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Home My WebLink About14-102FOR OFFICE USE ONLY cAsE No.: i4-1 oi. DATE SUBMITTED : 00: I \tpj 14 TIME: \: 3 0 CnY oi: CoLLEGL STAT10 · Home ofTexm Ad"'/11 Universi~l STAFF : -+-f\....,J"....__ ______ _ FINAL PLAT APPLICATION (Check one) D Minor ($700 ) D Amending ($700) D Final ($932 ) 0 Vacating ($932) lg] Replat ($932) Is this plat in the ET J? D Yes [gJ No Is this plat Commercial ~ or Residential D MINIMUM SUBMITTAL REQUIREMENTS: i $700-$932 Final Plat Application Fee (see above). ~ SEt; ~ $233 Waiver Request to Subdivision Regulations Fee (if applicable). $600 (minimum ) Development Permit Application I Public Infrastructure Review and Inspection Fee . Fee is 1 % of acceptable Engineer's Estimate for public infrastructure , $600 minimum (if fee is > $600 , the balance is due prior to the issuance of any plans or development permit). ~ Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided . V[g] Six (6 ) folded copies of plat. (A signed mylar original must be submitted after approval.) ~Two (2) copies of the grading , drainage , and erosion control plans with supporting drainage report . ~ Two (2) copies of the Public infrastructure plans and supporting documents (if applicable). !ftJA Copy of original deed restrictions/covenants for replats (if applicable) . ./ [ZJ Title report for property current within ninety (90) days or accompanied by a Nothing Further Certificate current within ninety (90) days . The report must include applicable information such as ownership , liens , encumbrances , etc. t..>tl\ subll\i+ [gJ Paid tax certificates from City of College Station , Brazos County and College Station l.S.D . pr<OV' -to fi\t"'9 ~ The attached Final Plat checklist with all items checked off or a brief explanation as to why they are not. NOTE: A my lar of the approved preliminary plan must be on file before a final plat application will be considered complete . If the mylar is submitted with the final plat application , it shall be considered a submittal for the preliminary plan project and processed and reviewed as such . Until the mylar has been confirmed by staff to be correct , the final plat application will be considered incomplete . Date of Optional Preapplication or Stormwater Management Conference NAME OF PROJECT Emerald Pointe Campus ADDRESS 3001 Earl Rudder Fwy S SPECIFIED LOCATION OF PROPOSED PLAT : Southeast corner of SH 6 and Emerald Parkway APPLICANT/PROJECT MANAGER 'S INFORMATION (Primary contact for the project): Name Mitchell & Morgan, LLP CIO James Batenhorst E-mail james@mitchellandmorgan .com Street Address 3204 Earl Rudder Fwy S City College Station state Te x as Zip Code _7_78_4_5 ___ _ Phone Number 979-260-6963 Fax Number 979-260-3564 ---------------~ Revised 4/14 Page 1 of 9 PROPERTY OWNER'S INFORMATION (All owners must be identified . Please attach an additional sheet for multiple owners): Name Paesuerta, LP C/O Scott Eidson E-mail scotte@suddenlink.net Street Address 2429 Earl Rudder Fwy, Ste 100 City College Station State _r,_ex_a_s _____ _ Zip Code 77845 ------- Phone Number 979-693-2467 Fax Number ----------------~ ARCHITECT OR ENGINEER'S INFORMATION : Name Mitchell & Morgan, LLP CIO James Batenhorst E-mail james@mitchellandmorgan.com Street Address 3204 Earl Rudder Fwy S City College Station State Texas Zip Code 77845 ------- Phooe Number 979-260-6963 Fax Number 979-260-3564 -------------- Do any deed restrictions or covenants exist for this property? ·o Yes [g] No Is there a temporary blanket easement on this property? If so , please prov ide the Volume __ N_li_f'.'.l __ and Page No . _N_IA_ Total Acreage _1_7._6_3_8_a_c_re_s _____ _ Total No . of Lots 6 ------R-0-W Acreage 1.107 acres Existing Use Three Commercial Structures & Vacant Number of Lots By Zoning District 6 M-1 Proposed Use Commercial ----------------- Average Acreage Of Each Residential Lot By Zoning District: 2.755 I M-1 Floodplain Acreage 0 ------------------------------------- Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? I Yes [X No This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determ ine if the application qualifies for vesting to a previous ordinance . Notwithstanding any assertion made , vesting is limited to that which is provided in Chapter 245 of the Texas Local Government Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? I Yes fX No If yes , provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name : NIA City Project Number (if known): NIA Date I Timeframe when submitted : N/A Revised 4/1 4 Page 2 of 9 A statement addressing any differences between the Final Plat and Preliminary Plan (if applicable): one . Requested waiver to subdivision re ulations and reason for same (if applicable ): one . Regarding the waiver request, explain how : 1. There are special circumstances or cond itions affecting the land involved such that strict application of the subdivis ion re ulations will deprive the a plicant of the reasonable use of h is land . one. 2. The wa iver is necessary for the preservation and enjoyment of a substantia l property right of the applicant. one. 3. The granting of the waiver will not be detrimental to the public health , safety , or welfare , or injurious to other property in the area , or to the City in administering subdivision regulations . on e. 4 . The grant ing of the waiver will not have the effect of preventing the orderly subd iv ision of other land in the area in accordance with the provisions of the Unified Development Ord inance. one . Fee in lieu of sidewalk construction is being requested because of the following condition (if applicable ): 1. tJ/!f"An alternative pedestrian way or multi-use path has been or w ill be provided outside the right -of-way ; 2. f'i/lr The presence of un ique or unusual topographic , vegetative , or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping with the purposes and goals of the UDO or the City's comprehensive Plan ; 3. ~A cap it al improvement project is imminent that will include construction of the required sidewalk . Imminen t shall mean the project is funded or projected to commence within twelve (12 ) months ; 4 . ~"fr Exist ing streets constructed to rural section that are not identified on the Thoroughfare Plan with an estate I rural context ; 5. ~Whe n a sidewalk is required along a street where a multi-use path is shown on the Bicycle , Pedestrian , and Greenways Master Plan ; Revi sed 4/14 Page 3 of 9 6. ~/"-The proposed development is within an older residential subdivision meeting the criteria in Platting and Replatting within Older Residential Subdivisions Section of the UDO ; or 7 . tf/~ The proposed development contains frontage on a Freeway I Expressway as designated by Map 6 .6 , Thoroughfare Plan -Functional Classification , in the City's Comprehensive Plan. Detailed explanation of condition identified above : NOTE : A waiver to the sidewalk requirements and fee in lieu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commission . Total Linear Footage of Proposed Public: NIA Streets NIA Sidewalks NIA Sanitary Sewer Lines NIA Water Lines NIA Channels NIA Storm Sewers NIA Bike Lanes I Paths Parkland Dedication due prior to filing the Final Plat: ACREAGE : NIA NIA NIA No . of acres to be dedicated + $ __ N_!._:4 __ development fee No . of acres in floodplain No . of acres in detention _N_!._:4_ No. of acres in greenways OR FEE IN LIEU OF LAND : NIA No . of SF Dwelling Units X $ NIA = $ NIA NIA (date) Approved by Parks & Recreation Advisory Board NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true , correct, and complete . IF THIS APPLICATION JS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompa nied by proof of authority for the company's representative to sign the application on its behalf LIEN HOLDERS identified in the title report are also considered owners and the appropriate signatures must be provided as described above . Revised 4/14 r-t_;,:tw·( 7v/fel ,!._ (, C. {rt#~ /tr/ f,wr_ Date Page 4 of 9 I ..,.v CERTIFICATIONS REQUIRED FOR ALL DEVELOPMENT Owner Certification: 1. t'Jo work of any kind may start until a permit is issued . 2 . Th ·e permit may be revoked if any false statements are made here in. 3. If revok ed , all work must cease until permit is re-issued . 4 . Development shall not be used or occupied until a Cert ificate of Occupancy is issued . 5. The pe rmit will exp ire if no significant work is progressing within 24 months of issuance . 6 . Other permits may be required to fulfill local , state , and federal requirements . Owner will obtain or show comp li ance with all necessary State and Federal Permits prior to construct ion including NOi and SWPPP . 7 . If required , Elevation Certificates will be provided w ith elevat ions certified during construction (forms at slab pre - pour) and post construction. 8. Owner hereby g ives consent to City representatives to make reasonable inspections requ ired to verify compliance . 9. If, sto rm water mit igation is required , including detention ponds proposed as part of this project , it shall be designed and constructed first in the construction sequence of the project. 10. In accordance with Chapter 13 of the Code of Ordinances of the City of College Station , measures shall be taken to ins ure that all debris from construction , erosion , and sedimentation shall not be deposited in city streets , or ex ist ing drainage facilities . All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer for the above named project. All of the applicable codes and ord inances of the City of College Stat ion shall apply . 11 . The information and conclusions contained in the attached plans and supporting documents will comply with the current requirements of the City of College Station , Texas City Code , Chapter 13 and associated BCS Un ified Des ign Guidelines Technical Specifications , and Standard Deta ils . All development has been des igned in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regu lat ions. 12. Releas e of plans to (name or firm ) is authorized for bidd ing purposes only . I understand that final approval and release of plans and development for construct ion is contingent on contractor signature on approved Development Permit. 13. I, THE OWNER , AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN , AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICATION , ARE , TO THE BEST OF MY KNOWLEDGE , TRUE , AND ACCURATE . Prop Date Engineer Certification: 1. T he project has been designed to ensure that stormwater mitigation , includ ing detention ponds , proposed as part of the project will be constructed first in the construction sequence . 2 . I w il l obtain or can show compliance with all necessary Local , State and Federal Permits prio r to construction including NOi and SWPPP . Design will not preclude compliance with TPDES : i.e ., projects over 10 acres may requi re a sedimentation bas in . 3 . The informatio n and conclusions contained in the attached plans and supporting documents comply with the current require ments of the City of College Station , Texas City Code , Chapter 13 and associated BCS Uni fi ed Des ign Guidelines . All deve lopment has been designed in accordance with all applicable codes and ord inances of the City of College Station and State and Federal Regulations . 4 . I, THE ENGINEER , AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN , AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICAT ION , ARE , TO THE BEST OF MY KNOWLEDGE , TRUE , AND CCUR TE ......... , .. ,,,\\ A A . • .... ~ E OF 1. \\t ~ .:-.:;"~~~··~·~.f-_,;,~ , I ~1,D~ f..~./ ... P.[. · .. \ •. \ _'l~--'=1;_ .. _u_1=r----------~~ '-·~~~S..t .fM.wN_~·· ..... i Date ~ \ · uw.~S~ Revised 4/14 Page 5 of 9 The following CERTIFICATIONS apply to development in Special Flood Hazard Areas. Required for Site Plans, Final Plats, Construction Plans, Fill/ Grading Permits, and Clearing Only Permits:* certify , as demonstrated in the attached drainage study , that the alterations or development covered by this permit , shall not: (i) increase the Base Flood elevation ; (ii ) create add itional areas of Special Flood Hazard Area ; (iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway and where the velocity of flow in the Base Flood event is greater than one foot per second . This area can als o be approximated to be either areas with in 100 feet of the boundary of the regulatory floodway or areas where the depth of from the BFE to natural ground is 18 inches or greater; (iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and less than one foot per second without acceptable compensation as set forth in the City of College Station Code of Ordinances , Chapter 13 concerning encroachment into the Special Flood Hazard Area ; nor (v) increase Base Flood velocities . beyond those areas exempted by ordinance in Section 5.11 .3a of Chapter 13 Code of Ordinances . >J/A Engin eer Date Init ial D * If a platting-status exemption to this requirement is asserted , provide written justification under sepa rate letter in lieu of certification. Required for Site Plans, Final Plats, Construction Plans, and Fill/ Grading Permits: B . I, NIA , certify to the fo llowing: (i) that any nonres idential or multi-family structure on or proposed to be on this site as part of this application is designed to prevent damage to the structure or its contents as a result of flooding from the 100-year storm . Engineer Date Additional certification for Floodway Encroachments: C. I, ________ N_IA ________ , certify that the construction , improvement , or fill covered by this pe rm it shall not increase the base flood elevation . I w ill apply for a variance to the Zoning Board of Adjustments . Engineer Date Revised 4/1 4 Page 6 of 9 Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate required). Residential Structures: D. I, NIA , certify that all new construction or any substantial im provement of any residential structure shall have the lowest floor , including all utilities , ductwork and any basement , at an elevation at least one foot above the Base Flood Elevation . Required Elevation Certificates will be provided with elevat ions certified during construction (forms at slab pre-pour) and post construction . I Enginee r I Surveyor Commercial Structures: Date E. I, NIA , certify that all new construction or any substantial improvement ~~~~~~~~~~~~~~~~ of any commercial , industrial , or other non-residential structure are designed to have the lowest floor , including all utilities , ductwork and basements , elevated at least one foot above the Base Flood Elevation ' Engineer I Surveyor OR tJ/ Pr Date I, NIA , certify that the structure with its attendant ut ility , ductwork , basement and sanitary facilities is designed to be flood-proofed so that the structure and utilities , ductwork , basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all areas below the Base Flood Elevation , and shall resist the structural loads and buoyancy effects from the hydrostatic and hydrodynamic conditions . Requi red Elevation Certificates will be provided with elevations certified during construction (forms at slab pre- pour) and post construction . tJ/A: Eng inee r I Surveyo r Date Conditions or comments as part of approval: Rev is ed 4/14 Page 7 of 9 FINAL PLAT MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (Requirements based on field survey and marked by monuments and markers.) [8] Drawn on 24" x 36" sheet to sca le of 100' pe r inc h. [8] Vicinity map which includes enough of surrounding area to show general location of subject property in relationship to College Station and its City Limits. No scale required but include north arrow. [8] Title Block with the following information : [8] Name and address of subdivider , recorded owner , planner , engineer and surveyor. [8] Proposed name of subdivision . (Subdivision name & street names will be approved through Brazos County 911 .) [8] Date of preparation . [8] Engineer's scale in feet. [8] Total area intended to be developed . [8] North Arrow . [8] Subdivision boundary indicated by heavy lines . t{/Jc If more than 1 sheet , an index sheet showing entire subdivision at a scale of 500 feet per inch or larger. [8] A ll applicable certifications based on the type of final plat. [8] Owne rship and Dedication [8] Surveyor and/or Engineer [8] City Engineer (and City Planner, if a minor plat ) [8] Plann in g and Zoning Commission (delete if minor plat ) [8] Brazos County Clerk ~ Brazos County Commissioners Court Approval (ET J Plats on ly) ~~lttlf submitting a replat where there are exist in g improvements , submit a survey of the subject property ( showing the improvements to ensure that no encroachments will be created . p Ah ~ If using pr iv ate septic systems , add a general note on the plat that no private sewage facility may be in stalled on any lot in this subdivision without the is suance of a license by the Brazos County Health Unit under the provisions of the private faci lity regula ti ons adopted by the Commissioner's Court of Brazos County , pursuant to the prov isi ons of Section 21 .084 of the Texas Water Code . [8] Location of the 100-Year Floodplain and floodway , if applicable , according to the most recent available data . [8] Lot corner markers and survey monuments (by symbo l) and clearly tied to bas ic survey data. tJfJJ Matches the approved preliminary p lan or qualifies as minor amendments (UDO Section 3.3.E.2). [8J The location and description with accurate dimensions , bearings or deflection angles and radii , area , center angle , degree of curvature , tangent distance and lengt h of all curves for all of the following : (Show existing items that are intersecting or contiguous with the boundary of or forming a boundary w ith the subd iv ision , as well as , those within the subdivision). Existing Proposed [8] [8] [8] [8] [8] [8] Rev ise d 4/14 St re ets . Continuous or end in a cul -de -sac , stubbe d out streets must end into a temp turn around unless they are shorter than 100 feet. Public and private R.O .W . locations and widths . (All existing and proposed R.O .W .'s sufficient to meet Thoroughfare Plan .) Street offsets and/or intersection angles meet ordinance . Page 8 of 9 .. Existing : [ZJ D Proposed i [ZJ tql Alleys . Easements . A number or letter to identify each lot or site and each block (numbered sequentially). Parkland dedication/greenbelt area/park linkages. All proposed dedications must be reviewed by the Parks and Recreation Advisory Board and documentation of their recommendation provided prior to being scheduled for P&Z Commission consideration . tJ{ll Construction documents for all public infrastructure drawn on 24" x 36 " sheets and properly 5'6l sealed by a Licensed Texas Professional Engineer that include the fol lowing : Of '~MfJl.ff\1-"/Jt Street , alley and sidewalk plans , profi le s and sections . One sheet must show the overall ~~J. street , alley and/or sidewalk layout of the subdivision . (may be combined with other ~1~'.-w"' utilities). ~ Sewer Design Report . [ZJ ~ NOTE: Revised 4/14 tfJj Sanitary sewer plan and profile showing depth and grades . One sheet must show the overall sewer layout of the subdiv ision . (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas .) Water Design Report and/or Fire Flow Report . Water line plan showing fire hydrants , valves , etc . w ith plan and profile lines showing depth and grades . One sheet must show the overall water layout of the subdiv ision . (Utilities of sufficient size/depth to meet the utility master plan and any future growth areas .) Storm drainage system plan with contours , street profile , inlets , storm sewer and drainage channels , with profiles and sections . Drainage and runoff areas, and runoff based on 5, 10 , 25 , 50 and 100 year rain intensity. Detailed drainage structure design , channel lining design & detention if used . One sheet must show the overall drainage layout of the subdivision . ~ Detailed cost estimates for all public infrastructure listed above sealed by Texas P.E. tf/t Letter of completion for public infrastructure or guarantee I surety in accordance with UDO Section 8.6. t4lB Drainage Report with a Technical Design Summary tfJp, Erosion Control Plan (must be included in construction plans ). All off-site easements necessary for infrastructure construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be provided in recordable form to the City prior to being scheduled for P&Z Commission consideration . Are there impact fees associated with this development? D Yes [ZJ No Impact fees must be paid prior to building permit. Will any construction occur in TxDOT rights -of-way? D Yes [ZJ No If yes , TxDOT permit must be submitted along with the construction documents . 1. We will be requesting the corrected Final Plat to be submitted in digital form if available prior to filing the plat at the Courthouse . 2. If the construction area is greater than 5 acres , EPA Notice of Intent (NOi) must be submitted prior to issuance of a development permit. I · Print Form Page 9 of 9 DATE : TO : FROM : November 26 , 2013 CJTY OF C< )IJ ,EGI : ST\T ION I lo 111r of7ex11J A.&M Uni,,n:<iFJ MEMORANDUM James Batenhorst , Mitchell & Morgan , LLP , via: james@mitchellandmorgan.com Matt Robinson , AICP , Senior Planner SUBJECT: EMERALD POINTE CAMPUS (PP) Staff reviewed the above-mentioned Preliminary Plan as requested . The following page is a list of staff review comments detailing items that need to be addressed . ___ The subject property is already platted as Agency Records Control lot 1. To proceed with subdividing the property and adding the abandoned ROW, the plat will need to be processed as a replat. We are willing to apply the fees paid for the Preliminary Plan application towards a Final Plat -Replat application if you would still like to proceed forward with the plat process . The Replat application would need to include all minimum submittal requirements , including construction documents . . If you have any questions or need additional information , please call me at 979 .764 .3570 . Attachments: Staff review comments cc: Scott Eidson , Paesuerta LP , via : scotte@suddenlink.net Case file #13-00900245 Pl111111illf{ d· Dn1e /op111e11 t S1 •n1 ices !' < l !" l,' •1%1; • i lol It\.\\ \\ J l I · 1 ( ll l 1 < .! , I .\I hi:-..; · ! l \ \\ • --,, 12 1 [ f q-·0 -h·1 )" ··u ·I \ IJ-11 h 1 5--;t1(1 csoc.gov/devservices CJTY Of COLJJ"::GE S TAT IO Home of1cxm Ar:f M University • FOR OFFICE USE ONLY CASE NO .: DATE S UB MI TIED: ------ TIME : STAFF : PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. ~ New Project Submittal D D Incomplete Project Submittal -documents needed to complete an application . Case No .: Existing Project Submittal. Case No .: Project Name Emerald Pointe Campus Contact Name James Batenhorst Phone Number """9-'--7"-9-"°"2-"6-'-0 -'-6'--"9-"6-"'-3 ________ _ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): D Comprehensive Plan Amendment D Rezoning Application D Conditional Use Permit D Preliminary Plan ~ Final Plat D Development Plat D Site Plan D Special District Site Plan D Special District Building I Sign D Landscape Plan D Non-Residential Architectural Standards D Irrigation Plan D Variance Request D Development Permit D Development Exaction Appeal D FEMA CLOMA/CLOMR /LOMA/LOMR D Grading Plan D Other -Please specify below INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: D Comprehensive Plan Amendment D Waterline Construction Documents D TxDOT Driveway Permit D Sewerline Construction Documents D TxDOT Utility Permit D Street Construction Documents D Drainage Letter or Report D Easement Appl ication D Fire Flow Analysis D Other -Please specify Special Instr uctions : 10/10 Print Form MITCHELL MM MORGAN To: City of College Station We are sending you: D Drawings D Letter 511 University Drive East, Suite 204 College Station, TX 77840 (979) 260-6963 (979) 260-3564 Fax info@mitchellandmorgan.com www.mitchellandmorgan.com Letter Of Transmittal Date: 4116/2014 Job: 1327 Attention: Jason Schubert, AICF Re: Emerald Pointe Campus [ii Attached D Plans D Order D Under separate cover via _____ the following: D Prints D Samples D Specifications D Other _______________ _ Item Date #of Copies Description 1 4/16/2014 1 Replat Application 2 4/16/2014 1 Construction Plans Submittal Letter 3 4/14/2014 1 Development Agreement Draft 4 11/26/2013 1 Memorandum Regarding Fees 5 617/2010 1 Proof of Authority 6 4/15/2014 1 Title Documentation 7 4/16/2014 6 24x36 -Replat Transmitted as checked below: D For approval DD Approved as noted D Resubmit. ___ copies for approval D For your use Approved as submitted D Submit copies for distribution D As requested D Returned for corrections D Return corrected copies [ii For review D Other ____________ _ Remarks: If you have any questions or comments, please contact us at 260-696: Copy to: _F_ile _____________ Signed: Kerry Pillow Jason Schubert , AICP City of College Station P .O . Box 9960 College Station , Texas 77842 MITCHELL M M MORGAN Re: Emerald Pointe Campus Rep/at -Construction Plans Submittal Dear Jason, April 16 , 2014 The purpose of this letter is to explain why construction pl a ns are not being submitted with this Replat Application. The Owner of this property is negotiating a development agreement with the City of College Station whereas the Owner will construct the required thoroughfare extension of Corsair Circle per the UD O , from Emerald Parkway southward through the existing Lot 1A until the point where Corsair Circle currently terminates , along with the associated utilities. The Owner will be dedicating the necessary right-of-way fo r the extension with the requested replat. We have attached a copy of this drafted Development Agreement for your records and review . Sincerely , 4,~ James Batenhorst , PE Cc : File 511 UNIVERSITY DRIVE EAST, SUITE 204 • COLLEGE STAT ION, TX 77840 • T 979.260.6963 • F 979.260.3564 CIVIL ENGINEERING • HYDRAULICS • HYDROLOGY • UTILITIES • STREETS • SITE PLANS • SUBDIVISIONS info@m1tchellandmorgan.com • www.m1tchellandmorgan .com DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this the day of ___________ , 2014 , by and between the City of College Station , a Texas Home-Rule Municipal Corporation (hereinafter referred to as "City"), and Paesuerta , LP , a Texas limited partnership , owner of Lot 1A of Agency Records Control , Inc . Subdivision and the Paesuerta Tract (hereinafter referred to as the "Owner"). A. B. C. D. E. F. G . H. I. J . K. WHEREAS , Owner is the owner of the property described as all of Lot One-A (1A), AGENCY RECORDS CONTROL , INC . SUBDIVISION , an addition to the City of College Station , Brazos County , Texas , according to the replat thereof, recorded in Volume 4872, Page 158 of the Official Public Records of Brazos County , Texas , as shown on the final plat, a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes (hereinafter referred to as "Lot 1 A"); and WHEREAS , Owner is the owner of 1.03 acres of property adjoining Lot 1A as shown on Exhibit B , attached hereto and incorporated herein by reference for all purposes (hereinafter referred to as the "Paesuerta Tract"); and WHEREAS , Lot 1A and the Paesuerta Tract are referred to hereinafter collectively as the "Property"; and WHEREAS , the Owner is proposing to divide the Property into six (6) lots : Lot 1 R , Lot 2 , Lot 3 , Lot 4 , and Lot 5 , Block 1; and Lot 1, Block 2 of Emerald Pointe Campus , a replat of Agency Records Control Inc . Lot 1A; as shown on the Preliminary Plan , a copy of which is attached hereto as Exhibit C and incorporated herein by reference for all purposes ("Preliminary Plan "); and WHEREAS , the City's Thoroughfare Plan shows Corsair Circle extending from Emerald Parkway southward through Lot 1A, to the location where Corsair Circle currently terminates as a circle or cul-de-sac (hereinafter referred to as the "Extension"); and WHEREAS , the Extension when constructed will require the construction of the Extension along with thee associated utilities (collectively the "Extension Improvements"); and WHEREAS , the Owner is proposing to replat the Property in a manner consistent with the Preliminary Plan attached as Exhibit C , and as a part of that replat the Owner will dedicate the necessary right-of-way for the Extension and; WHEREAS , the Owner is proposing that the construction of the Extension Improvements be delayed until a portion of the Property has been developed as herein described ; and WHEREAS , the City Council of the City hereby determines that the Extension Improvements are not necessary at the time of replatting the Property , but such Extension Improvements will be required to be constructed in accordance with the schedule set forth in this Agreement ; and WHEREAS , upon the recording of the replat for Emerald Pointe Campus, the Owner shall provide to the City a financial guarantee as outlined in Section 12-8 . 7 of the City 's Unified Development Ordinance to guarantee the Owner's completion of the Extension Improvements in accordance with this Agreement ; and WHEREAS , deferral of the construction of the Extension Improvements varies from the requirements of the City's Unified Development Ordinance that require construction of road and utility infrastructure before final plat approval ; and 1327-Development Agreement v4 Page 1 of 11 L. WHEREAS , Section 12-2.1 of the City's Unified Development Ordinance authorizes the City Council to approve development agreements requesting deferral of specific requirements of the Subdivision Regulations; and M. WHEREAS , this Agreement between the City and the Owner addressing the deferral of construction of the Extension Improvements is required before the City can approve and file for record the re plat of the Property ; 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 : 1. The Owner agrees that any development of the Property will be subject to review and approval of the City . In this event, any and all relevant plans and/or proposals will be submitted to the City for consideration of the need for the Extension Improvements . 2. The Owner agrees that the right of way for Corsair Circle as it crosses the Property will be dedicated upon the filing of the replat for Emerald Pointe Campus . 3. The Owner agrees that , upon the first to occur of any of the following ("Triggering Event"), the Owner and/or its successors-in interest, heirs or assigns shall be obligated to construct the Extension Improvements in accordance with the plans and specifications which have been approved in advance by the City and Owner. Upon the occurrence of the Triggering Event , the Owner will cause construction of the Extension Improvements to commence within sixty (60) days thereafter , and shall cause such construction to be completed in a commercially reasonable manner. a. The issuance by the City of a building permit for the construction of improvements on Lot 1, Block 2 as described in the Preliminary Plan ; or b. The issuance by the City of building permits for the construction of improvements on both Lot 1 R, Block 1 and Lot3 , Block 1. 4 . The Owner agrees that upon commencement of construction of the Extension Improvements , such construction shall be completed in accordance with the then existing City codes and ordinances . If in connection with the construction of the Extension Improvements , the City determines that utilities are necessary , the Owner and/or its successors-in interest , heirs or assigns shall be obligated to dedicate to the City the easements for the utilities as depicted on the City's Master Utility Plan at no cost to the City , and construct , at their own expense , the utilities according to the existing City codes and ord inances . 5. Upon the occurrence of a Triggering Event the Owner agrees to provide an irrevocable letter of credit in substantially the form attached hereto as Exhibit D and incorporated herein by reference for all purposes ("Letter of Credit"), as outlined in Section 12-8. 7 of the City of College Station Unified Development Ordinance in an amount not to exceed the total amount of the costs of design and construction of the Extension Improvements as established by an engineer's estimate prepared by the Owner and approved by the City . The amount of the Letter of Credit shall be based upon the engineer's estimate which is prepared at the time of the Triggering Event. If applicable , the Letter of Credit shall be renewed each year until such time as the Extension Improvements are constructed or unt il such time as the Extension is removed from the Thoroughfare Plan . The renewed Letter of Credit shall be submitted to the City for approval accompanied by an updated engineer's estimate and shall be for the total amount as established by the new engineer's estimate. In the event that the Owner defaults and Owner fails to cure such default within thirty (30) days after notice of default by the City as provided in paragraph 6 below , under the terms of this Agreement , the City may draw down on the Letter of Credit. 6. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below : 132 7-Development Agreement v4 Page 2 of 11 PAESUERTA , LP Attention: Scott Eidson 2429 Earl Rudder Frwy , Ste 100 College Station , TX 77845 Business Phone : (979) 693-8925 Business Fax : 979-691-1640 E-mail: scotte@suddenlink.net Mike Gentry West , Webb , Allbritton & Gentry , P.C. 1515 Emerald Plaza College Station , Texas 77845 Bus iness Phone : (979) 694-7000 Bus iness Fax : (979) 694 -8000 E-m ail : mike .gentry@westwebblaw .com City of College Station Attention : City Attorney 1101 Texas Ave . College Station , TX 77840 Business Phone : (979) 764-3596 E-mail: Crobinson@cstx .gov 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 . 7. This Agreement shall be filed of record in the Official Records of the Brazos County Clerk , Brazos County , Texas . 8. The Owner agrees to and shall indemnify , ho ld 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 , in cluding 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 Agreement. 9. The Owner , its successors-in -interest, heirs and assigns , hereby releases , relinquishes and discharges the City , its agents , officers , and employees , from all claims , demands , and causes of act ion of every kind and character , including the cost of defense thereof, for any loss of or damage to property (whether property of either the parties hereto , their employees , or of third parties) that is caused by or alleged to be caused by , arising out of, or in connection with this Agreement. Th is release shall apply regardless of whether said claims , demands , and causes of action are covered in whole or in part by insurance . 10 . This Agreement has been made under and shall be governed by the laws of the State of Texas . Venue shall li e in a court of competent jurisdiction in Brazos County , Texas. 11 . If it is determ in ed that the City had no authority to enter into this Agreement , then the Owner agrees that it shall meet all conditions required by the City 's Unified Development Ordinance and the Thoroughfare Plan or the City will not approve the final replat of the Property . If this occurs , then as to the Propertyt , each party shall be considered to be returned to the position they were in before this Ag reement. 12 . In the event of litigation , the non -prevailing party agrees to pay and shall pay for all of the attorney 's fees , court costs and other litigation costs of the prevail in g party . 132 7-Development Agreement v4 Page 3of11 13 . Owner warrants that it is the only record owner of the Property. The parties agree that they have read the terms of this Agreement and familiarized themselves with the requirements hereunder and agree that they understand their rights and responsibilities hereunder. It is understood and agreed that this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs , lessees , representatives , successors , and assigns . It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements , arrangements , or understandings between the parties relating to the subject matter. No oral understandings , statements , promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated unless in writing and agreed by both parties. 14 . Fai lure of either party , at any time , to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision , nor in any way affect the validity of this Agreement , any part hereof, or the right of either party thereafter to enforce each and every provision hereof. 1327-Deve lopment Agreement v4 Page 4 of 11 Owner PAESUERTA , LP , a Texas limited partnership By : Tipfor , LLC , a Texas limited liability company , its sole general partner By : ___________ _ Name : ~----------- Title :--''------------- ST A TE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on , , by Scott Eidson , President of Tipfor , LLC , a Texas limited liability company , sole general partner of Paesuerta , LP , a Texas limited partnership . Notary Public , State of Texas 1327-Development Agreement v4 Page 5 of 11 City OF COLLEGE STATION BY : -------------- ATTEST: _______ , City Secretary APPROVED : ________ , City Manager _________ , City Attorney _______ , Chief Financial Officer ST A TE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on , ______ , by ------------------· on behalf of the City of College Station . Notary Public , State of Texas 1327 -Devel opment Agreement v4 Page 6 of 11 (,,) N --J 6 (!) < (!) 0 -0 3 (!) ;:?. )> <O Cil (!) 3 (!) ;:?. < """ ~.:'~ ~~~.:;;::c~~~:o.. ~~1;!.;:fotGJll:l ~ ..... ra. ..... ,,__ 00.0.~•i(''-? .... ) .... l)o.-,.;; .... .S:.:pi.G:~riilWS.~ CoJJ ·-~ . :;:;.. ... _.. .. _, s SC t.LE = 200 ' 2 .400 ...... REPLA T REPLAT OF LOT 1 A GENC Y, RECO,RDS CON TROL .,IYC. PLANNERS, INC. lll] SOUTH lCKAS •vt .. SUIT( lll Blrl'AH, l(US neo1 119-IS·Hi-HU OWNClt/Of)J[LOPClt: ~uT(!££4 ~~~ C':l..i.fCC nt.!01. lJ: n•~! !(1;(f11)1U-tl71 ;u, {Ut) '"'-•uc m >< i ~ ::T C" ! \r ;:::;: I ' : I )> ! ( ~ r- I \:i I "I::: i ::i I ' ....... 1 ~ ! PltOJ[CT I 22-02 ; ~ (,.) N ~ 0 CD < CD 0 "O 3 CD ~ )> <C iil CD 3 CD ~ < -1:> "U Q) <C CD co ~ ! : ~ . ., :;; ~ -;; Bloc!: 1 Age<tcy Records Coottol, Inc. lot 1 -Cal!kd21.121 """'5 Vol . 612. Pge. 589 City of College Station Morgan Rector League, A-46 I « . C«'V'C :T-*i... .. I !"°'"XX"' »Ur I ~ t 1 ~1 ~· ;....,.. __ ....,_..,.' ........ , f<.:·~---1 3 N 1 + ~ """'""""""""" OIS~WA?Dt ~ OJS~ ~l:CM TC..EPMONC CABu: ~A.lMOS~ur< DlSllHC £1.EC'l'.RtCJ.t:. tHe. OtiT'IMG ST~ ~ . ~RRttn:tllW<T CO's:l.-«:. 'lfAltR. VN.,.'V~. CXtS'flolC WAltR W(T[R o:zs:n«,: SAM TMfr" ~ i..c ~ OlSlWC STCJU,1 -~ J.I~ DZl?:"G ~ oox RtH Rm F(XMJ l.Klt1c~(;W'tfyt.:WJ.__.,..,. ~h,...d.ncnhvm:n:J ,.,.....,.madebJ'tne<rl..n:Wirr:rr~ --= //(d ... --.. --.--·----------,.~.'"<:'I ~ •~ cti:"" r--r l ff"I!:~ ~<il~R:O.W.&.~ R~. Ci:ydCologe ,,.,,.;.,.,, """- Re:::IOI" ~ • ..4:-'6. e~ Courcy, Toa:i. w N -.J 6 (1) < (1) 0 "O 3 (1) ~ )> <O a; (1) 3 (1) ~ 1. i .~ i _ ... _ \-. ______ -..............-l__ \ I' I\ i ' I ' } .. I / I I / ( I I t I PH.A.SE PLAN I / i ~ VICINITY MAP m >< :::r 0: ;:::;: (") FROM : ISSUER: Date : Exhibit D Letter of Credit IRREVOCABLE LETTER OF CREDIT TO BENEFICIARY : . City of College Station Attention : Director of Development Services 1101 Texas Avenue College Station , Texas 77840 IRREVOCABLE LETTER OF CREDIT NO . ------- ISSUE DATE: 12 :00 Noon Central Standard Time , ______ , 20_ EXPIRATION DATE : 1200 Noon Central Standard Time , , 20_, or upon the completion and final payment to all contractors , whichever occurs first LOCATION OF PROJECT: AMOUNT : THOUSAND HUNDRED ------------_____ AND N0/100 DOLLARS($ .00) ACCOUNT OF : ----------' (herein "DEVELOPER") GENERAL TERMS & CONDITIONS : The Issuing Bank set out above hereby leases its IRREVOCABLE LETTER OF CREDIT NO . in favor of the CITY OF COLLEGE STATION , TEXAS , in accordance with Chapter 5, VTCA Texas Business and Commerce Code and pursuant to the Code of Ordinances of the City of College Station , Chapte r 9: Subd ivi s ions , for the Account of DEVELOPER for an amount of up to _____ _ THOUSAND HUNDRED AND N0/100 DOLLARS ($ .00). This amount is availab le by your draft(s) payable at sight when accompanied by the following : 1. Sworn Statement by a duly authorized representative of the City of College Station , Texas , stating that Developer has/have , following required notice and an opportunity to cure , defaulted and failed to complete the performance and construction of the improvements described below in accordance with the Chapter 9 of the Code of Ordinances of the City of College Station , Texas , and that the proceeds from this Letter of Credit will either be utilized by the City of College Station , Texas , to complete such construct ion or will be returned by the C ity of College Station to the lending Bank . SPECIAL TERMS & CONDITIONS : 1327 -Dev elo pment Ag ree ment v4 Page 10 of 11 1. All banking fees/expenses/charges incurred are for the account of Developer. This Letter of Credit is issues in conjunction with the development of Developer in the City of College Station , Texas , specifically for the following : To guarantee the payment and performance of the proposed construction improvements in --------------' a proposed addition to the City of College Station , Texas , for a period not to exceed one (1) year from the date hereof. 2. Disbursements pursuant to this Letter of Credit will never exceed the above-stated amount , less any amount released by the City of College Station , Texas . The amount of credit under this Letter of Credit may be reduced upon approval and acceptance by the City of College Station of completed improvements , which reduction may only be made with the written authorization of the Director of Development Services of the City of College Station . 3. In accordance with Section 5.106 of the Texas Business and Commerce Code , th is Letter of Credit may be modified , upon the execut ion and delivery to Issuer of a sworn statement giv ing consent to modification by the Director of Development Services of the City of College Station. 4. The Issuer of this Letter of Credit has caused this Letter to be signed by the undersigned officer who has attached proof of his authorization to sign , together with attestation by Issuer's authorized attesting officer and sealed with the seal of Issuer. ST A TE OF TEXAS COUNTY OF BRAZOS § § § Authorized Officer This instrument was acknowledged before me on 20_, by __________ , the authorized officer of , Issuer, a Texas Banking Corporation , on behalf of said Banking Corporation and in the capacity stated . Notary Publ ic , State of Texas 1327-Deve lopment Agreement v4 Page 11 of 11 Corporate Resolution Authorizing Partnership Activity RESOLVED, that Tipfor, LLC a Texas limited liability company ("GP") is the sole general partner of Paesuerta, LP a Texas limited partnership ("Partnership"). RESOLVED, that the GP is authorized to act for all purposes as general partner in the Partnership . RESOLVED that Scott Eidson is authorized to act on behalf of the GP in all transactions in which the GP is acting as general partner in the Partnership and to execute and deliver, on behalf of and in the name of the GP, any contracts, documents or instruments, and to take, or cause to be taken, any and all such action, necessary or appropriate to accomplish the purposes of the Partnership in the acquisition, financing and any other activity related to the real property and any associated personal property known as 3001 Earl Rudder Frwy, being all of Lot IA, Agency Records Contro~ Inc. Subdivision, Phase 3, an addition to the City of College Station, Brazos County, Texas, according to the rep lat recorded in v4872 pl58 of the Official Records ofBrazos County, Texas. RESOLVED, that the GP con.firms and ratifies all actions previously taken by Scott Eidson as an officer of the GP on behalf of the GP with respect to the actions authorized in these resolutions . The undersigned, being all of the duly authorized members ofTipfor, LLC, a Texas limited liability company, do hereby certify that the foregoing is a true and correct reso lution of Tipfor, LLC a Texas limited liability company, as general partner for Paesuerta, LP a Texas limited partnership . Executed this 7th day ofJune, 2010: Kelley Adamson Ray PowelJ Aggieland Title Company SUBSJ?OUENT TO CERTIFICATE GF# 28348 PROPERTY DESCRIPTION: All that certain lot, tract, or parcel of land situated in the City of College Station, Morgan Rector League, A-46, Brazos County ; Texas, being 1.55 acres , more or less , and being comprised of approximately 0.87 acre of the Original Emerald Parkway Right of Way as shown on a Corrected Plat of Emerald Forrest, Phase One, filed July 16, 1981, and recorded in Volume 488, page 593, Deed Records of Brazos County, Texas, Part of a called 300 .00 acre tract as described in a deed executed January 18, 1978, from L.and Part No. 1 to Allen Swoboda, Trustee, recorded In Volume 389, page 407 , Deed Records of Brazos County, Texas, and a portion of a Right of Way conveyed to the City of College Station , by H?lde<;:, Inc . of record . in ,Volume 1162 , page 613, Official Public Records of Brazos County, Texas, to which references are hereby made for any and all purposes . Said tract described as follows , to wit: BEGINNING at a 1/2" iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern limit of Emerald Parkway at a western northwest corner of Lot 1 of the Agency Control Records, Inc. subdivision , of record in Volume 612 , page 589, Official Public Records of Brazos County, Texas. Same being the southwestern corner of the original Emerald Parkway right of way and the southwest corner of said City of College Station Easement; THENCE: N 01° 51' 31" W, along the eastern right of way of State Highway 6 and crossing the old Emerald Parkway right of way, passing at 110. O feet the northwestern corner of said original right of way, continuing a total distance of 176 .80 feet to a point in the intersection of said eastern right of way with the southern back of curb of the existing Emerald Parkway; THENCE in an easterly direction with the southern back of curb of the curr.ent Emerald Parkway, along the following meanders : N 68° 13' 40" E 0 .89 feet to a point for bend, N 73° 52' 32" E 13.50 feet to a point for bend, N 80° 55 ' 53" E 9.64 feet to a point for bend, N 87° 17' 47'' E 8.66 feet to a point for bend, S 88° 22' 26" E 49.94 feet to a point for bend, S 89° 29' 02" E 180.20 feet to a point for bend, S 88° 57' 11" E 9.68...._feet to ·a point for bend, S 87° 33' 46" E 9.32 feet to a point for bend, S 86° 09' 21" E 10.44 feet fo a point for bend, S 85° 26' 44" E 50 .02 feet.to a point for bend, S 85° 07' 24" E 85.15 feet to a point for bend, S 84° 58' 28" E 13 .61 feet to a point for bend, S 81° 38' 18" E, passing at 21 .2 feet the northern line of the original Emerald Park right of way, continuing a total distance of 35.49 feet to a point for bend , S 81° 12' 17" E 75.23 feet to a point for bend, 3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731-8400 • FAX (979) 731-8408 --_______________ ___J • S 77° 24' 07'' E 31.48 feet to a point for bend, S 82° 46' 25" E 80 .g8 feet to a point for bend, S a4 ° 54' 44" E 37 .17 feet to a point for bend, S a6° 38' 3g" E 3g.32 feet to a point for bend, S a8° 03' 01" E 47 .3g feet to a point for bend, and S ag 0 41' 27" E 51.go feet to a point for bend, THENCE : S 00° 42' 30" E 11.g5 feet, leaving said back of curb, to a 1/2" iron rod found for the northeastern corner of the aforementioned Agency Control Records , Inc. tract; THENCE in a westerly direction with the southern right of way limit of the original Emerald Parkway right of way and the northern line of said Agency Control Records, Inc. tract, as follows: S 8g 0 11' 40" W 32 . 78 feet to a 3/8" iron rod found for a bend, N ag 0 5g· 55" W 226 .06 feet to an iron rod found for the beg inning of a curve to the left, Along the arc of said curve (CA= 16 ° 31' 01", R = 658 .98 feet, LC= S a1° 45' 30" W 189.31 feet) at 18g.g7 feet the end of said curve, S 73° 30' 00" W 85.00 feet to a 1/2" iron rod found for the beginning of a curve to the right, Along the arc of said curve (CA= 14° 38' 31", R = 808.3a feet, LC = S 80° 4g• 14" W 206 .02 feet) at 206 .58 feet a 1/2" iron rod found for the end of said curve, S 88° 08' 2g" W 75.01 feet (this line was used as the basis of bearings) to a 1/2' iron rod found for the beginning of a curve to the left, and In a southwesterly direction along the arc of said curve (CA= 90° 00' 00", R = 25.00 feet, LC = S 43° 08' 2g" W 35.36 feet) at 39.27 feet the POINT OF BEGINNING and containing 1.55 acres, more or less. RECORD TITLE APPEARS TO BE VESTED IN: Paesuerta LP , a Texas limited partnership THE STATE OF TEXAS )( COUNTY OF BRAZOS )( We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined the records in the Office of the County Clerk of Brazos County, Texas, and find nothing of record affecting title to the above captioned lands subsequent to October 28, 2013, 7:00 a.m. EXCEPT the following: Nothing of Record 2 We find State Tax Liens, Federal Tax Liens, Abstracts of Judgment or Lis Pendens of record against the above captioned property owner as follows: None Found This certificate is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the lands under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this certificate by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. RECORDS searched to the 7th day of March, 2014, at 7:00 o'clock a.m. AGGIELAND TITLE COMPANY 3 Aggieland Title Company SUBSEQUENT TO CERTIFICATE GF# 26648 PROPERTY DESCRIPTION: All of Lot One-A (lA), AGENCY RECORDS CONTROL, INC. SUBDIVISION, an addition to the City of College Station, Brazos County, Texas, according to the Replat thereof, recorded in Volume 4872, page 158 of the Official Public Records of Brazos County, Texas. RECORD TITLE APPEARS TO BE VESTED IN: Paesuerta, LP, a Texas limited partnership THE STATE OF TEXAS )( COUNTY OF BRAZOS )( We, AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined the records in the Office of the County Clerk of Brazos County, Texas, and find nothing of record affecting title to the above captioned lands subsequent to October 3, 2011 EXCEPT the following: 1. Second Lien Deed of Trust and Security Agreement dated May 9, 2012, from Paesuerta, LP, a Texas limited partnership to Donald R. Barber, Trustee, securing the payment of a note of even date therewith · in the amount of $200,000 .00, payable to Citizens Bank, filed for record on May 10, 2012, recorded in Volume 10667, page 108 of the Official Public Records of Brazos County, Texas. 3740. Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731-8400 • FAX (979) 731-8408 Modification, Renewal and Extension Agreement of the above note and lien in instrument to be effective September 26, 2012 recorded in Volume 10953, page 39 of the Official Public Records, Brazos County, Texas, between Paesuerta, LP, a Texas limited partnership and Citizens Bank. 2. Collateral Assignment of Leases dated May 9, 2012, from Paesuerta, LP, a Texas limited partnership to Citizens Bank, recorded in Volume 10667, page 117 of the Official Public Records of Brazos County, Texas . 3. Affidavit of Non-Commencement dated May 9, 2012, executed by Paesuerta, LP , a Texas limited partnership, filed for record May 10, 2012, recorded in Volume 10667, page 121 of the Official Public Records of Brazos County, Texas. 4 . Affidavit of Commencement dated May 9, 2012, executed by Paesuerta, LP, a Texas limited partnership, filed for record May 10, 2012 , recorded in Volume 10667, page 123 of the Official Public Records of Brazos County, Texas . We find State Tax Liens, Federal Tax Liens , Abstracts of Judgment or Lis Pendens of record against the above captioned property owner as follows: None Found This certificate is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the lands under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this certificate by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. RECORDS searched to the 4 day of November, 2013, at 7:00 o'clock a .rn . AGGIELAND TITLE COMPANY 2 Aggieland Title Company SUBSEQUENT TO CER,TIFfCATE GF# 28348 PROPERTY DESCRIPTION: All that certain lot, tract, or parcel of land situated in the City of College Station , Morgan Rector League, A-46 , Brazos County, Texas, being 1.55 acres, more or less, and being comprised of approximately 0.87 acre of the Original Emerald Parkway Right of Way as shown on a Corrected Plat of Eme rald Forrest , Phase One, filed July 16 , 1981, and recorded in Volume 488 , page 593, Deed Records of Brazos County, Texas, Part of a called 300 .00 acre tract as described in a deed executed January 18, 1978, from Land Part No. 1 to Allen Swoboda, Trustee , recorded in Volume 389 , page 407, Deed Records of Brazos County, Texas, and a portion of a Right of Way conveyed to the City of College Station, by Haldec, Inc . of record in Volume 1162, page 613, Official Public Records of Brazos County, Texas , to which references are hereby made for any and all purposes . Said tract described as follows, to wit: BEGINNING at a 1/2" iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern limit of Emerald Parkway at a western northwest corner of Lot 1 of the Agency Control Records, Inc . subdivision, of record in Volume 612, page 589 , Official Public Records of Brazos County , Texas. Same being the southwestern corner of the original Emerald Parkway right of way and the southwest corner of said City of College Station Easement ; THENCE: N 01° 51' 31" W , along the eastern right of way of State Highway 6 and crossing the old Emerald Parkway right of way , passing at 110.0 feet the northwestern corner of said original right of way, continuing a total distance of 176.80 feet to a point in the intersection of said eastern right of way with the southern back of curb of the existing Emerald Parkway; THENCE in an easterly direction with the southern back of curb of the current Emerald Parkway, along the following meanders: N 68° 13' 40" E 0.89 feet to a point for bend, N 73 ° 52' 32" E 13.50 feet to a point for bend , N 80° 55' 53" E 9.64 feet to a point for bend, N 87° 17' 47" E 8.66 feet to a point for bend, S 88 ° 22' 26" E 49 .94 feet to a point for bend, S 89 ° 29' 02" E 180.20 feet to a point for bend, S 88 ° 57' 11" E 9.68 feet to a point for bend, S 87 ° 33' 46" E 9.32 feet to a point for bend, S 86° 09' 21" E 10.44 feet to a point for bend, S 85° 26' 44" E 50 .02 feet to a point for bend , S 85 ° 07' 24" E 85 .15 feet to a point for bend, S 84 ° 58' 28" E 13.61 feet to a point for bend, S 81 ° 38' 18" E, passing at 21 .2 feet the northern line of the original Emerald Park right of way , continuing a total distance of 35.49 feet to a point for bend , S 81 ° 12' 17" E 75 .23 feet to a point for bend, 3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802 Phone (979) 731 -8400 • FAX (979) 731 -8408 S 77° 24' 07'' E 31.48 feet to a point for bend, S 82° 46' 25" E 80 .98 feet to a point for bend, S 84° 54' 44" E 37.17 feet to a point for bend, S 86° 38' 39" E 39.32 feet to a point for bend, S 88° 03' 01" E 47.3g feet to a point for bend, and S 89° 41' 27" E 51 .90 feet to a point for bend, THENCE : S 00° 42' 30" E 11.96 feet, leaving said back of curb, to a 1/2" iron rod found for the northeastern corner of the aforementioned Agency Control Records, Inc. tract ; THENCE in a westerly direction with the southern right of way limit of the original Emerald Pa rkway right of way and the northern line of said Agency Control Records, Inc. tract , as follows : S ag 0 11' 40" W 32. 78 feet to a 3/8" iron rod found for a bend , N 89° 5g• 55" W 226 .06 feet to an iron rod found for the beginning of a curve to the left , Along the arc of said curve (CA= 16° 31' 01", R = 658 .98 feet , LC= S 81° 45 ' 30 " W 1ag.31 feet) at 189. 97 feet the end of said curve , S 73 ° 30' 00" W 85.00 feet to a 1/2" iron rod found for the beginning of a curve to the right , Along the arc of said curve (CA= 14° 38' 31", R = 808.38 feet , LC= S 80° 4g • 14" W 206 .02 feet) at 206 .58 feet a 1/2" iron rod found for the end of said curve, s 88° 08' 29" W 75 .01 feet (this line was used as the basis of bearings) to a 1/2' iron rod found for the beginning of a curve to the left, and In a southwesterly direction along the arc of said curve (CA= go 0 00' 00 ", R = 25 .00 feet, LC = S 43° 08' 29" W 35 .36 feet) at 3g_27 feet the POINT OF BEGINNING and containing 1.55 acres, more or less . RECORD TITLE APPEARS TO BE VESTED IN: Paesuerta LP, a Texas limited partnership THE STATE OF TEXAS )( COUNTY OF BRAZOS )( We , AGGIELAND TITLE COMPANY, hereby certify that we have carefully examined th e re cords in the Office of the County Clerk of Brazos County, Texas, and find nothing of record affecting title to the above captioned lands subsequent to June 4, 2012, EXCEPT the following : Correction D eed Without Warranty, Patsy Gayle Swoboda to Paesuerta, LP, recorded in Volume 10799, page 26 , Official Public Records of Brazos County, Texas. 2 Affidavit of Scott Eidson, recorded in Volume 11068 , page 208, Official Public Records of Brazos County, Texas . Public Utility Easement, Paesuerta, LP to City of College Station, recorded in Volume 11270, page 223 , Official Public Records of Brazos County, Texas. We find State Tax Liens, Federal Tax Liens , Abstracts of Judgment or Lis Pendens of record against the above captioned property owner as follows: None Found This certificate is prepared and delivered with the express understanding and agreement, evi denced by the acceptance hereof, that the undersigned is not rendering an opinion as to the t itle to the lands under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this certificate by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. RECORDS searched to the 28th day of October, 2013 , at 7 :00 o 'clock a.m. AGGIELAND TITLE COMPANY 3 Aggie/and Title Company GF#28348 EXAMINER'S REPORT RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN Pasuerta LP, a Texas limited partnership THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS All that certain lot, tract, or parcel of land situated in the City of College Station, Morgan Rector League, A-46, Brazos County, Texas, being 1.55 acres, more or less, and being comprised of approximately 0 .87 acre of the Original Emerald Parkway Right of Way as shown on a Corrected Plat of Emerald Forrest, Phase One, filed July 16, 1981, and recorded in Volume 488, page 593, Deed Records of Brazos County, Texas, Part of a called 300.00 acre tract as described in a deed executed January 18, 1978, from Land Part No. 1 to Allen Swoboda, Trustee, recorded in Volume 389, page 407, Deed Records of Brazos County, Texas, and a portion of a Right of Way conveyed to the City of College Station, by Haldec, Inc. ofrecord in Volume 1162, page 613, Official Public Records of Brazos County, Texas, to which references are hereby made for any and all purposes. Said tract described as follows, to wit: BEGINNING at a 1/2" iron rod found in the intersection of the eastern right of way of State Highway 6 and the southern limit of Emerald Parkway at a western northwest corner of Lot 1 of the Agency Control Records , Inc. subdivision, of record in Volume 612, page 589, Official Public Records of Brazos County, Texas. Same being the southwestern comer of the original Emerald Parkway right of way and the southwest corner of said City of College Station Easement; THENCE: N 01 ° 51' 31" W, along the eastern right of way of State Highway 6 and crossing the old Emerald Parkway right of way, passing at 110.0 feet the northwestern comer of said original right of way , continuing a total distance of 176.80 feet to a point in the intersection of said eastern right of way with the southern back of curb of the existing Emerald Parkway; THENCE in an easterly direction with the southern back of curb of the current Emerald Parkway, along the following meanders: N 68° 13' 40" E 0.89 feet to a point for bend, N 73° 52' 32" E 13.50 feet to a point for bend, N 80 ° 55' 53" E 9.64 feet to a point for bend, N 87° 17' 47" E 8.66 feet to a point for bend, S 88° 22' 26" E 49.94 feet to a point for bend, S 89° 29' 02" E 180.20 feet to a point for bend, S 88° 57' 11" E 9.68 feet to a point for bend, 3740 Copperfield Drive, Suite JOI •Bryan, Texas 77802 Phone (979) 731 -8400 • E4X (979) 731 -8408 GF# 28348 S 87° 33' 46" E 9.32 feet to a point for bend, S 86 ° 09' 21" E 10.44 feet to a point for bend, S 85° 26' 44" E 50.02 feet to a point for bend, S 85° 07' 24" E 85.15 feet to a point for bend, S 84° 58' 28" E 13.61 feetto a point for bend, S 81 ° 3 8' 18 11 E, passing at 21.2 feet the northern line of the original Emerald Park right of way, continuing a total distance of 35.49 feet to a point for bend, S 81° 12' 17" E 75.23 feetto a point for bend, S 77° 24' 07" E 31.48 feet to a point for bend, S 82 ° 46' 25" E 80.98 feet to a point for bend, S 84° 54' 44" E 37.17 feet to a point for bend, S 86° 38' 39" E 39.32 feet to a point for bend, S 88° 03' 01" E 47.39 feet to a point for bend, and S 89° 41' 27" E 51.90 feet to a point for bend, THENCE: S 00° 42' 30" E 11.96 feet, leaving said back of curb, to a 1/2" iron rod found for the northeastern corner of the aforementioned Agency Control Records, Inc. tract; THENCE in a westerly direction with the southern right of way limit of the original Emerald Parkway right of way and the no1ihem line of said Agency Control Records, Inc. tract, as follows: S 89° 11' 40" W 32 .78 feet to a 3/8" iron rod found for a bend, N 89° 59' 55" W 226.06 feet to an iron rod found for the beginning of a curve to the left, Along the arc of said curve (CA= 16° 31' 01",R=658.98 feet, LC= S 81° 45' 30" W 189 .31 feet) at 189.97 feet the end of said curve, S 73° 30' 00" W 85.00 feet to a 1/2" iron rod found for the beginning of a curve to the right, Along the arc of said curve (CA= 14° 38' 31",R=808.38 feet, LC= S 80° 49' 14" W 206.02 feet) at 206.58 feet a 1/2" iron rod found for the end of said curve, S 88° 08' 29" W 75.01 feet (this line was used as the basis of bearings) to a 1/2' iron rod found for the beginning of a curve to the left, and In a southwesterly direction along the arc of said curve (CA= 90° 00' 00", R = 25.00 feet, LC= S 43° 08' 29" W 35.36 feet) at 39.27 feet the POINT OF BEGINNING and containing 1.55 acres, more or less. AGGIELAND TITLE COMPANY Page2 GF#28348 RESTRICTIVE COVENANTS: None SCHEDULE B EXCEPTIONS a. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. b. A portion of the subject property is contained within the Original Emerald Parkway Right of Way as dedicated on the ·corrected plat of Emerald FoITest, Phase One, recorded in Volume 488, page 593, Deed Records, Brazos County, Texas. c. Right of Way Easement granted to Humble Pipe Line Company by John Krolczyk as set out in instrument dated July 22, 1919, recorded in Volume 49, page 24 of the Deed Records of Brazos County, Texas. d. Right of Way Easement granted to Humble Pipe Line Company by Leman Hall as set out in instmment dated July 21, 1919, recorded in Volume 49, page 30 of the Deed Records of Brazos County, Texas, amended in Amendment of Easement between Robert D. Martell et al and Exxon Pipe Line Co., dated December 19, 1973, recorded in Volume 325, page 247, Deed Records of Brazos County, Texas. e. Right of Way Easement granted to Humble Pipe Line Company by William Kapchinski as set out in instrument dated July 21, 1919, recorded in Volume 49, page 29 of the Deed Records of Brazos County, Texas, as amended in Amendment of Easement between Robe1t D . Martell et al and Exxon Pipe Line Co., dated December 19, 1973, recorded in Volume 325, page 247, Deed Records of Brazos County, Texas . f. Right of Way Easement granted to Humble Pipe Line Company by Frank Dobrovolny as set out in instrnment dated July 21, 1919, recorded in Volume 49, page 31 of the Deed Records of Brazos County, Texas, amended in Amendment of Easement between Robert D. Martell et al and Exxon Pipe Line Co., dated December 19, 1973, recorded in Volume 325, page 247, Deed Records of Brazos County, Texas. g. Easement granted to The City of College Station, Texas by Donald Reiser and Donald Guggenheim as set out in instrnment dated September 18, 1974, recorded in Volume 386, page 191, Deed Records of Brazos County, Texas. h. Mineral Reservation as set out in deed dated April 13, 1978 from Allen Swoboda, Trustee to Haldec, Inc., a Texas corporation, recorded in Volume 394, page 766, Deed Records of Brazos County, Texas. Title to this interest not investigated subsequent to date of said instrument. AGGIELAND TITLE COMPANY Page3 GF# 28348 I. Conveyance of mineral interest from Allen R. Swoboda, Individually and as Trustee to Sandra C. Swoboda as set forth in instrument dated January 19, 1985, recorded in Volume 763, page 161 of the Official Public Records of Brazos County, Texas . j. QuitClaim Mineral Deed executed by John J . Swoboda and Norman L. Swoboda to Allen Swoboda, dated February 16, 1993 and recorded in Volume 1756, page 231 , Official Public Records of Brazos County, Texas. Title to said interest has not been investigated subsequent to the aforesaid instrument. k. Estate created by oil, gas and mineral lease granted to Amalgamated Bonanza Petroleum, Ltd. by Allen R. Swoboda, Trustee by instrument dated April 13, 1978, recorded in Volume 31, page 396 of the Oil, Gas and Mineral Lease Records ofBrazos County, Texas, and all terms, conditions and stipulations contained therein . Title to this leas e has not been investigated subsequent to date thereof. I. Estate created by oil, gas and mineral lease granted to W & W Minerals , Inc. by Allen R. Swoboda, Trustee by instrument dated October 9, 1984, recorded in Volume 744, page 266 of the Official Public Records of Brazos County, Texas, and all terms , conditions and stipulations contained therein. Title to this lease has not been investigated subsequent to date thereof. m. Estate created by oil, gas and mineral lease granted to Central Plains Oil & Gas Corp . by Allen R. Swoboda, Trustee by instrument dated September 9, 1991 , recorded in Volume 1342, page 181 of the Official Public Records of Brazos County, Texas, and all terms, conditions and stipulations contained therein . Aforesaid lease being amended in instrument dated January 2, 1992 and recorded in Volume 1456, page 310 of the Official Public Records of Brazos County, Texas. Title to this lease has not been investigated subsequent to date thereof. n. Rights of parties in possession. AGGIELAND TITLE COMP ANY Page 4 GF# 28348 CURATIVE MATTERS a. This report does not cover matters of survey, including, but not limited to discrepancies, conflicts or shortages in area or boundary lines or any encroachments or protrusions or any overlapping improvement. .b. Standby fees, taxes and assessments have not been investigated. This report is prepared and delivered with the express understanding and agreement, evidenced by the acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under investigation herein, and while believing its construction of the records as hereinabove set out to be true and correct, still will incur no liability beyond the fee paid for this report by reason of such construction, nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for informational purposes only, exclusively for the party paying the fee. Preparation Date: Effective Date: Effective Time: June 13, 2012 June 4, 2012 07:00 am AGGIELAND TITLE COMP ANY Page 5 DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this the day of -----------· 2014 , by and between the City of College Station, a Texas Home-Rule Mun ic ipal Corporation (hereinafter referred to as "City"), and Paesuerta , LP , a Texas limited partnersh ip, owner of Lot 1A of Agency Records Control , Inc . Subdiv ision and the Paesuerta Tract (hereinafter referred to as the "Owner"). A. WHEREAS , Owner is the owner of the property described as all of Lot One-A (1A), AGENCY RECORDS CONTROL , INC . SUBDIVISION , an addition to the City of College Station , Brazos County, Texas, according to the replat thereof , recorded in Volume 4872 , Page 158 of the Offic ial Publ ic Records of Brazos County , Texas , as shown on the final p lat , a copy of which is attached hereto as Exhibit A and incorporated herein by reference for all purposes (hereinafter referred to as "Lot 1 A"); and B. WHEREAS , Owner is the owner of 1.03 acres of property adjoining Lot 1A as shown on Exhibit B, attached hereto and incorporated herein by reference for all purposes (here inafter referred to as the "Paesuerta Tract"); and C WHEREAS , Lot 1A and the Paesuerta Tract are referred to hereinafter collectively as the "Property"; and D. E. (,) WHEREAS , the Owner is proposing to divide the Property into six (6) lots : Lot 1 R, Lot 2, Lot 3, Lot 4 , and Lot 5, Block 1: and Lot 1, Block 2 of Emerald Pointe Campus, a replat of Agency Records Control Inc . Lot 1A; as shown on the Preliminary Plan , a copy of which is attached hereto as Exhibit C and in corporated here in by reference for all purposes ("Prelinii11arY'f P.lan "); and fy/µ WHEREAS , the City's Thoroughfare Plan shows Corsair Circle extending from Emerald Parkway southward through Lot 1A, to the location where Corsair Circle currently terminates as a circle or cul-de-sac (hereinafter referred to as the "Extension"); and \,\ " xr ..;.. . , ~ ~IJI.. F WHEREAS , the Extension when constructed will require the construct ion of the Extension along \ ~ f ee ass c1a e utilities (collective y t e "Extension Improvements "); and J, -----, ;J (jA) G. WHEREAS , the Owner is proposing to replat the Property in a manner consistent with the ,,.pl Preliminary Plan attached as Exhibit C , and as a part of that rep lat the Owner will dedicate the necessary right-of-way for the Extension and ; H WHEREAS, the Owner is propos ing that the construction of the Extension Improvements be delayed until a portion of the Property has been developed as herein described ; and WHEREAS , the City Council of the City hereby determines that the Extension Improvements are not necessary at the time of replatting the Property , but such Extension Improvements will be required to be constructed in accordance with the schedule set forth i n this Agreement ; and ~Jcrr-e.. J . WHEREAS .lW'OO the recording of the replat for Emerald Pointe Campus , the Owner shall provide to the City a financ ial guarantee as outlined in Section 12-8 . 7 of the City's Unified Development Ordinance to guarantee the Owner's completion of the Extension Improvements in accordance with this Agreement ; and " '1.. g ,, 0 . - K. WHEREAS , deferral of the construction of the Extension Improvements varies from t he requirements of the City's Unified Development Ord inance that require construction of road and utility infrastructure before final plat approval ; and -, '' ~>~I\ f fb( Page 1 of 11 () 1327-Development Agreement v4 L. WHEREAS , Section 12-2 .1 of the City 's Unified Development Ordinance authorizes the City Council to approve development agreements request ing deferral of specific requirements of the Subdivision Regulations ; and M. WHEREAS , this Agreement between the City and the Owner addressing the deferral of construct ion of the Extension Improvements is required before the City can approve and file for record the replat of the Property; NOW, THEREFORE , for and in consideration of the recitations above and in consideration of the promises and covenants herein expressed , the parties hereby ag ree and covenant as follows : 1. The Owner agrees that any development of the Property will be subject to review and approval of the City . In th is event , any and all relevant plans and/or proposals will be subm itted to the C ity for consideration of the need for the Extension Improvements . 2. The Owner agrees that the right of way for Corsa ir Circle as it crosses the Property w ill be dedicated upon the filing of the replat for Emerald Pointe Campus . 3. The Owne r agrees that, upon the first to occur of any of the fol lowing ("Triggering Event"), the Owner and/or its successors-in interest , heirs or assigns sha ll be obl igated to construct the Extens ion Improvements in accordance with the plans and specifications hich have been a roved in adv ce '<0 b the City and Owner. Upon the occurrence of the Triggering Event , the Owner will cause s t1on o t Ex.tan:sior:l-l r:npr.mter:nents to commeoca..witbi.n_six.ty: 60 da s thereafter , and shall {cause such construction to be completed in a J: :rci!.-Zasonable manner. ~ ~"~ ~~ a. The issuance by the City of a bui lding permit for the construction of improvements on Lot N"" \;>IJ-1\ . ~ e 1, Block 2 as described in the Pretimffiar. ; or ~~Lt v-l \\~ \ ~ The issuance by the City of bu i l ~t' ~:rmits for the construction of improvements on both 'f-f'':\ v"t-l Lot 1 R, Block 1 and Lot3 , Block 1. qy t....,, f 1, P1k z. \~~Vo \S4 . Th e Owner ag rees that upon commencement of construct ion of the Extension Improvements, such .:JJ co nstruction shall be completed in accordance w ith the then existing City codes and ordinances . If in ,,, ll'lsro· co nnection w ith the construction of the Extens ion Improvements, the City determ ines that utilities are ;Jr~ ecessary , the Owner and/or its successors-in interest, heirs or assigns shall be obligated to dedica te 1>.C . to the City the easements for the util ities as dep icted on the City's Master Utility Plan at no cost to the ~"J... ¥1.~f eel~ City , and construct , at their own expense , the utilities according to the existing City codes and "'\ ,. ordinances. '1'\ }4\ t 5. Upon the occ urrence of a Triggering Event the Owner agrees to provide an irrevocable letter of credit in substant iall y the form attached hereto as Exhibit D and incorporated herein by reference for all purposes ("Letter of Credit"), as outl ined in Section 12-8 .7 of the C ity of Co ll ege Station Unified Development Ordinance in an amount not to exceed the total amount of the costs of design and ~construction of the Extension Improvements as established by an engineer's estimate prepa redb; the Owner and approved by the City . The amount of the Letter of Credit shall be based upon the eng ineer's estimate which is prepared at the time of the Triggering Event. If app licable , the Let ter of Credit shall be renewed each year until such time as the Extension Improvements are constructed or until such time as the Extens ion is removed from the Thoroughfare Plan. The renewed Letter of Credit sha ll be submitted to the City for approval accompanied by an updated engineer's estimate and shall be for the total amount as establ ished by the new engineer's estimate . In the event that the Owner defaults and Owner fails to cure such default within thirty (30 ) days after notice of defau lt by th e City as provided in paragraph 6 below , under the terms of this Agreement , the City may draw down on the Letter of Credit. 6. All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below : 1327-Development Ag reement v4 Page 2of11 PAESUERTA , LP Attention: Scott Eidson 2429 Earl Rudder Frwy, Ste 100 College Station , TX 77845 Business Phone : (979) 693-8925 Business Fax : 979-691-1640 E-mail: scotte@suddenlink .net Mike Gentry West, Webb , Allbritton & Gentry , P.C. 1515 Emerald Plaza College Station, Texas 77845 Business Phone : (979) 694-7000 Business Fax : (979) 694-8000 E-ma il: mike .gentry@westwebblaw .com City of College Station Attention: City Attorney 1101 Texas Ave. College Station, TX 77840 Business Phone : (979) 764-3596 E-mail: Crobinson@cstx .gov 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 not ice sent certified mail, return receipt requested . 7. This Agreement shall be filed of record in the Official Records of the Brazos County C lerk , Brazos ~aunty, Texas . 8. The Owner agrees to and shall indemnify, hold harmless and defend City , its officers, agents and emp loyees , 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 Agreement. 9., The Owner , its successors-in-interest, heirs and assigns, hereby releases , relinquishes and discharges the City, its agents, officers, and employees, from all claims, demands, and causes of action of every kind and character , including the cost of defense thereof, for any loss of or damage to property (whether property of either the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with this Agreement. This release shall app ly regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10 . This Agreement has been made under and shall be governed by the laws of the State of Texas . Venue shall l ie in a court of competent jurisdiction in Brazos County, Texas . 11 . If it is determined that the City had no authority to enter into this Agreement, then the Owner agrees that it shall meet all conditions required by the City's Unified Development Ordinance and the Thoroughfare Plan or the City will not approve the final replat of the Property . If this occurs , then as to the Propertyt , each party shall be considered to be returned to the pos ition they were in before this Agreement. 12 . In the event of litigation, the non-prevailing party agrees to pay and shall pay for all of the attorney's fees , court costs and other litigat ion costs of the prevailing party. 1327-Development Agreement v4 Page 3 of 11 13 . Owner warrants that it is the on ly record owner of the Property . The parties agree that they have read the terms of this Agreement and familiarized themselves with the requirements hereunder and agree that they understand their rights and responsibilities hereunder. It is understood and ag reed that this Ag re ement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, lessees , representatives, successors , and assigns . It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements , arrangements , or understand ings between the parties relating to the subject matter. No ora l understandings, statements , promises or inducements contrary to the terms of this Agreement exist. Th is Agreement cannot be changed or terminated unless in writing and agreed by both parties . 14 . Failure of either party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision , nor in any way affect the validity of this Agreement , any part hereof, or the righ t of either party thereafter to enforce each and every prov ision hereof. 132 7-Develop me nt Agreement v4 Page 4of11 Owner PAESUERTA , LP, a Texas limited partnership By : Tipfor, LLC, a Texas limited liability company, its sole general partner By : ___________ _ Name : ~----------~ Title :------------ ST ATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on , . by Scott Eidson , President of Tipfor , LLC, a Texas limited liability company , sole general partner of Paesuerta , LP, a Texas limited partnership. Notary Public , State of Texas 132 7-Development Agreement v4 Page 5of 11 C ity OF COLLEGE STATION BY :._~~~-~-~~~-- _______ .Mayor ATT EST: _______ , City Secretary APPROVED : --------· City Manager ________ , City Attorney _______ , Chief Financial Officer ST A TE OF TEXAS COUNTY OF BRAZOS This instrument was acknow ledged before me on _ , , by -----------------' on behalf of the City of College Station . Notary Publ ic , State of Texas 132 7-Development Agreement v4 Page 6 of 11 "' "' -.J 6 (]) < (]) 0 'O 3 (]) ~ )> <D <D (]) 3 (]) ~ < .i. CoJJ ._~>11.. QT l1rJ" err -.,....,..ti'! .. -;:-~~-"('~~¥~ ;;.-~z_~-~ =.l<: =~ :-.., •':'' .,.. ... : ·· .. · .. ""'"'- EXISTLYG PLA T ......... a.('IJ .. -. -~ =---::.-··-... - ==~~·--~-=;~-._; =...~-:-- ~ ...... ' .... -... -...-,_....., SC .LL ~ ,.,, 2:)c 2.L•JO '---~~·~~--'~-·--~~~~~~~-.J REPL4T OF LOT 1 AGENCY RECOfiDS CONTROL.,.: .. I.YC. (!~1'1.~'t'! ·~,..,,~ OGl'l:C~- ·~Sl<">.?.-m<:: "'!.. '1,.f lJU-n ,. f"l.!r.1 ,.. .... ..., P1'!1lJlCf 22-02 ~ ~ \r ~ r- ~ ~ .~ I ~ m )( =t' C" ;:::;: )> "' N "" 0 Cl> < Cl> 0 " 3 Cl> ;?. )> (£) (i) Cl> 3 Cl> ;?. < .,,. "1J "' "' Cl> "' 9. I I l~ 11 i "' ,~ @f ~~~ i ~ Reooo:!s Cootrot, Inc. lot I -cacied Z'l .17.1 <0eS Vol. 612. Pge. 589 City of College Station Morgan Rector League, A-46 3 l ee end ~~ !"':::is:;"'"; -na· Ul'~ ('nSUN; .,~~ ~><.coat c.e:;::r~...r~c.o.suc ~c.L..~u< Of~S";.::nia-ct' ~r.R!.~-r. ~V-'~V,I(.\'! o::rsi.c ...,."'QI; "'(mt ~t.Qc"~Ji.Xr~W:,...,.....::U: ~n.€Slo;bl .Sl'fliU{ "-~ ~2!'~9Cl'. RCJi RCXI f(tM:) ;,.1Qv ~~~1t:a:~~ ~~daocn~;nvc ~~to,'ffWIG'Lft311i(::f'f ~~ ~~~ $(,(/' m )( :::J" C" ;:::;: \\ "! . --·-··8 ....... .. i. .• ·1 .! 1327-Deve lopment Agreement v4 Exhibit C .. ~ t z u > A. ' ' ' ,., l? . / Page 9 of 11 FROM : ISSUER : Date : TO BENEFICIARY : Exhibit D Letter of Credit IRREVOCABLE LETTER OF CREDIT City of College Station Attent ion : Dir ector of Deve lopment Serv ices 1101 Texas Avenue College Stat ion , Texas 77840 IRREVOCABLE LETTER OF CREDIT NO .------- ISSUE DATE : 12 :00 Noon Central Standard Time, ______ , 20_ EXPIRATION DATE : 1200 Noon Central Standard Time , , 20_, or upon the completion and final payment to all contractors , whichever occurs first . LOCATION OF PROJECT: AMOUNT : _____ THOUSAND _____ HUNDRED _____ AND N0/100 DOLLARS($ .00) ACCOUNT OF : ----------· (herein "DEVELOPER") GENERAL TERMS & CONDITIONS : The Issuing Bank set out above hereby leases its IRREVOCABLE LETTER OF CREDIT NO . in favor of the CITY OF COLLEGE STATION, TEXAS, in accordance w ith Chapter 5, V.T.C.A. Texas Bus iness and Commerce Code and pursuant to the Code of Ordinances of the City of College Station , Chapter 9: Subdivisions , for the Account of DEVELOPER for an amount of up to _____ _ THOUSAND HUNDRED AND N0/100 DOLLARS ($ .00). Th is amount is ava ilable by your draft(s) payable at sight when accompanied by the following : 1. Sworn Statement by a duly authorized representative of the Ci ty of College Station , Texas , stating that Developer has/have, following required notice and an opportun ity to cure , defaulted and failed to complete the performance and construction of the improvements described below in accordance with the Chapter 9 of the Code of Ordinances of the C ity of College Station , Texas , and that the proceeds from th is Letter of Cred it w ill either be ut ili zed by the City of College Station , Texas, to complete such construct ion or will be returned by the City of College Station to t he lend ing Bank . SPEC IAL TERMS & CONDITIONS : 1327-Developmen t Agreeme nt v4 Page 10of11 1. All banking fees/expenses/charges incu rred are for the account of Developer_ Th is Letter of Credit is issues in conjunction with the development of Developer in the City of College Station , Texas , specifically for the follow ing : To guarantee the payment and performance of the proposed construction improvements in --------------· a proposed addition to the City of College Station , Texas , for a period not to exceed one (1) year from the date hereof 2 . Disbursements pursuant to this Letter of Credit will never exceed the above-stated amount, less any amo unt released by the C ity of College Station , Texas . The amount of cred it under t his Letter of Credit may be reduced upon approval and acceptance by the City of College Station of completed improvements, which reduction may only be made wi t h the written authoriza ti on of the Di rector of Development Services of the City of College Station . 3 In accordance with Section 5 .1 06 of the Texas Business and Commerce Code , this Lette r of Credit may be modified , upon the execution and delivery to Issue r of a sworn statement giv ing consent to modification by the Director of Developmen t Serv ices of t he City of College Stat ion . 4 . The Issuer of this Letter of Credit has caused this Letter to be signed by the undersigned officer who has attached proof of his author ization to sign , together with attestation by Issuer's author ized attesting officer and sealed wit h the seal of Issuer. STATE OF TEXAS COUNTY OF BRAZOS § § § ISSUER : ____________ _ BY : _____________ _ Author ized Officer ATTESTED BY: __________ _ T his i nst rument was acknowledged before me on , 20_, by ----------· the authorized officer of , Issuer, a Texas Ban kin g Corporat ion, on beha lf of sa id Bank ing Corporation and in t he capacity stated . Notary Pub li c, State of Texas 1327-Development Agreement v4 Page 11 of 11 Lance Simms From: Sent: To: Cc: Subject: Lance , What are your thoughts? Thanks , Carla -----Original Message ----- Carla Robinson Wednesday , June 11 , 2014 8:36 AM Lance Simms Alan Gibbs; Jason Schubert ; Jen ifer Paz FW: Emerald Pointe Campus Development Agreement From : Mike Gentry [mailto :mike.gentry@westwebblaw.com] Sent : Wednesday, June 11, 2014 8:21 AM To : Carla Robinson Subject : Re : Emerald Pointe Campus Development Agreement Carla We are wondering if final construction documents can wait until we are about to build the road . We have prelim design and cost estimate but would like to delay final drawings. We fear that unknown changes would result in doing drawings twice . Thanks . Sent from my iPhone Mike Gentry 979-255 -3103 >On Jun 5, 2014, at 4 :05 PM , "Carla Robinson" <crobinson@cstx.gov> wrote : > >M i ke, > > Here is a red lined draft of the development agreement. The major changes are really to the timing. It is important to the city that the ROW dedication, the LOC and the design all happen at the time of replatting . Also, construct ion would need to occur at the time of any development or redevelopment of any of the property other than Lot 1R . Let me know what you think about the changes . > >Thanks, >Carla > >City of College Station >Home of Texas A&M University A® ><Development Agreement v4 CS track changes 06 03 14.docx> 1 / DEVELOPMENT AGREEMENT This Development Agreement ("Agreement") is entered into this the day of __________ _, 2014, by and between the City of College Station, a Texas Home -Rule Mun ic ipal Corporation (hereinafter referred to as "City"), and Paesuerta , LP , a Texas lim ited partnership , owner of Lot 1A of Agency Records Control, Inc . Subdiv ision and the Paesuerta Tract (he reinafter referred to as the "Owner"). ~ A. WHEREAS , Owner is the owner of the property described as all of Lot One-A (1A~, AGENCY RECORDS CONTROL , INC . SUBDIVISION , an add it ion to the City of College Station , Brazos County, Texas, according to the replat thereof, recorded in Volume 4872, Page 158 of the Official Public Records of Brazos County , Texas , as shown on the final plat , a copy of wh ich is attached hereto as Exhibit A and incorporated herein by reference for al l pu rposes (hereinafter referred to as "Lot 1A"); and B. D. E. G. I. J. WHEREAS , Owner is the owner of 1.03 acres of property adjoining Lot 1A as shown o n Exhibit B , attached hereto and incorporated herein by reference for all purposes (here inafter referred to as the "Paesuerta Tract"); and WHEREAS , Lot 1A and the Paesuerta Tract are referred to 1.. hereinafter collect ively as the "Property"; and ~(l""r \ WHEREAS , the Owne r is proposing to div ide the Property i o s ix (6) lots : Lot ~ot 2 , Lot 3, Lot 4, and Lot 5, Block 1; and Lot 1, Block 2 of Emera ld ointe Campus , a replat of Agency Records Contro l Inc. Lot 1A ; as shown on the Preliminar Plan , a copy of which is attached hereto as Exhibit C and incorporated herein by reference for all purposes ("Preliminary Ian "); and (?PpltA WHEREAS , the City 's Thoroughfare Plan shows Corsa ir Circle exte nding from Emera ld Parkway southward through Lot 1A , to the location where Corsair Circle currently term inates as a circle or cul-de-sac (hereinafter referred to as the "Extension"); and WHEREAS , the Extension when constructed will requ ire the construction of the Extens ion along with e a sociated utilities (collectively the "Extensio lmpro ements "); and · Anfl S\2€0A v U fl ld-i ~<S° OU.: \ \ \'\.U' WHEREAS , · t'reOwner is proposing to replat the Property in a manner cons istent with the Preliminary Plan attached as Exhibit C , and as a part of that replat the Owner will dedicate the necessary right-of-way for the Extens ion and ; WHEREAS , the Owner is proposing that the cons tr uction of the Extens ion Improvements be delayed until a portion of the Property has been developed as herein described ; and WHEREAS , the City Council of the City hereby determines that the Extension Improvements are not necessary at the time of replatting the Property , but such Extension Improvements will be reg_u.ir~o be co s ructed in accordance with the schedule set fqrth i n this Agreement ; and WHEREAS ,~ n th ~ record in of the re~l at for Emera ld Pointe Campus , the Owner shall provide to the City a inancia guar . t11'1mri n · n 12-.7 of the City 's Unified Development Ordinance to guarantee the Owner's completion of the Extension Improvements in accordance w ith this Ag reement; and K. WHEREAS , deferral of the construction of the Extension Improvements varies from the requirements of the City's Unified Deve lopment Ord inance that r 1Vire c971 struction of road a d uti li ty infrastructure before final plat app~~~ t~~ ~Ll1> I~ 1327-0.,o lo pmoo t Ag "omoot '' / > °'WW\ ~ (/{'Jv( tK P•g'1 of 11 / ~rrt{\ '1 /' bJ,-(\7 C) L. WHEREAS, Section 12-2 .1 of the City 's Un ified Development Ordinance authorizes the Cit y Council to approve development agreements requesting defe rral of specific requirements of the Subdiv ision Regulations ; and M. WHEREAS , this Agreement between the City and the Owner addressing the deferral of construct ion of the Extens ion Improvements is required before t he City can approve and file for record the replat of the Property ; NOW, THEREFORE , for and in considerat ion of the recitations above and in consideration of the promises and covenants herein expressed , the parties hereby agree and covenant as follows : 1. The Owne r agrees that any development of the Property will be subj ect to review and approval of the City . In thi s event, any and all re levant plans and/or proposals w ill be subm itted to the City for considerat ion of the need for the Extens ion Improvements. 2. The Owner agrees that the right of way for Corsair Circle as it crosses the Property will be dedicated upon the fil ing of the replat fo r Emerald Pointe Campus . The Owne r agrees that , upon the first to occur of any of the following ("Triggering Event"), the Owner and/or its successors-in interest, he irs or ass igns shall be obl igated to construct the Extens ion Improvements in accordance with the plans and specifications which have been approved in advance by the City and Owne r. Upon the occurrence of the Triggerin g Event , the Owner w ill cause construct ion of the Extens ion Improvements to commence with in sixty (60) days thereafter , and shall If_ cause suc h construction to be completed in a commercially reasonable manne r. t'J' a. The issuance by the City of a building permit for the construction of imp ro vements on Lot 1, Block 2 as described in the Prelim inary Plan ; or b. The issuance by the City of build ing permits for the construct ion of improvements on both Lot 1 R, Block 1 and Lot3 , Block 1. 4. The Owner agrees that upon commencement of construction of the Extension Improvements , such construction shall be completed in accordance with the then existing City codes and ord inances . If in connection with the construction of the Extension Improvements , the City determ ines that utilities are necessary , the Owner and /or its successors-in interest, heirs or ass igns shall be obligated to dedicate to the City the easements fo r t he utilit ies as depicted on the City 's Master Utility Plan at no cost to the City , and construct , at their own expense, the utilities accord in g to the existing City codes and ordinances . 5. U on t he occurrence of in Even the Owner agrees to prov ide an irrevocable letter of credi t in su s an ra y he form attached hereto as Exhibit D and incorporated herein by reference for all purposes ("Letter of Credit"), as outl ined in Section 12-8 . 7 of the C ity of College Station Unified Development Ordinance in an amount not to exceed the tota l amount of the costs of design and construction of the Extension Improvements as established by an engineer's estimate prepared by the Owner and approved by the City. The amount of the Letter of Credit shall be based upon the engineer's estimate which is prepared at the time of the Triggering Event. If app li cab le , the Letter of ~ Credit shall be renewed each year until sue · s the Extens ion Im ements are constructed!or until such time as the ensron is removed from the Thorou hfare Ian. The renewed Letter of redit sha ll e submitted to th e City or approval accompanied by an updated engineer's estimate and shall be ' fo r the total amount as established by the new engineer's estimate . In the event that the Owner defau lts and Owner fa il s to cure such default within thirty (30) days after notice of default by the City as provided in paragraph 6 below , under the terms of this Agreement , the City may draw down on the Letter of Cred it. 6 . All notices and documents required herein shall be sent and provided to the parties at the addresses and telephone numbers listed below : 1327-Developm ent Agreement v4 Pa ge 2of 11 PAESUERTA, LP Attention: Scott Eidson 2429 Earl Rudder Frwy, Ste 100 College Station , TX 77845 Business Phone: (979) 693-8925 Business Fax : 979-691-1640 E-mail : scotte@suddenlink .net Mik e Gentry West , Webb, Allbritton & Gentry , P.C. 1515 Emerald Plaza College Station , Texas 77845 Business Phone : (979) 694 -7000 Business Fax : (979) 694-8000 E-mail : mike .gentry@westwebb law .com City of College Station Attention : City Attorney ~ v?. ~ ~ 14 lPO 1101 Texas Ave. .-/I College Station, TX 77840 Business Phone : (979) 764-3596 E-mail: Crobinson@cstx.gov All notices and documents shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the Un it ed States Post Office . The parties may change addresses upon thirty (30) days' written notice sent certified mail, return receipt requested . 7. This Agreement shall be filed of record in the Official Records of the Brazos County Clerk , Brazos County , Texas . 8. The Owner 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 a ll 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 w ith this Agreement. 9. The Owner, its successo rs-in-interest , heirs and assigns , hereby releases, relinquishes and discharges the City , its agents, officers, and employees , from all claims , demands , and causes of act ion of every kind and character, including the cost of defense thereof, for any loss of or damage to property (whether property of either the parties hereto , their employees, or of third parties) that is caused by or alleged to be caused by , arising out of, or in connection with th is Agreement. This re le ase shall apply regardless of whether sa id claims, demands , and causes of act ion are covered in whole or in part by insurance . 10 . This 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 jurisd iction in Brazos County , Texas . 11 . If it is dete rmined that the City had no authority to enter into this Agreement, then the Owner agrees that it shall meet all conditions required by the City's Unified Development Ordinance and the Thoroughfare Plan or the City will not approve the final replat of the Property . If this occurs , then as to the Propertyt , each party shall be considered to be returned to the position they were in before this Ag re ement. 12 . In the event of litigation, the non-prevailing party agrees to pay and shall pay for al l of the attorney 's fees , court costs and other lit igation costs of the prevailing party . 1327-Development Agreement v4 Page 3 of 11 13. Owner warrants that it is the only record owner of the Property . The parties agree that they have read the terms of this Agreement and familiarized themselves with the requirements hereunder and agree that they understand their rights and responsibilities hereunder. It is understood and agreed that this Agreement shall be bind ing upon and shall inure to the benefit of the parties and their respective he irs, lessees, representatives , successors, and assigns. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements , arrangements, or understandings between the parties relating to the subject matter. No oral understand ings, statements , promises or inducements contrary to the terms of this Agreement exist. Th is Agreement cannot be changed or terminated unless in writing and agreed by both parties . 14 . Fa ilure of either party, at any time, to enforce a prov ision of this Agreement, shall in no way const itute a wa iver of that provision , nor in any way affect the val idity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. Executed ----------------- 1327-Development Agreement v4 Page 4 of 11 Owner PAESUERTA , LP , a Texas limited partnership By : Tipfor, LLC , a Texas limited liability company , its sole general partner By : ___________ _ Name: ----~------- Title :----'"----------- ST ATE OF TEXAS COUNTY OF BRAZOS Th is instrument was acknowledged before me on , , by Scott Eidson, President of Tipfo r, LLC , a Texas limited liability company, sole general partner of Paesuerta, LP, a Texas limited partnership . Notary Public , State of Texas 1327-Deve lopment Ag reement v4 Page 5of11 City OF COLLEGE STATION BY :,-----~------ ATTEST: -----'-----· City Secretary APPROVED: --'""'"------• City Manager -------'---' City Attorney -------· Chief Financial Officer ST ATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on_ , , by -----------------' on behalf of the City of College Station . Notary Public, State of Texas 132 7-D evelopme nt Ag reement v4 Page 6of11 ~· ... :\ i~ .... ~~~:~ \ '· EXISTING PL4T ····~ ~·--i ::: .... ---t =---~-f I I s S'.'.:t.L£ :· .,,, 2.:_;o" ~ ~ 2 • .:.:Jo REPLAT OF LOT 1 A GEN C l~ RECORDS CONTROL:,.JXC. m >< !~ ::l" 1 \r C" ;::;: i .... )> i I ! ( R I ! " ! \:i ·~ :1 I !.._ 1 ~ l i t > l . : I l i q P(/e<lCf Reo:lrd5 CooUcl. Inc. Lot I • C3l1ed 21.121 """"' Vot 6 12. Pgc. 589 City of College Station Morgan Rector League, A-46 2. f l I r I 1 I i· N ! I leaelld l .,,....,~ 3 ~~~(111111t1 h:tft.U'.'<11'1" ~~f![l.m•~~ ~~"1',..,«U"Oi!C':!::f~ ......_......_= /g('/ * I m )( ::r c: ;:::;: CD Exhibit C -----~----. I J I J I ./ :z :l .. .. "' • .., .. ,/ ,/ ·r ... -t· ' .. 1--··.·········-. . '-..... ~ .,..~. --·-~r. j;. 1· *. ~ . ". • .j ~ t ~ , ;;, l 1. ·,'·'i LJ ' . t ' ~-· '·~ I L,-........,.,.._ "'~-· I ' ·1' ! ; i 1 .. ..,,,...c ~· :'\ .. l.. . 1· ·! u i I: \ : , j ! J 1 ·"""~'"''"' ... ~ • !.· . -I r I ].,: L . , i : ! . I -j ~,: ~ ! ! ~ l ~ ~ --· ! i . '• ~Jl ' j ! i LA~-~ ·~L.~~~~-1 ' ~ \-.. --IC' 132 7-Developmen t Agreement v4 , ..J '• '• Page 9of11 FROM : ISSUER : Date: TO BENEFIC IARY : Exhibit D Letter of Credit IRREVOCABLE LETTER OF CREDIT City of Co ll ege Station Att e nt ion : Director of Deve lopment Services 1101 Texas Avenue College Stat ion , Texas 77840 IRREVOCAB LE LETTER O F CREDIT NO .------- ISSU E DATE : 12:00 Noo n Central Standard Time , ______ , 20_ EXP IRATION DATE : 1200 Noo n Centra l Standard Time , , 20_, or upon the completion and final paym e nt to all contractors , w hichever occurs first. LOCATION OF PROJECT : AMOUNT: _____ THOUSAND _____ HUNDRED _____ AND N0/100 DOLLARS($ .00) ACCOUNT OF : ----------' (herein "DEVELOPER ") GENERAL TERMS & CONDITIO NS: T he Issuing Ba nk set out above hereby leases its IRREVOCABLE LETTER OF CREDIT NO . in favor of the CITY OF COLLEGE STATION , TEXAS , in accordance wi th Chapter 5, V.T.C.A. Texas Bus iness and Commerce Code an d pursuant to the Code of Ord inances of the City of Co ll ege Stat ion, Chapter 9: Subdiv isions , fo r the Account of DEVELOPER for an amo unt of up to ----~ THOUSAND HUNDRED AND N0/100 DOLLARS ($ .00). Th is amoun t is ava ilab le by you r draft(s) payab le at sight when accompan ied by the fo ll ow ing : 1. Swo rn Statement by a duly autho rized representative of the City of College Station , Texas , stat ing that Develope r has /have , following requ ir ed notice and an opportun ity to cure , de faulted and fa ile d to complete the perfo rmance and construction of t he improvements described below in accordance with the Chapter 9 of the Code of Ordinances of the City of College Station , Texas , and tha t the proceeds from th is Letter of Credit will either be utilized by the City of College Stat ion , Texas , to complete such construct ion or will be retu rn ed by the City of Co ll ege Statio n to the le nd in g Bank . SPECIAL TERMS & CONDITIONS : 132 7-Developmen t Ag reeme nt v4 Pag e 10of 11 1. All banking fees/expenses/charges incurred are for the account of Developer. This Letter of Credit is issues in conjunction with the deve lopment of Developer in the City of College Station , Texas , spec ifically for the following : To guarantee the payment and performance of the proposed construction improvements in --------------·•a proposed addition to the City of College Station, Texas , for a period not to exceed one (1) year from the date hereof. 2 . Disbursements pursuant to this Letter of Credit will never exceed the above-stated amount, less any amount released by the City of College Station, Texas . The amount of credit under th is Letter of Credit may be reduced upon approval and acceptance by the City of College Station of completed improvements, which reduction may only be made with the written authorization of the Director of Development Services of the City of College Stat ion . 3. In accordance with Section 5 .106 of the Texas Business and Commerce Code , this Letter of Credit may be modified, upon the execution and delivery to Issuer of a sworn statement giv ing consent to modification by the Director of Development Services of the City of Co llege Station . 4 . The Issuer of this Letter of Credit has caused this Letter to be signed by the undersigned officer who has attached proof of his authorization to sign , together w ith attestation by Issuer's authorized attest ing officer and sealed with the seal of Issuer. STATE OF TEXAS COUNTY OF BRAZOS § § § ISSUER: ___________ _ BY :-------------- Authorized Officer ATIESTED BY: __________ _ T his instrument was acknowledged before me on 20_, by ~---------l the authorized officer of , Issuer, a Texas Bank ing Corporat ion , on beha lf of said Banking Corporation and in the capacity stated . Notary Pub lic , State of Texas 132 7-Deve lo pment Agreement v4 Page 11 of 11 CirY ()J C:o1.Lt:/;1,ST1\TION I fo1>1( n/l(n11 A6Af l/11i11frii~i1· FINAL PLAT APPLICATION FOR OF FICE USE ONLY CASE NO .· JA..=_lQ__,'2,."--,--__ D AT E SUBMI TTED: ()'\:I\ \p / 14 TIM E : .1~C'-'<------ STAFF: _f\~:J" _______ _ (Check one) D Minor ($7 00 ) D Amending ($700) D Final ($932 ) D Vacating ($932) ~Replat ($932 ) Is this plat in the ET J? D Yes (g] No Is this plat Commercial [8J or Residential [] MINIMUM SUBMITTAL REQUIREMENTS: ! $700-$932 Fina l Plat Application Fee (see above). ~ SEf: ~ $2 33 Waiver Request to Subdivision Regulations Fee (if applicable). $600 (minimu m) Development Permit Applicatio n I Public Infrastructure Rev iew and Inspection Fee . Fee is 1 % of acceptab le Engineer's Est imate for pub lic infras t ructure , $600 minimum (if fee is > $600 , the balance is due prior to the issuance of any plans or development perm it) . ..;f] App li cation completed in fu l l. This application fo rm provided by the City of College Station must be used and may no t be ad ju sted or altered . Please attach pages if additiona l information is provided . vlXJ Six (6) folded cop ies of plat. (A s igned mylar orig ina l must be subm itted after approval.) ~Two (2 ) cop ies of the grading , d rainage , and eros ion control pla ns with supporting drainage report . ~T w o (2 ) copies of t he Public infras t ructure plans and supporting documents (if applicable ). $ Co py of orig inal deed restrict ions/covenants for replats (if app licable). / [8J T itl e report fo r property current with in ninety (90 ) days or accompanied by a Not hing Further Cert ificate cu rrent with in ninety (90) days . The report must include appl icable info rmation such as ownership , liens , enc um brances , etc . M,>\ll s&APll\l+- IEJX Pa id tax cert ificates from C ity of College Stat ion , Brazos County and College Station l.S.D . pr<oir ~ fi\tft.3 v'(gJ T he attached Final Plat chec klist with all items c hec ked off or a bri ef exp lanation as to why they are not. NOTE: A mylar of t he approved prelim inary plan must be on file before a fina l plat applicat ion will be considered complete . If the mylar is submitted w ith the fin al plat appl icat ion, it sha ll be cons idered a su bmittal fo r the prel imina ry plan proj ect and processed and rev iewed as such . Until the mylar has been con fi rmed by staff to be cor rect , th e final plat appl ication w ill be considered inco mplete . Date of Op ti onal Preapp li cation or Sto rmwate r Ma nageme nt Conference NAME OF PROJECT Emerald Pointe Campus ------"-·· -· --·-....................................... ··-· ·-- ADDR ESS 3001 Earl R udde r F wy S SPEC IFIED LOCATIO N OF PROPOSED PLAT : ~~a sl ~~~;~~-~~6-~~~ E~e~~~-~~;k~~;-· -=~= __ ____ _ _ ·--···----·-···---····---------- AP PLIC AN T/P ROJECT MANAGER 'S INFORMAT ION (P rimary contact for t he project): Name Mi'.~~~// ~.~?!.~!!..~'. ~-~~<?_~C?_~~!!!~~.8-~tenhor~t ___ E-mail james@mitchellandmorgan.com ·-~----------~ Street Address 3204 Earl Rudder F wy S ·················-·····-· .... . .................. -·----·---···-········-·--··---·----·------------- City C?l!f!.!J_~?_~~~?.~-_ ........................ ----·--··---·-···--__ ·--State T~~~-~-__ _ __ .. Z ip Code ?.?!!~-~------······-·--·- Pho ne Nu mber 9 79-260-6963 Fax Number 979-260-3564 ·~-------- Revised 4/14 Page 1 of 9 PROPERTY OWNER 'S INFORMATION (All owners must be identified. Please attach an additional sheet for multiple owners): Name ~~~:_~-~~ L! _~9_ __ 8.C.~'.t ~~<!!_on ___ _ E-mail ~~'!_tfe@suddenlink.net Street Address ?:_~~-~--~~'f!U.?~f!!. Fwy, Ste 1oq ______ _ City College Station State Texas ------Zip Code 77 ~---······-· ·~···-· .. ·· -._ ........... . Fax Number ARCHITECT OR ENG INEER'S INFORMATION: Name Mitchell & Morgan, LLP C/O James Batenhorst E-mail }ames@mitchel/andmorgan.com -------~ ---·------- Street Address 3204 Earl Rudder Fwy S City .~:>llege ~~~t.!?.'.1-___ ··--··-··-················-···· ············--··--·--······-· State Texas Zip Code 77845 Phocie Number 979-260-6963 Fax Number 979-260-3564 . ······--····--·-···---·-.. ·-----------.. ···-··-···-··--··-----·······-····-······ Do any deed restrict ions or covenants exist for this property? ·o Yes r8:j No Is there a temporary blanket easement on th is property? If so , please provide the Volume __ N_li_Jll __ and Page No . NIA Total Acreage 17 .638 acres _____ _ Tota l No . of Lots ~--__ _ R-0-W Acreage 1.107._'!.~~~--_ Existing Use Three Commerci~l~tru ~tures & Vacant __ Proposed Use Commercial Numbe r of Lots By Zon in g District 6 I M-1 Average Acreage Of Each Residential Lot By Zoning District: 2. 755 I M-1 -·----I ·----·-··-·-····-·-· Floodpla in Acreage 9 __ _ Is there Spec ial Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? f Yes Ix No This information is necessary to help staff identify the appropriate standards to review the applicat ion and will be used to help determine if the application qualifies for vesting to a previous ordinance . Notwithstanding any assertion made , vesting is limited to that which is prov ided in Chapter 245 of the Texas Local Government Code or other applicable law. Is th is app li cation a cont inu ation of a project that has received prior City platting approval(s) and you are requesting the appl ication be reviewed under previous ordinance as applicable? Yes IX No If yes , provide information regarding the first approved application and any related subsequent appl ications (provide add itional sheets if necessary): Project Name : N/A -········-·······--------·--·------·--------------- City Project Number (if known): NIA Date I Tim eframe when submitted : N/A -----·-···-------- Revised 4/14 Page 2 of 9 e s~ent addr~ssl ~diff.<>rences b-"':"~_tlle Final P~at_a.nd Preliminary Plan (if applicable) [o ne. [guested wa~~ ro ~bd i vision regu ~tion ~nd reason for same (i f a-p-pl-ic_a_b-le.-): _____________ __,I Regarding the waiver request , expla i n how : 1. There are specia l circumstances or conditions affecting the land involved such that strict application of the subdiv ision re ulations will de rive the a lica nt of the reasonable use of his land . ----------------~ one . '---·-----------------------··-·----------------' 2 . The wa iver is necessary for the preservation and enjoyment of a substantial property right of the applicant. F 3. The granting of the waiver will not be detrimental to the public health , safety , or welfare , or injurious to other property in the area , or to the City in administering subdivision regulations . t -------. 4. The grant ing of the waiver will not have the effect of preventing the orderly subd ivision of other land in the area in accordance with the provisions of the Unified Development Ordinance . tone -- _______________ __, Fee in lieu of sidewalk construction is being requested because of the following condit ion (if app li cable): 1. tJ/ftAn alternative pedestrian way or multi-use path has been or w ill be provided outside the right-of-way; 2. f'!/lr The presence of unique or unusual topographic , vegetat ive , or other natural conditions exist so that strict adherence to the sidewalk requirements of the UDO is not physically feasible or is not in keeping w it h the purposes and goals of the UDO or the City 's comprehensive Plan ; 3. ~lrA capital improvement project is imminent that w ill include construction of the required sidewalk . Imminent shall mean the project is funded or projected to commence with in twe lve (12) months ; 4. ~fr Exist in g streets constructed to rural sect ion that are not identified on the Thoroughfare Plan with an estate I rural context; 5. ~When a sidewalk is requ ired along a street where a multi-use path is shown on the Bicycle , Pedestrian, and Greenways Master Plan ; Revised 4/14 Page 3 of 9 - • 6 . ~/Pi. The proposed development is within an older residential subdivision meeting t he criteria in Platting and Rep latting w ithin Older Res idential Subdivisions Section of the UDO ; or 7. ~/jf The proposed development contains frontage on a Freeway I Expressway as des ignated by Map 6 .6, Thoroughfare Plan -Functional Classification , in the City 's Comprehens ive Plan . Detai led explanation of condition identified above : . . - I None . NOTE : A waiver to the sidewalk requirements and fee in li eu of sidewalk construction shall not be considered at the same time by the Planning & Zoning Commiss ion . Requested Oversize Part icipation __ No ~--- Total Linear Footage of Proposed Public: NIA_ streets NIA Sidewalks _NI~--Sanitary Sewer Lines NIA Water Lines NIA Channels NIA Storm Sewers NIA Bike Lanes I Paths Parkland Dedication due prior to filing the Final Plat: ACREAGE : NIA No . of acres to be dedicated + $ NIA development fee -·····------- NIA No. of acres in floodplain NIA No . of acres in detention _N_IA_ No . of acres in greenways OR FEE IN LIEU OF LAND : NIA No. of SF Dwelling Units X $ NIA = $ NIA NIA (date) Approved by Parks & Recreation Advisory Board NOTE: DIGITAL COPY OF PLAT MUST BE SUBMITTED PRIOR TO FILING. The applicant has prepared this application and certifies that the facts stated here in and exhibits attached hereto are true , correct, and comp lete . IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company 's representative to sign the application on its behalf. LIEN HOLD ERS iden tified in the title report are also con sidered owners and the appropriate signatures must be provided as described above . Si gp atUte and t it le // Re vised 4114 /~ ·-( :;..' l ,,,;t /r/fr/1 ,!_ (, (_. (;N-t~·J /tV/41/l. Date P age 4 of 9 DATE: TO : FROM : CITY OF C OL.L EGE STATfON Home a/Texas A&M University • MEMORANDUM ~ April 21 , 2014 James Batenhorst , Mitchell & Morgan LLP , via ; james@m itchellandmorgan.com/ Jenifer Paz , Staff Planner SUBJECT: EMERALD POINTE CAMPUS (FPCM) Thank you for the submittal of your FINAL PLAT -COMMERCIAL application. Erika Bridges , Graduate Civil Engineer, and I have been assigned to review this project. It is anticipated that the review will be completed and any staff comments returned to you on or before Monday , May 5, 2014 . If you have questions in the meantime , please feel free to contact us . PC : Scott Eidson , Paesuerta LP , via ; scotte@sudden li nk .net / P&DS Project No . 14-00900102 Planning & Development Services P.O. HOX 9%0 • l LOL TEXAS AVENUE · COLLE.GE STATION ·T EXAS · 77842 T EI.. 97 9 .7 6 4.3570 ·FAX. 97 9.764.54% EMERALD POINTE CAM PUS DEVELOPMENT REVIEW Case: 14 -102 REPLAT GS Zoning Districts. R E RS GS R-18 D T Rural E state Res Ir icte-d Sub ur ban General S ubusban Sing le Fa m il y Resi::!.e ntial Dupls< Tow nhouse .... R-4 R-6 MHP 0 SC GC Cl BP DEVELOPMENT REVIEW / Multi-Fam liy High Density Multi-Fami ly Manufa ctu ed Home Par O ffic e Suburb-s.n Commercial General Commercial Ccmmercis.~l ndustria l Business Par ~ BPI t-tAP C-3 M-1 M -2 C -U R& D P-ML!O B us i ness Par Industrial t atural Areas Protected Light Commercial Light Industrial Heav y I ndustria l Co ll=:ge and University Resear cli a nd De.v-elopment P ls nne.O M ixe-d-LJse Deve lopment EMERALD POINTE CAMPUS Case : 14 -1 02 PDD W PC t G -1 t G -2 r G -3 ov ROD KO Pla nne-0 DfM?lopment District foll Pen C r eelc Dev. Corr idos C or e North.gate Tr ansitions.I N or thgate Residential r or th.gate Corr idor O ot e 1lay Redev·elof)ment Ois.trict Kte<n Ta p O v e r lay REPLAT Jenifer Paz From: ., ' Crystal Derkowski Sent: To: Monday, April 28 , 2014 11 :15 AM Jenifer Paz ; Erika Bridges Subject: FW: Comments regarding New Development 21-April -2014 Follow Up Flag: Flag Status: Follow up Flagged He is referring to p roject 14 -0090 0 102 Cryfftd Ver/cow;lct/ Staff Assistant City of Co llege Station P l anning and Development Services 979 .764 .6361 Phone 979 .764.3496 Fax Crn· or CouJ:GE STAT !o . H""'' ofTaAJ ACM Un;,,.,,;ry• From: Mark McAuliffe Sent: Monday, April 28, 2014 11:12 AM To: Crystal Derkowski Cc: Ashley A. Dorsett Subject: Comments regard ing New Development 21-April-2014 14-900103 - The replat does not include a parcel adjoining the proposed Corsair right-of-way . The City acquired a 0 .009 acre tract from Steve & Cathy Duncan on 27 March 2008 (recorded in vol 8509 /pg 176). Ma r k McAuliffe, Land Agent 979/764-6272 * 979/229 -3405 (Cell) 1 Jenifer Paz From: Sent: To: Subject: Follow Up Flag: Flag Status: Crystal Derkowski Monday , April 28 , 2014 8:38 AM Jenifer Paz ; Erika Bridges FW: New CS P&DS Projects Follow up Flagged Cry;t-al Verkowcfkt/ Staff Assi stan t City of College Station P l a n ning a nd D evel op m e n t Services 97 9 .764 .63 61 P hone 97 9 .764.3496 Fax Crn· OF Cor JJ ~GE STAT I< >N Hotnt of Tr.us A&M U"irmiry· From: Doug Marino [mailto:Douq.Marino@txdot.gov] Sent: Saturday, April 26, 2014 2:42 PM To: Crystal Derkowski Cc: Rehan Bhatti Subject: RE: New CS P&DS Projects Crystal, For Emerald Point Campus , the driveway to SH 6 EFR in the location shown on the plat is in an acceptable location and we are agreeable with the PAEs shown to the adjacent parcels. When the driveway installation is desired by the owner/developer, a right turn, deceleration lane to the driveway will be required as a part of receiving an approved driveway permit. No other driveways from this subdivision to the SH 6 EFR will be allowed . Doug Doug J. Marino, P.E. District Planning Engineer TxDOT -Bryan District 2591 N. Earl Rudder Freeway Bryan , TX 77803 -5190 Offi ce : (979) 778 -9635 Doug .Marino@txdot.gov From: Crystal Derkowski [mailto :cderkowski@cstx.gov] Sent: Monday, April 21, 2014 4:56 PM To: Alan Gibbs; Alan Munger; Brenda Retzlaff; Bridgette George; Carla Robinson; Carol Cotter; Chad Bohne; Crystal 1 Derkowski; Dan Augsburger; Danielle Singh; Doug Marino; Eric Dotson; Eric Horton; Erika Bridges; Fred Surovik; Gary Arnold; Gary Burkhalter; Gilbert Martinez; Jason Schubert; Jenifer Paz; Jennifer Prochazka; Jerry Duffey; Josh Norton; Kristen Hejny; Lance Simms; Luis Cisneros; Mark Poage; Molly Hitchcock; Morgan Hester; Raymond Olson; Rehan Bhatti; Richard Wallace; Roberta Cross; Ronnie Horcica; Samuel D. Weida; Stephen A. Maldonado Jr.; Stephen Maldonado; Stephen Smith; Teresa Rogers; Tony Michalsky; Venessa Garza; Wally Urrutia; Weldon Davis Subject: New CS P&DS Projects Good Afternoon! The following are new projects that need to be reviewed and comments returned: Comments due by April 28, 2014 The Domain at Northgate Block 11, Lots 1-22 (14-900066): 303 First Street; A Site Plan for a multi-family dwelling on approximately 3 acres. Emerald Pointe Campus (14-900102): 3001 Earl Rudder Freeway South; A Final Plat for 6 commercial lots. Click on the following link to access the drawings : http : 11 cstx.gov /lndex.aspx?page=2313 Please let me know if you have any problems opening the link above. Thank you! CryJt-al Verlco-w;lci/ Staff Assistant City of College Station Planning and Devel opment Services 979.764 .6361 Phone 979.764 .3496 Fax CrrY or-Co1JJ:GESTATION Ho"'' ~f Tnas AcM I Unitvnity' City of College Station Home of Texas A&M University® Don't mess with Texas ® means don't litter. 2 Scale : 1 Inch = 300 Feet Area: 17 .60 8 Acres (767,020 .2 0 Square Feet) 14-102 REPLAT EMERALD POINTE CAMPUS BLOCK 1&2 LOT lR-5 &LOT 1 ACRES 17.638 Area : 17.60 8 Acres (767 ,020.20 Square Feet) Perimeter: 3861.16 Feet Gap = 3 .396 rNorth 44 ° 37' 27" West) Yi: S89 °29 '49 "E 0 z WO V> 0 • V> -D -.,. --"' 226.23 ' DOES NOT CLOSE 4-22-2014 BR 6. N88 °40 '04"W 541.61' 5. N88 °40'04"W 253.07' 1. S42°35'48"W 399 .08' 2 . N47°33 '16"W 291.40' 3. N88°40'04"W 48.64' 4 . N88°40'04"W 77.09' 5. N88°40'04"W 253.07' 6. N88 °40'04"W 541.61' 7. N00 °13'52"E 186 .39' 8. N00 °13'52"E 109 .90' 9. N01 °51'3l"W 10.48' 10. N01 °51'3l"W 315 .94' GAP error cannot be greate r than 0 .10 (S ee SOP for Exceptions) 11 . N67 °15 '15"E 52 .26' 12 . S89 °29'49"E 226 .23' 13 . S85 °27'3l"E 125 .92' 14 . S85 °27'3l"E 14 .14' 15. S81 °45'15"E 181.37' 16 . S89 °52'06"E 163 .79' 17 . S89 °52'06"E 44 .24' 18 . S87 °53'30"E 32 .78' 19. S47 °47'10"E 786.83'