by HAMM, pursuant to this
development agreement, CITY agrees to reimburse HAMM or any other
developer all reasonable costs and expenses to be incurred in increasing
sewer capacity necessary/or the development of any and all properties
within the Wheeler Subdivision as referenced in the impact study.
2. If HAMM does not build the project as described within two (2) years from the
date of this agreement the zoning will revert back to A-P Administrative
Professional on Lot 1, Block 1, Wheeler Subdivision Phase One.
"O"DEVE_SER"DEV-AGR"BRlNSDEN.doc" 2
3. There shall be a buffer area maintained by HAMM as shown on the conceptual
site plan attached as EXHIBIT 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 (EXHIBIT 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 shaIn 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 property arising out of or in connection with. this
Development Agreement. Such indemnity shall apply where the claims, losses,
damage$, 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' $ liability to repair or replace defective materials or
workmanship or both in connection with the improvements to be constructed
pursuant to this agreement shall cease one (1) year after the sewer line is
accepted by the CITY as provided in Item 1 above.
"O''DEVE_SER''DEV-AGR''BRlNSDEN.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
afterthirty (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 CO 00 01.
c. No coverage shall 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 the 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
c. Sets forth all endorsements '. and insurance coverage according to
requirement~ and instructions contained herein.
d. Shall specifically set forth the notice ofcanceUation. 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 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
HAMM agrees that it shall meet all conditions as required by this Development
Agreement or zoning shall revert back to A-P Administrative Professional on Lot
I, 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, HAMM 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.
I-IM.1M
By:'H~~-cs-
CITY OF COLLEGE STATION
BY:
Lynn Mcllhaney, Mayor
ATTEST:
Connie Hooks. City Secretary
APPROVED:
George K. Noe, City Manager
Harvey Cargill, City Attorney
"O"DEVE_SER"DEV -AGR''BRINSDEN.doc''
011.71 f\;...r: T07
"..J"Ur\"'\ T T T TAT1Ar~u ,u,.r\rf ',u, e:.+-. ~ 7f\ (TUJ\ J t::. T C "T "r\
Charles Cryan, Acting Director
ofFiscallHuman Resources
STATE OF TEXAS
)
)
)
ACKNOWLEDGMENT
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally ,
as President of HAMM, a 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 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 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 of office on this the day of , 1997.
Notary Public in and for
The State of Texas
"O''DEVE_ SER"DEV~AGR"BRlNSDEN.doc" 6
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EXHIBIT A
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EXHIBIT B
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EXHIBIT D
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Overlay District
R...I
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(R-5)
CASE INFORMATION:
Wheeler Subdivision
Owner: Mae Dean Wheeler
Phone: (409) 696-0070
4.2 Acres located on SE corner
of University and Lincoln
Existing A-P and C-B zoning
IIr&r City of College Station, Texas
.. PLANNING DIVISION
CASE NUMBER:
REQUEST:
97-232
FINAL PLAT