HomeMy WebLinkAboutLegal Document63~2~~ ~ ...3
DEVELOPMENT AGREEMENT ~ s ~~ ~;~
`'~ This Agfeement is entered into. this the \ ~ .day of ~~ ~~1,~-9,7;~ ~~-and-
between the City of College Station, a Texas HomemRule Municipal Corporation (hereinafter
referred to as "CITY"), and United Properties Group, Inc. (hereinafter referred to as "UPG"), a
Texas Corporation.
WHEREAS, UPG is the developer of the property more particularly described as Lot 2,
Block 1, C.S.L. of Texas, Inc. Addition, (hereinafter referred to as "iJPG PROPERTY"), as shown
on the plat, a copy of which is attached hereto and incorporated herein by reference;
WHEREAS, the. CITY Subdivision Regulations provide as follows.
"8~P Sanitary Sewers
8-P.1. All subdivisions shall be provided with an approved sanitary sewerage
system, meeting the standards of the City Engineering department. Curved
sewers of not less than one hundred foot (100') radius are accepted,
manholes of not over five hundred foot (500'} spacing.
8~P.2. If the sewerage system includes treatment facilities, the plan must be
approved by the Texas'State Department of Health*, and subdivider must
have a permit for the discharge of effluent from the Texas Water Quality
Board*, before approval by the commission:
8-P.3. 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."
* The Texas State Department of Health and the Texas Water Quality Board have been
consolidated into the Texas Natural Resource and Conservation Commission (TNRCC).
WHEREAS, the City Engineer has: determined, based upon the sewerage system needs, that
the. minimum size of sewer line for the service of this tract is an eight inch {8") line;
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WHEREAS, the City Engineer has determined that portions of this line may qualify for
oversize .participation funds based. upon the ultimate sewer line size .consisting of eight inch (8"),
twelve inch (12") and fifteen inch (15").segments.. This translates respectively into an additional
four inches (4") and seven inches (T') of oversizing to provide for ultimate capacity;
yNHEREAS, at this time the estimated. cost of the construction of an eight inch (8"') sewer
line. is One Hundred. Forty Four Thousand Nine Hundred and Twenty Five Dollars ($144,~~25.00),
which sewer line installation shall begin at the existing fifteen inch (15") line located within the
CITYys Woodcreek Park, approximately 2,000 feet south of Sebesta Road, .from whch 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-way,.. westward. to a point where it will enter
into the UPG PROPERTY and Lot 1 of the T.7. Addition;
i~VHEREAS, UPG is the only .developer in that area who has currentdevelopment plans to
construct a nuni-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
surer line at this time;
WI~REAS, the cost ®f the installation of a sewer line capable of providing service to the
remaining undeveloped area. is estimated to cost One :Hundred Sixty One Thousand Four :Eiundred
and Twenty Five Dollars. ($161,425.00);
WHEREAS, UPG indicates that it does not require sewer service from the CITY; and
WHEREAS, UPG's purpose is to reduce its initial cost of construction, and LTPG
recognizes that any future development of its property will require the installation of a sanitary
sewer line capable of adequately servingthe developments in order that it meet the City of College
Station Subdivision Regulations;
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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:
L UPG may install a temporary "private" septic system if the current development and
any .ordinance would otherwise require a sewer system to serve the office area.
UPG shall connect to the "public" gravity sewer line upon completion of such line to
the UPG PROPERTY.
2. Upon execution of this Agreement, UPG shall pay the CITY Twelve Thousand One
Hundred and Thirty Dollars ($12,130.00) as a deposit for the installation of the
approved sewer line to the UPG property.
In the event that UPG decides to make any expansion to or change the usage
beyond the proposed mini-storage development such that the City Engineer
determines that § 8.P.3. of the CITY's Subdivision Regulations, as stated in this
agreement, is no longer applicable, then UPG shall obtain all necessary easements
and construct an approved sewer line to provide adequate sewer service to such
development, subject to oversize participation at CITY's discretion. Upon tlhe
completion of the sewer line by UPG, CITY shall return to UPG the Twelve
Thousand One Hundred and Thirty Dollars ($12,130.00) previously deposite;d with
CITY.
4. UPG shall pay to CITY the sum of Twelve Thousand One Hundred and Thirty
Dollars ($12,130.00) 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
thinAgreement within ten (10) working days of notice from the City Engineer or
otherwise fails to comply with any of the requirements of this Agreement, and in
addition to the other remedies available to CITY, the City Engineer shall apply the
funds to the CITY, which funds shall be used to pay for the line when installed.
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. Impact Fees
~„ `~Y.1~ aer,c .lt f
If CITY enacts. impact fees in a geographic area that includes the UPG PROPERTY
before UPG or CITY constructs the sewer line then this agreement shall expire and
CITY shall assess an impact fee on the property. CITY shall. credit the amount paid
by UPG against the impact fee' due and refund any overpayment to UPG. If any
balance is owing, UPG shall remit same o CITY. Any refund or payment shall be
made within`60 days of the date that the impact fee is adopted by CITY.
7. All notices and documents required herein shall be sent and provided to the parties
at the. addresses and telephone numbers listed below:
United Properties Group, Inc City of College Station
William D. Farrar, President City Engineer
P. O. Box 10888 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 Offices The
parties may change addresses upon thirty (30} days' written notice .sent certii~ed
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. iTPG agrees to and shall indemnify, hold harmless and defend CITY, its
officers, agents and employees, from and against any and aIl claims, losses,
damages, causes of action,. suits and liability of every kind, including alll
ezpenses 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 connectiion 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.
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10. Fer the duration of the contract, UPG 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
UPG, its. agents, representatives, volunteers, employees or subcontractors.
LJPG's insurance coverage shall be primary. insurance with respect to .CITY, iits
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.
Certificates of Insurance and endorsements shall be furnished to the CITY and
approved by Cl'I'Y 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 writtenby a carrier with an A:VIII or better
rating in accordance with the current Best Key. Rating Guide.
B. Only insurance carriers ficenscd 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..
Ee The coverage shall contain na special limitations on the scope of pratection
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 alter
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:
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a. 1Vrnimum Combined Single himit 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.
c. 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:
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 ofcancellation, 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. Thin 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.
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12. In the event of litigation, UPG agrees to pay and shall pay all of the attorney's fees,
court costs and' ®ther litigation costs of CITY.
13. UPG shall provide proof of its authorization to execute this Development
Agreement, which proof of authorization to sign is attached hereto as Exhibit ~.
14. Z his agreement shall be binding upon. and inure to the benefit of any successor, heirs
or assigns.
Executed this the j day of ~ cAn~ _. 1997..
UNITED.PRO~ER~ IES GROUP, INC.. CITY OF COLLEGE.STATION
~a
BY: t~ BY:
VVllliam .Farrar, President Lynn McIlhaney, Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
Geor a Noe, City Manager
Harvey Cargill, City Attorney
. ~' r 6`x'07
Charles Cryan, Act g Director
of FiscalfHuman Resources
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STATE OF TEXAS
COUNTY OF BRAZOS
ACKNOWLEDGMENT
Eefore me, the undersigned authority, on this day personally appeared William De Farrar,
as President of L7NITED 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 the same for the purposes and consideration therein expressed. ~
Criven under my hand. and seal of office on this the ~ ~ day of ~1 1997.
~~ ~'~ i~w- 8. g1ARANZA
,~,'~`~ ~;~ggs Notary Public in and for
The State of Texas
STATE OF .TEXAS }
ACKNOWLEDGMENT
COUNTY OF ERAZOS
Eefore me, the undersigned authority, on this .day pers®nally appeared Mayor Lynn
1VIcIlhaney, 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 ~grein expresse
Criven under my hand and seal of office on this the ~ -~}-- day of 1997.
~~`Y KATHERINE M. STASNY
Notary pubNc, State cf:Texas
My Commission Expires
JULY t0, 200
von ~~~6 PAGE
~~
Notary Public in and fir
The State of Texas
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