HomeMy WebLinkAboutMemoCITY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
August 18, 2004
TO: Stewart Kling
David Scarmardo
FROM: Jennifer Prochazka, Staff Planner
SUBJECT: Building Plot Determination and Allowed Signage for The
Henton - Lincoln Subdivision and the Putz -Meyer Property
I am providing this memo to you as a summary of the discussion in our meeting
on Tuesday, August 17, 2004 regarding the allowed signage for the proposed
retail center. The Henton - Lincoln Subdivision and the Putz -Meyer property, as
configured in the attached document, have been determined to consist of three
separate and distinct building plots for the purposes of signage. These building
plots have been determined using the criteria in Section 7.1.G of the Unified
Development Ordinance (UDO).
Building Plot or Premises
A building plot, as defined by the UDO, consists of all of the land within a project,
whether one or more lots, developed according to a common plan or design for
similar or compatible uses, that may have shared access or parking, and that
singularly or in phases is treated as such for site plan review purposes.
Size of Freestanding signs
Each building plot with more than 150 feet of frontage shall be allowed to use
one Freestanding Commercial Sign or any number of Low Profile Signs as long
as there is a minimum separation between Low Profile Signs of 150 feet.
The size of the freestanding sign is based on the following chart (frontage is
separate for each building plot):
Home of Texas A &M University
Using this chart, and the frontages provided by you, the following freestanding
signs would be permitted:
Building plot #1 would be allowed one 300 sq. ft. freestanding sign
(Per previous written agreement on March 6, 2004 allowing 300 sq. ft.)
Building plot #2 would be allowed one 300 sq. ft. freestanding sign
Building plot #3 would be allowed one 250 sq. ft. freestanding sign
Opportunity for "Extra" signage for Pad sites:
Any site defined as a single building plot, and containing one or more pad sites,
shall be permitted to erect a Freestanding Commercial Sign in accordance with
Section 7.4.M, Freestanding Commercial Signs, and to the standards of Section,
7.4.M.1.a, Allowable Area, with the maximum area not to exceed 200 square
feet. In addition, each pad site will be permitted to erect one Low Profile Sign per
to the restrictions of 7.41, Sign Standards.
pad site according
The UDO defines a pad site as the portion of a building plot that is located on the
periphery of the site and has at least 75 feet of frontage on a public street
classified as a collector or greater on the Thoroughfare Plan. A pad site contains
a stand alone, single tenant structure and meets all site plan requirements within
the pad site area. The total area of all pad sites within a defined building plot
may not be more than 1/3 of the total area of the building plot.
Home of Texas A &M University
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ECONOMIC DEVELOPMENT, DRAINAGE AND CORRIDOR BEAUTIFICATION
PARTICIPATION AGREEMENT BETWEEN THE
CITY OF COLLEGE STATION AND
SAHARA REALTY GROUP LTD.
This Agreement is entered into by and between the CITY OF COLLEGE STATION,
TEXAS, a home -rule municipal corporation organized under the laws of Texas (hereinafter
referred to as "CITY "), and SAHARA REALTY GROUP LTD, a Texas Corporation (hereinafter
referred to as "DEVELOPER ").
WHEREAS, CITY is authorized and empowered under applicable Texas law to aid in the
development of commercial enterprises within the geographic boundaries of the CITY by
offering economic and other incentives to prospective new, developing, and expanding
businesses; and
WHEREAS, DEVELOPER is developing property located within College Station for use
as a retail commercial site in a designated Gateway Corridor in the city; and
WHEREAS, CITY provides cash incentives for use in attracting new retail businesses
and expanding existing retail businesses to and within the CITY that are qualified economic
development prospects; and
WHEREAS, CITY considers DEVELOPER to be a qualified economic development
prospect that will add capital investment, generate sales tax, and create new jobs in the
community; and
WHEREAS, DEVELOPER is over sizing its on -site drainage facility to accommodate
regional detention, converting the detention facility to a retention facility and adding additional
site improvements to the facility to beautify the facility for the City's Gateway;
NOW, THEREFORE, for and in consideration of the premises and mutual covenants and
promises hereinafter set forth, the Parties represent and agree as follows:
1. Definitions
For the purposes of this Agreement, when not inconsistent with the context, words, used
in the present tense include the future tense, words in the plural include the singular, and words
in the singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. Words not defined in this Agreement shall be given their common and ordinary
meaning.
1.1 Approved Plans means the site plans, specifications, elevations, architectural
fagade, drainage detention improvements and site work meet the requirements of this Economic
Development Grant Agreement, the City of College Station Codes and Ordinances and any other
applicable laws and has been reviewed and approved by the City of College Station Planning
Department and Economic Development Department.
1.2. Certificate of Acceptance: A certificate issued by the City Engineer stating that
the construction conforms to the plans, specifications and standards contained in or referred in
CHAPTER 9 OF THE CITY OF COLLEGE STATION CODE OF ORDINANCES.
1.3 Certificate of Completion/Compliance: As defined in SECTION 1702 of the
INTERNATIONAL BUILDING CODE, 2003 EDITION or as subsequently amended or modified. A
certificate stating that work was done in compliance with approved construction
documents /Approved Plans.
1.4 Certificate of Occupancy: A certificate issued by the Building Official pursuant
SECTION 110 OF THE INTERNATIONAL BUILDING CODE, 2003 EDITION as adopted and amended by
the City Council of the City of College Station.
1.5 Drainage Improvements: the upgrade of a on -site drainage detention facility
from one meeting CITY of College Station Codes and Ordinances servicing the Project to a
regional drainage retention facility serving the Project and a tract adjoining to the west, at a total
facility cost of not less than $1,000,000.00 (excluding land costs), together with related site work,
landscaping, hardscape and other amenities and improvements as depicted in Exhibit "A ". The
Drainage Improvements shall include fountains, water falls, plaza areas, seating, and landscaping
and shall be substantially in accordance with the conceptual elevations and site plan as depicted
and described in Exhibits "A" and "B "; the plans and specifications to be approved by CITY and
filed at the City of College Station Development Services Department.
1.6 Economic and Drainage Participation: Consist of the following:
1.6.1 Cash Economic and Beautification Participation: An amount not to
exceed $561,379.56 (includes interest and bank fees).
1.6.2 Infrastructure Participation:
One (1) traffic signal installed at the intersection of the main entrance (most
westerly entrance) of the Project and University Drive. The signal will be
installed by City within a reasonable time after a comprehensive investigation of
traffic conditions and physical characteristics of the location is done to determine
the necessity for a signal installation and to furnish necessary data for the proper
design and operation of a signal that is found to be warranted by the Texas
Department of Transportation, Bryan District Office in accordance with the
requirements in Section 4C of the most current edition of the TExAS MANUAL ON
Page 2
UNIFORM TRAFFIC CONTROL DEVICES in effect at the time the warrant study is
conducted. Within 30 days of receipt of an engineer's cost estimate,
DEVELOPER shall pay to CITY 25 % of the total estimate. Within 45 days of
completion of installation of the signal, DEVELOPER shall pay to CITY the
balance of the actual cost of materials and installation for the signal not to exceed
50% of the total actual cost. CITY shall provide DEVELOPER documentation of
actual cost.
One (1) traffic signal arm installed at the intersection of Tarrow Drive and
University Drive to be installed on or before January 31, 2006.
1.6.3 Drainage Participation: A cash amount of $210,000.00.
1.7 Effective Date: This Agreement will be effective when signed by the last party
whose signing makes the Agreement fully executed.
1.8 Final Completion. means that all the work on the Project has been completed in
accordance with the Approved Plans, all payments to materialmen and subcontractors have been
made, all documentation, and all closeout documents have been executed and approved by the
DEVELOPER, Certificates of Occupancy for Phase I, Certificates of Completion and Acceptance
have been issued for the Project, all Reports have been submitted and Reporting Requirements
have been met, and DEVELOPER has fully performed any other requirements contained herein.
1.9 Project Concept and Use: The University Town Center is Property being
developed as a retail commercial center on a 17.73 acre site owned by the DEVELOPER which
includes retail shops and retail restaurants arranged around a water feature with outdoor facilities,
landscaping, amenities and seating. The Project is more fully described in the site plan (Exhibit
"B "), and elevations (Exhibit "C "), the Approved Plans, and this Agreement.
1.10 Project: The Project consists of the Property and the improvements currently
under construction and owned by DEVELOPER, including various retail and restaurant uses. The
Project is described in the Approved Plans. The Project known as University Town Center will
be located on the Property. The capital investment and square footage of the premises is
described in Article 3 herein below.
1.11 Property means an approximate 17.73 -acre site more fully depicted and described
in Exhibit "B" attached hereto and incorporated herein.
1.12 Restaurant as defined in CHAPTER 11 OF THE CITY OF COLLEGE STATION UNIFIED
DEVELOPMENT ORDINANCE.
1.12a Casual Dining means a Restaurant with a market segment between Fast Food and
Fine Dining restaurants usually characterized by table service, a relatively fully- stocked and full
service bar, and a bill per dinner averaging $10 - $30 for an evening meal and slightly less for
lunch and does not provide drive thru service.
Page 3
a. $210,000 on or by January 31, 2006
b. $187,126.52 on or by January 31, 2007
C. $187,126.52 on or by January 31, 2008
d. $117,126.52 on or by January 31, 2009
Upon receipt of Certificate of Occupancy for all buildings in Phase I, and Certificates of
Completion for all buildings in Phases II and III, City shall make final payment of the
$70,000.
Page 6
3. DEVELOPER'S Obligations and Representations
3.1 Capital Investment
3.1.1 DEVELOPER shall:
(a) construct the retail spaces and restaurants in conformity with the schedule
in Exhibit "D ";
(b) secure a minimum of three (3) Casual or Fine Dining restaurants as
depicted in Exhibit "B ", excluding Fast Food and Drive- in/Take Out
establishments which will be clustered around and located directly
adjacent to the Drainage Improvements as depicted in Exhibits "A" and
"
(c) Design, construct and complete the Project in accordance with the
schedule and requirements in Section 2.1.5 and all other requirements
herein
(d) receive a Certificate of Completion for the Drainage Facility by June, 30,
2006;
(e) own and maintain the Drainage Facility.
(f) use an alternate fagade, elevations, color scheme, and site plan for the
Retail and Restaurant Space, which is conceptually depicted in Exhibits
"C" and "B" attached hereto and incorporated herein by reference.
3.1.2 DEVELOPER shall apply for and obtain Building Permits and commence
construction of the retail and restaurant developments listed above in accordance
with the schedule attached as Exhibit "D ".
3.1.3 DEVELOPER shall increase the appraised value, as determined and
certified by the Brazos County Appraisal District, of the Property in by a
minimum of $10,800,000.00 through capital investment and development of the
Project.
3.3 Maintenance of upgraded Drainage Facility
3.3.1 DEVELOPER its successors -in- interest, assignees and lessees warrants
that all drainage retention facilities and related improvements will be maintained in
accordance with this Agreement and the Approved Plans and standards attached hereto or
on file with the City of College Station and all applicable laws or regulations.
3.3.2 DEVELOPER agrees to afford 3' party beneficiary status to the CITY in
its covenants, conditions and restrictions filed on the Property for the Drainage
Improvements detailed in this Agreement and maintenance of the common areas.
Page 7
4. Term
The term of this Agreement is from the date of execution of this Agreement through
December 31, 2015.
5. Reporting Requirements
5.1. Reports
5.1.1 DEVELOPER shall:
(a) Provide an engineer's sealed, detailed cost estimates for the
Drainage Facility constructed to the City by January 31, 2006.
(b) Within sixty (60) days of Final Completion of the improvements
specified in this Section 3, DEVELOPER shall provide a notarized affidavit
stating that all bills for labor, materials, and incidentals incurred have been paid in
full, that any claims from manufacturers, materialmen, and subcontractors have
been released, and that there are no claims pending of which the DEVELOPER
has been notified.
(c) Provide a complete itemized sworn statement of the construction
account for the Drainage facility, certified by the DEVELOPER and his contractor
as correct for review in order to demonstrate that total cost of Drainage facility
meet or exceed $1,000,000.
(d) All submittals in this Section shall be to the Director of Economic
Development or her designee.
5.1.2 DEVELOPER shall submit to the CITY any and all information or reports
requested to verify the expenditures submitted for participation payment eligibility
including but not limited to bid documents, payment applications including any
supporting information, cancelled checks, copies of construction and engineering
documents, as determined by the City Engineer in his sole discretion, for the verification
of the cost of the Drainage Improvements. The submission of these reports and
information shall be the responsibility of DEVELOPER and shall be certified by
DEVELOPER's Licensed Professional Engineer at DEVELOPER's expense and signed
by the President or general partner.
5.1.3 DEVELOPER shall submit the information and/or reports required herein
on or before the day that is sixty (60) days after the earlier of (i) the date of issuance of
the Certificate of Completion, or Certificate of Occupancy; or (ii) the date on which they
are requested by the CITY for Final Completion of the Project. No final payment will be
issued until Final Completion and reporting requirements have been met.
Page 8
5.2 City shall verify with the Brazos County Appraisal District that the appraised value of the
Improvements meets the requirements in Section 5.1upon Final Completion
6. Compliance with Applicable Laws
DEVELOPER will construct the Project and remain in compliance with all applicable
laws, rules and regulations including without limitation, all applicable environmental
laws, rules and regulations during the term of this Agreement.
7. Default
7.1 DEVELOPER Default
7. 1.1 If DEVELOPER defaults in any material term or condition of this
Agreement, then CITY shall not disburse the participation funds specified under this
Participation Agreement unless DEVELOPER cures the default promptly but not more
than thirty (30) days after the occurrence of said default, unless such cure will reasonably
take more than thirty (30) days, in which case the City shall approve additional time to
cure the default upon submission of a plan and schedule to promptly cure the default
within a reasonable time, and provided the party commences the cure within the thirty
(30) day period and completes the work in accordance with the revised schedule. In no
event shall this Section 7 be construed to extend the time of this Agreement beyond the
term specified in this Agreement and the parties acknowledge and agree that a default
shall not extend the time for performance or cure beyond the end of the term specified in
Section 4.
7.1.2 A material breach by DEVELOPER consists of, but is not limited to, any
of the following individual or cumulative events: failure to construct and obtain Final
Completion of any of the (3) retail restaurants schedule at the Proiect site in accordance
with Section 2.1.5-, failure of DEVELOPER to construct the Drainage Facility; failure of
DEVELOPER to comply with all laws codes and ordinances relating to the Project;
failure of DEVELOPER to meet the requirements for the receipt of a Certificate of
Completion for the retail spaces and restaurants on or before the dates scheduled in 2.1.5;
failure to obtain a Certificate of Occupancy for the Project when scheduled; failure of
DEVELOPER to obtain Final Completion of retail space available for lease on or before
the dates specified in Section 2 1 5 failure to obtain a Certificate of Completion for the
Drainage Facility; submittal of any cost information that DEVELOPER knows or should
know is incorrect at the time of its submittal or to correct any information that changes
subsequent to its submittal; failure to obtain building_ permits as scheduled; any material
misrepresentation of fact concerning the subject matter of this Agreement.
Page 9
7.1.3 Except as otherwise provided in this Section 7, in the event DEVELOPER
fails to cure any default under this Agreement within the notice and cure periods set forth
in Section 7.1.1 hereof, then CITY's shall withhold payment of the Cash Participation
and installation of traffic signals. Additionally, DEVELOPER shall repay to CITY any
participation payment or portion thereof received from CITY and may terminate this
Agreement without any liability therefor. In no event shall either party be liable to the
other party for any consequential damages as a result of any breach or default under this
Agreement.
7.2 CITY Default
In the event that CITY materially breaches its obligation to participate and
DEVELOPER is not in default, DEVELOPER, at its option, may terminate this
Agreement, and may thereafter pursue its remedies available at law. In no event shall
City be liable to DEVELOPER, any retail business, or any restaurant for any
consequential damages as a result of any breach or default under this Agreement. If
DEVELOPER is in default, DEVELOPER may only terminate this Agreement without
further liability.
Page 10
8. Indemnity
DEVELOPER agrees to and shall indemnify and hold harmless and defend CITY,
its officers, agents, and employees from and against any and all claims, losses, damages,
causes of action, suits, and liability of every kind, including all reasonable expenses of
litigation, court costs, and reasonable attorney's fees, for injury to or death of any person,
for damage to any property, or its failure to abide by all applicable environmental laws,
rules and regulations arising out of or in connection with DEVELOPER's operation and
construction of improvements contemplated by this Agreement either on DEVELOPER's
site, retail space site, or restaurant's business' site, except to the extent any of the foregoing
is caused by the negligence or willful misconduct of CITY, its officers, agents and/or
employees.
9. Release
DEVELOPER, its successors -in- interest, assignees and lessees release, relinquish
and discharge the CITY, its officers, agents, and employees from all claims, demands, and
causes of action of every kind and character, including the cost of defense thereof, for any
injury to or death of, any person (whether they be either of the parties hereto, their
employees or other third parties) and any loss of or damage to property (whether property
of either of the parties hereto, their employees, or of third parties) or failure to abide by all
applicable environmental laws, rules and regulations that is caused by or alleged to be
caused by, arising out of, or in connection with the Project and the operation and
construction of their respective improvements contemplated by this Agreement.
By entering in to this Agreement, the City does not consent to suit, waive its
governmental immunity or the limitations as to damages contained in the Texas Tort
Claims Act.
10. Assignment
During the term of this agreement, this Agreement may not be assigned by DEVELOPER
without thirty (30) days advance notice to and the consent of the CITY and provided that the
assignee expressly agrees in writing to assume the obligations under this Agreement.
11. Invalidity
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by
a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the parties.
12. Written Notice
Page 11
All notices required by this Agreement (i) shall be in writing, (ii) shall be addressed to the
parties as set forth below unless notified in writing of a change in address, and (iii) shall be
deemed to have been delivered either when personally delivered or, if sent by mail, in which
event it shall be sent by registered or certified mail, return receipt requested, three (3) business
days after mailing. The addresses of the parties are as follows:
To DEVELOPER: SAHARA REALTY GROUP LTD
Capital Realty Partners LL.C, General Partner
Attn: David Scarmardo, Manager
P.O. Box 4508
Bryan, Texas 77805 -4508
with a copy to: The Ellison Firm
Attn: Charles Ellison, Esq.
P.O. Box 10103
College Station, TX 77845 -0103
(979) 696 -9889
(979) 693- 8819(fax)
To CITY: City of College Station
Attn: Economic Development Director
P.O. Box 9960
College Station, Texas 77842
With a copy to: City of College Station
Attention: City Attorney
1101 Texas Avenue
College Station, TX 77842
13. Entire Agreement
It is understood that this Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements, or understandings, written or oral,
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 orally. No verbal agreement or conversation with any officer, agent or employee of
the CITY, either before or after the execution of this Agreement, shall affect or modify any of the
terms or obligations hereunder.
14. Amendment
Page 12
No amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of CITY and DEVELOPER.
15. Texas Law
This Agreement has been made under and shall be governed by the laws of the State of
Texas.
16. Place of Performance
Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
17. Authority to Contract
Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby represent
that they have authorization to sign on behalf of their respective corporations
18. Waiver
Failure of any 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 the party thereafter to enforce each and every provision hereof. No
term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in
writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of
a breach will not constitute consent to or waiver of or excuse of any other different or subsequent
breach.
19. Representation
DEVELOPER represents and warrants that no member of the College Station City
Council has an interest in the Property, and that the same are not owned or leased by any member
of the College Station City Council. DEVELOPER further represents and warrants that no
member of the College Station City Council is under contract either directly or indirectly with
DEVELOPER, or their respective agents, contractors or subcontractors. This representation and
warranty shall be in effect for the full term of this Agreement.
20. Construction
The parties acknowledge that each party and its counsel have reviewed and revised this
Contract and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Contract or
any amendments or exhibits hereto.
Page 13
SAIJARARE 7 GROU TD.
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4 �4
Capital Rea rty LL. .
David W. carmardo, Manager
Date , 29- 05"
CITY OF COLLEGE STATION, TEXAS
RON SILVIA, Mayor
Date:
ATTEST:
Connie Hooks, City Secretary
Date:
APPROVED:
Glenn Brown,
Interim City Manager
Date:
Jeff Kersten, Director of Finance
and Strategic Planning
Date:
City Attorney
Date:
Page 14
THE STATE OF §
COUNTY OF 13647,05 §
CORPORATE ACKNOWLEDGMENT
Before me, the undersigned authority, on this day personally appeared I q u is 11. -
ScAr rgc 1 d as so (e /Oct 4 it A f of Capital Realty Partners
LL.C. , a Texas Limited Liability Corporation, and known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office on this the c� ! /( of 5V /eM hem 2005.
.rRy pG aw„y /`
�2a��••,Se��; CHARLESAELLISON
f NOTARY PUBLIC qNary Public in and for the
'N{ ` J State of Texas
t•9TF ...� }�:
or Comm. Exp. 03 -26 -2009 State of Texas
THE STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
Before me, the undersigned authority, on this day personally appeared , as
of the CITY OF COLLEGE STATION, a Texas home rule municipal
corporation, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office on this the of
2005.
Notary Public in and for the
State of Texas
Page 15
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EXHIBIT "D"
Buildinst Permit is Obtained in Capital Investment and Improvements
Phase I 10,000 s.f. of retail and restaurant
$1,100,000
Phase I 5,700 s.f. of casual and/or fine dining restaurant
$1,500,000
Phase I 7,500 to 8,200 s.f. of casual and/or fine dining restaurant
$1,800,000
Phase I 6,500 s.f. of retail and restaurants
$ 800,000
Phase I 6,200 s.f. of casual and/or fine dining restaurant
$1,500,000
Phase I 11,000 s.f. retail and casual and/or fine dining restaurant
$1,300,000
Phase II 25,000 sf of retail and restaurants
$2,500,000
Phase III 31,000 s.f. retail and restaurants
$3,100,000