Development Agreement

This document establishes our ability to develop and maintain the public spaces of our neighborhood, i.e. the borders of our neighborhood along Rock Prairie Road and Victoria Ave.

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STATE OF TEXAS 
COUNTY OF BRAZOS

DEVELOPMENT AGREEMENT

This Agreement is entered into this ____ day of _________, 1991, by and between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation (hereinafter “CITY”), And William’s Court Homeowners Association, Inc., a Texas Non-Profit Corporation (hereinafter “William’s Court”).

WHEREAS, William’s Court wishes to beautify the Rock Prairie Road Corridor and enhance the William’s Court and William’s Estates neighborhood area and requests permission to landscape certain property located as generally indicated on the attached Exhibit A, consisting of approximately two thousand one hundred (2,100) linear feet on the southeast side of Rock Prairie Road nearly seven hundred (700) linear feet on the northeast side of Victoria Avenue within the public right-of-way, as platted in the Westchester Park Subdivision Phase I map filed in volume 1054, Pages 373-373C of the Official Records of Brazos County, Texas; and

WHEREAS, William’s Court desires to install the landscaping to improve the streetscape, to provide a natural and aesthetically pleasing visual and noise buffer between busy streets and homes, and to continue to beautify this south College Station location with mostly xerophytic plants that need little water or maintenance after they are established; and

WHEREAS, the installation and maintenance of all the landscaping will be the exclusive responsibility of William’s Court; and

WHEREAS, such landscaping installation and maintenance by William’s Court will include but not be limited to maintaining and mowing the right-of-way, maintenance of the irrigation pipes and appliances, and maintaining the landscaped area so as to keep sidewalks safely passable; and

WHEREAS, William’s Court shall use a drip system rather than a sprinkler system wherever possible to irrigate the landscaping in order to minimize the water used and avoid spraying vehicles and pedestrians; and

WHEREAS, CITY retains the right to remove any part of such landscaping that William's Court does not maintain, becomes unsightly, or hinders or obstructs in any way the visibility of vehicles or pedestrians; and

WHEREAS, William’s Court agrees to not damage any City utility while acting under this Agreement and agrees to immediately repair or compensate the City for the repair of any City utility damaged by William’s Court while acting under this Agreement; and

WHEREAS, this Agreement supersedes the landscaping permit issued by the City Engineer, dated March 11, 1991, and obtained by MYRAD Real Estate, Inc., a Texas Corporation (hereinafter “MYRAD”) with respect to the same portions of Rock Prairie Road and Victoria Avenue;

NOW, THEREFORE, for and in consideration of the recitations above and in consideration of the promises and covenants herein expressed, the parties do hereby agree and covenant as follows:

1.William’s Court shall install landscaping on that certain property located generally as outlined on the attached Exhibit A, consisting of approximately two thousand one hundred (2,100) linear feet on the southeast side of Rock Prairie Road and nearly seven hundred (700) linear feet on the northeast side of Victoria Avenue within the public right-of-way, as platted in the Official Records of Brazos County, Texas. All such installation shall be paid for solely by William’s Court. Such landscaping installation shall be able to improve the streetscape, to provide a natural and aesthetically pleasing visual and noise buffer between the streets and the homes, and shall utilize mostly xerophytic plants that need little water or maintenance after they are established.

2.The installation and maintenance of all the landscaping will be the exclusive responsibility of William’s Court.

3.  Such landscaping installation and maintenance by William’s Court will include but not be limited to maintaining and mowing the right-of-way, maintenance of the irrigation pipes and appliances, and maintaining the landscaped area so as to keep sidewalks safely passable.

4.William’s Court shall use a drip system rather than a sprinkler system wherever possible to irrigate the landscaping in order to minimize water used and avoid spraying vehicles and pedestrians.

5.  William’s Court agrees to not damage anything in the right-of-way or any easement, agrees to immediately replace any structure located in the right-of-way or any or any easement that is damaged by William’s Court acting under this Agreement, and agrees to immediately remove any landscaping that hinders or obstructs in any way the visibility of vehicles or pedestrians.

6.  CITY retains the right to remove any part of such landscaping that William’s Court does not maintain, becomes unsightly, or hinders or obstructs in any way the visibility of vehicles or pedestrians.

7.William’s Court agrees to not damage any City utility while acting under this agreement and agrees to immediately repair or compensate the city for the repair of any City utility damaged by William’s Court while acting under this Agreement.

8.   This agreement supersedes the landscaping permit issued by the City Engineer, date March 11, 1991, and obtained by MYRAD with respect to the same portions of Rock Prairie Road and Victoria Avenue.

9.  William’s Court shall not be deemed as having any franchise under this Agreement.

10. William’s Court shall not utilize such property other than as authorized herein.

11. [*skipped on original document*]

12.All notices and documents require herein shall be sent and provided to the parties and the addresses and telephone numbers listed below:

William's Court Homeowners Association
809 Nueces
Austin, Texas 79701
(512) 472-2333

City of College Station
City Engineer
P.O. Box 9960
College Station, Texas 77840-0960
(409) 764-3570


          All notices and documents shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the United States Post Office. The parties may change addresses upon thirty (30) days’ written notice sent certified mail, return receipt requested.

13. This agreement shall be filed of record in the Official Records of the Brazos County Clerk, Brazos County, Texas.

14.William’s Court agrees to and shall indemnify and hold harmless CITY, its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney’s fees, for injury to or death of any person, or for damages to any property, arising out of or in connection with this Development Agreement. Such indemnity shall apply where the claims, losses, damages, causes of action, suits or liability arise in whole or in part from the gross negligence or willful misconduct.

15.This Agreement is made under and shall be governed by the laws of the State of Texas. Venue shall lie in a court of competent jurisdiction in Brazos County, Texas.

16.  In the event of litigation concerning rights and obligations created under this Agreement, the non-prevailing party agrees to pay and shall pay all of the attorney’s fees, court costs, and other litigation costs of the prevailing party.

17.The parties, by their signatures, say they have read and understand the contents of this Agreement, that they acknowledge and agree that it contains the entire Agreement between the parties with respect to the subject matter, and supersedes any and all prior communications, agreements, or understandings.

18.This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto.

19. This Agreement may only be amended by a written instrument executed by each of the parties hereto.

The parties executing this Agreement state they are each authorized to sign on behalf of their respective corporations.