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HomeMy WebLinkAboutLegal Document- 1,1/14/97 12:09 ^0409 764 3496 5~ ~~ ' DEVELOPI4SENT SVCS f~ 002 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, IIF., Corp (hereinafter referred to as "HAMM"), a Texas Corporation. WHEREAS, HAM1V1 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 thesoutheast corner of University Drive and Lincoln from A-P Administrative Professional to C-B Business Commercial with conditions offered by the applicant, and WI-IEREAS, 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 fixture .sewer capacity for all properties within the Master Plat for the Wheeler Subdivision (plaiuung case file #97-316) (EXHIBIT 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 considcrcd 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'BRINSDEN.doc" 1 __ ___ _ __ '11/14/97 12:09 ^V 409 764 3496 I)EVELOP14fENT SVCS [7-003 r 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, R1) to M007 (Sheet 032, B2) (EXHIBIT B) to a ZO inch sewer line as outlined in the Impact Study submitted by Kling Engineering (EXHIBIT 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, B 1) (EXHIBIT D) to a 12 inch line. EXHIBIT E outlines cost participation for both I-IAMNi and CITY. These improvements shalt be designed and constructed by HAMM as part of the development of the MARRIQTT 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 fornfal acceptance of the sewerline. Upon receipt of the acceptance letter by CITY, hIAMM shall invoice the CITY for CITY'S participation referenced in EXHTSTT E. CITY shall rerrut payment within thirty. (30) days of invoice. Per the sewer impact study provided by H.4Mt1.1 during the processing of the Wheeler Master Plat,' all properties within the Wheeler Subdivision shown on FXHHIBIT A wiH 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 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 Wheeler iSubdivsion, per anticipated flows 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 IIAMM, pursuant to this development agreemerrr, CITY agrees to reimburse HflM1l~1 or any other developer all reasonable costs and expenses to be incurred in increasing sewer capacity necessary for 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"DE VE_SER''DE V-AG R"BRINSDLN. doc" 11/14/97 12:10 d 409 764 3496 DEVELOPiYiENT SVCS C~j004 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 bikc trails, but no active recreational activities shall be allowed. No parking or building shad 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. Ali 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 City of College Station Dow Hamm, III. City Planner 20202 Highway 59 North, Suite 100 P.O. Box 9960 Humhle, Texas 77338 CoIlege Station, Texas 77842 All notices and documents shah be deemed received when mailed with sufficient. postage and deposited. in a regular mailbox of theUnited 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. HANIlVi agrees to and shall .indemnify, hold harmless and defend CITY, its officers, .agents and employees, from and against .any and all claims, Iosses, 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. 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 cease one (1) year after the sewer line is accepted. by the CITY as provided in Item 1 above. "O"DEVE SER"DEV-AGR'BRINSDEN_dce" 3 '11/14/97 12:10 ^0409 764 3496 DEVELOPMENT SVCS X005 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 oc 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 notcontribute 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 insurancecarriers licensed and admitted to do business. in the State of Texas will be accepted_ C. Deductibles shalt 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 Poll'cies 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 oc in linuts 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 O 1. 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 '11/14/97 12:11 .10/3.1!97 11:34 V^'409 764 3496 V^409 764 3496 DEVELOPiYfENT SVCS DEVELOPMENT SVCS .~ ~_ ~ oos LQJ 0 0 6 c_ Sets forth all endorsements and. insurance coverage according to requirements and instructions. contained here'm. 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 HAI\/IlVI 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. 12. In the event of litigation, HAMIVI agrees to pay and shall pay for all of the attorney's fees, court costs and other litigation costs of CITY. 13. HAtVIlV1 shall. provide proof of its. authorization to execute this Development Agreement, which proof of authorization to sign is attached hereto as Eahibit .E1. 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. HAMIv1 CITY OF COLLEGE STATION BY: ~~~ ~ BY: ~1~~ . ~ ~ 'J L McIlhaney, Nfayor TTEST: - ~~~ Connie Hooks, City Secret Harvey. Noe, City Manager "O"DEVE SER"DEY-AGR"BRINSDEN.doc" °11/14/97 12:11 ^C 409 764.3496 ' '1Of31/97 11:34 n 409 764 M1496 STATE OF TEXAS ) COUNTY OF BRAZOS ) _ _ __ __ DEVELOPi3iENT SVCS l~] 007 1)EVE;LOP1ViENT SVCS lfl 007 `~ Charles Cryan, A Director of FiscaUHurnan esources ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally lal ~ ~-Q-rrt 1~. l~t1YY?VY~ as President of HAIVIlVI, a ~Y US 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 fot the purposes and. consideration. therein expressed. Given under my hand and seal of office on this the '~ 1 of ~~~ 1997. Notary Pu lie in and for ;~.• ~, ~'^`'y'''• CHRISTY WILLIAMSON The State of Texas s a..~ * MY COMMISSION EXPIRES •'; oF; a'~: April 10, 2000 STATE OF TEXAS ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) Before me, the. undersigned authority, on this. day personally appeared Mayor Lynn McIlhaney, 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. ~ t :' Given under my hand and seal of office on this the :'_ } day o 997•.. ~ ~ ~~~ of Pu lie in and,for The State of Texas `~~ KATHERINE M. STkSt~Y Notary Public, Stata of Tsxas My Cgmmission Expir®s dWLY 18; x.909 "O'~EVE 5ER'~EV-AGR'~RINSDEN.doc"