HomeMy WebLinkAbout09-00500148- 00073907C, r7 D
STATE OF TEXAS
COUNTY OF BRAZOS §
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DEVELOPMENT AGREEMENT r ; .7
This Development Agreement is entered into by and between t e CITY OF
COLLEGE STATION, a Texas Home Rule Municipal Corporation, and YOUNG
BROTHERS, INC., a Texas Corporation, hereinafter referred to as OWNER.
WHEREAS, OWNER, acting through A.P. Boyd, its agent, is developing the
Pebble Creek Subdivision (formerly known as the Texas Centroid Ranch) on behalf of
the Pebble Creek Development Corporation; and
WHEREAS, OWNER has located a temporary batching plant to supply concrete
for the construction work on the property depicted in the copy of the vicinity map
attached hereto as Exhibit "A", and incorporated, herein by reference; and
WHEREAS;`-.OWNER will be utilizing concrete produced from this batching plant
to supply concrete for their construction work; and
WHEREAS, OWNER has had-this project reviewed by the City's Development
Review Team; and
WHEREAS, the Development Review Team has provided recommendations and
requirements for the operation of the temporary batching facility; and
WHEREAS, the City Council of College Station has ultimate review of the
request and reviewed and approved the original request for the temporary batching
plant on September 14, 1989 in Resolution No. 9-14-89-2.3; and
WHEREAS, the property is currently zoned C-1, General Commercial; and
WHEREAS, the property as currently zoned may not be used to operate a
concrete batching plant; and
WHEREAS, the CITY OF COLLEGE STATION Zoning Ordinance No. 1638
does provide in §8.14 for the temporary location of construction equipment and
buildings on property for use in the construction work; and
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WHEREAS, Zoning Ordinance No. 1638, §8.14 provides that "temporary
buildings and equipment for uses incidental to construction work on premises are
allowed in any zone but shall be removed upon the completion or abandonment of
construction work"; and
WHEREAS, OWNER requests that the City Council of the CITY OF COLLEGE
STATION allow the temporary location and operation of the batching plant and retail
sales of concrete which are incidental to the construction work on the premises;
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. Term
1.1 The term of this Agreement is three (3) years. OWNER is entitled to
utilize the property described in Exhibit "A" as a concrete batching plant for the term of
this Agreement subject to the renewal and approval on an annual basis by the College
Station City Council.
1.2 The term of this Agreement shall commence upon execution of this
Agreement by the College Station City Council. The renewal date shall be one (1) year
from the date of its execution.
2. Use
2.1 The batching plant may be utilized for uses incidental to construction work
for the Pebble Development Corporation (the owner and developer of Pebble Creek
Subdivision); the Sebesta Road Project, the City of College Station Business Park, the
Highway 6 South Project, the George Bush Library, and any other City of College
Station Public Works Projects. In the event that OWNER uses the concrete from said
batching plant for retail sales of concrete which are not incidental to construction work
for the above-mentioned projects, then the. property must be rezoned prior to any such
use.
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2.2 The continued use of the batching plant is granted on a temporary basis
only, unless OWNER seeks and receives a rezoning of the property from the CITY OF
COLLEGE STATION City Council to a zone in which the use is authorized. In the
event that OWNER desires to rezone the property, OWNER agrees to file and shall file
an application with the CITY OF COLLEGE STATION Planning Department no less
than ninety (90) days from the expiration date of this Agreement. If the CITY OF
COLLEGE STATION does not receive an application by the date, it will be presumed
that OWNER does not intend to seek a permanent continuation of the use of the
property as a concrete batching plant.
2.3 During the term of this Agreement, OWNER shall continue to meet the
requirements of the CITY OF COLLEGE STATION Code of Ordinances, and the CITY
OF COLLEGE STATION Development Review Team site plan requirements attached
hereto as Exhibit "B" and incorporated herein by reference, and the screening
requirements imposed by the CITY, prior to and for the issuance of a certificate of
occupancy.
3. Maintenance of Streets and Property
3.1. OWNER agrees that all existing paved streets, and any other streets
which may be used as trucking or hauling routes, shall be maintained by OWNER on a
monthly basis. Such. monthly routine maintenance shall include but not be limited to
the following: pothole repair, street sweeping, vegetation, grading, crack sealing, street
leveling, concrete repairs, and other maintenance as necessary or required by the City
Engineer.
3.2 It is agreed that if at any time during the term of this Agreement, the City
Engineer determines that substantial pavement failure has occurred on existing paved
streets listed above, OWNER shall reconstruct the roadway to same street design and
condition as existed at the commencement of this agreement.
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3.3. OWNER shall take appropriate measures to minimize and control dust
emanating from the property.
3.4 At the end of the term of this Agreement, OWNER agrees to remove all
batching equipment and restore the property to its original condition, or as close
thereto as possible, at his expense.
4. Screening
4.1 In the interest of furthering economic development in the vicinity of this
project, OWNER agrees to provide screening, if required by the Project Review
Committee of the CITY OF COLLEGE STATION, when adjacent development occurs
during the term of this agreement. This screening requirement shall be imposed upon
receiving appropriate notice from the CITY OF COLLEGE STATION.
5. Utility Service
5.1 It is agreed that utility service will be provided upon the issuance of the
certificate of occupancy. It is further agreed that upon the expiration of this agreement
the CITY OF COLLEGE STATION shall no longer provide utility service unless a
permanent rezoning of the tract authorizing the use has been approved by the City
Council or the CITY OF COLLEGE STATION.
6. Illegal Use of Property
6.1. In the event that upon the expiration of this approved Agreement the use
of the property as concrete batching plant has not ceased, this Agreement along with a
certified copy of the minutes of the City Council meeting denying the rezoning
application, or if there is no application, shall be sufficient evidence for a confession of
judgment at an injunction hearing.
6.2 In the event that OWNER fails to cease utilizing the property as a
concrete batching plant upon the expiration of the approved Agreement, OWNER
hereby recognizes and understands that for each day on which the premises are
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utilized for a concrete batching plant, OWNER shall be subject to a criminal penalty as
provided by law.
6.3. In the event that OWNER fails to cease utilizing the property as a
concrete batching plant upon the expiration of this approved Agreement, OWNER
hereby agrees and confesses judgment to the payment to the CITY OF COLLEGE
STATION of a civil penalty of Two Thousand Dollars ($2,000.00) per day for each and
every day of said unauthorized use.
7. Indemnification and Release
7.1 OWNER agrees to and shall indemnify and 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 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 CITY.
7.2 OWNER hereby releases, relinquishes and discharges CITY, its
officers, agents and employees, from all claims, demands, and causes of action
of every kind and character including the cost of defense thereof, for any injury
to, including death of, any person (whether they be third persons, contractors, or
employees of either of the parties hereto) and any loss of or damage to property
(whether the same be that either of the parties hereto or of third parties) caused
by or alleged to be caused, arising out of, or in connection with this Development
Agreement whether or not said claims, demands and causes of action in whole or
in part are covered by insurance.
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8. Venue
8.1. The parties agree that this Agreement shall be performed in Brazos
County, Texas, and that venue shall be in a court of proper jurisdiction in Brazos
County, Texas.
9. Amendments and Renewals
9.1 Any subsequent Agreements, amendments or renewals shall not be
effective unless in writing and signed approved by the respective parties.
10. Waiver
10.1 No waiver of any of the terms of this Agreement by the CITY OF
COLLEGE STATION shall constitute a waiver of any other term of this agreement.
11. Assignment
11.1 This Agreement may not be assigned unless approved by the parties
herein.
12. Successors in Interest
12.1 The terms of this Agreement shall be binding on the successors and
assigns of the parties.
13. Proof of Authorization to Sign
13.1 The parties agree that upon the execution of this Agreement they shall
each provide proof of authorization to sign.
14. Attorney Fees and Costs
14.1 In the event of litigation, OWNER agrees to pay and shall pay all of the
attorney's fees, court costs and other litigation costs of CITY.
15. Administrative Costs of Agreement
15.1 OWNER agrees to pay for the administrative costs of preparation of this
Agreement in accordance with the policy established by the College Station City
Council.
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SIGNED this the I
YOUNG BROTHERS, INC.
day of (5 sj e~ ~ , 1994.
BY:
A.P. BOYD
STATE OF TEXAS
COUNTY OF BRAZOS
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his i~s-trument was acknowledged before me on. the
1994, by LARRY RINGER as Mayor
Station, a Texas Home Rule Municipal Corporation, on pehalf of
o`er DEBORAH ANN GRACE
: NOTARY PUBLIC
State of Texas
tEt` Comm. Exp. 04-14-97
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CA (A-1Q) Qs
CITY OF COLLEGE STATION
BY:
bi%RRY R a
ATTEST:
Connie Hooks, City Secre ary
is in
vo, 2202 PAGE 131
day of
ity of College
exas
and Human Resources
THE STATE OF TEXAS )
COUNTY OF BRAZOS )
This instrument was acknowledge before me S
Sepe,~ 1994, by A. P. BOYD, as
of YOUNG BROTHERS, INC., a Texas Corporation, on
E NDEBORAH ANN GRACE
OTARY PUBLIC
State of Texas
Comm. Exp. 04-14.97
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STATE HWY 6
Unplotted Tract of land owned
by Pebble Creek Dev. Co.
Located in the Northeost Quodront
of the Greens Proire Rd.
& State Hwy 6 intersection.
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CITY OF COLLEGE STATION
(J~XrOtt
DEVELOPMENT SERVICES DEPARTMENT
Post Office Box 9960 1101 Texas Avenue
College Station, Texas 77842-0960
(409) 764-3570
EXHIBIT_ B
DATE: August 18; 1994
TO: City Council
FROM: Development Review T
RE: Temporary Batching Plant
The Development Review Team has considered this proposal and makes the following
recommendations and requirements regarding this temporary facility:
• Connect the 20' (minimum width) drive to parking area.
• Provide temporary: blanket easement for entire large tract.
• Provide electric''16ad data.arid voltage requirement's.
• Show location of the SH:.6 off ramp
• Driveway to frontage road must be between 24' and 36' in width with an asphalt apron
onto the frontage- road to prevent tracking dirt -and gravel to highway.
• Drainage development.pernit.addressing drainage and runoff from site is required.
• TXDOT permit is required for driveway.
• Coordinate solid waste disposal requirements with the City's Sanitation Division.
• A gravel surface is acceptable because of the temporary nature of this facility.
• Additional screening of this site is not part of the recommendations at this time.
• The permit should be reconsidered annually so any desired changes can be addressed as
conditions in the area change.
• Coordinate design and construction of utility services with the water and wastewater
divisions.
t
'Building a Better City in Partnership with You-
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