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Legal DocumentDEVELORlv1ENT AGREEMENT AMCNDMENT NO. 2 1"his Agreerent is entered .into this day of December, 1995, by and between the CITE OF COIrLEGE 5TAl`ION, TEXAS, a Texas Nome Rule Municipal Corporation (hereinafter referred to as °'CiTY°') and BEG~ONiA CURPORATtON (hereinafter referred to as "BEGONIA", a Texas Corporation, and amends the devel- opment agreement entered into by and between the parties dated January 1$, 1593, as amended by Amendment No. 1 dated January 12, 1995. ~~~~~ WHEREAS, 6EGONIA's original Master Development Plan and zoning classifi~ cation for its properxy was approved.by CITY on June 11° 1995, with a modification of the proposed zoning reducing the corhmereial zone that fronted on Rock Prairie Road; and WHEREAS, the parties amended this Development agreement an January 12, 199.5, (Amendm®nt No. 1) to allow changes in the Master Development Plan, to change the order of Phasing of Edelweiss Estates and for CITY to abandon the right-af-way for North Graham Road and convey said property to 13EGONlA at no cost upon completion of Dock Prairie Road extension by I~EGONIA; and 11VHEhEAS, Section 2(i~) prohibits BEGONIA from platting and developing arty phase of Rack Prairie Estates prior to the construction and completion of the extension of Rock Prairie Road to WeNborn Road; and WE-IEREAS, BEGONIA wishes to amend this Agreement to allow the platting and development of property in Rock Prairie Estates (now Phases 1 QA thru 16 of Edelweiss Estates} bafor® i;t extends Rock Prairie Road and to obtain approval of a revised Master Development Ilan; .: NOW Tl-tEREFORE, for anc# in consideration of the recitations above and in considerati<,~rt of the promises and covenants herein expressed, the parties do hereby agree and covenant to amend the Development Agreement as follows; fs/clear. 9S/rl~ ue lvp,,,. Joc° 12/08/S~5 „ _ P e 03 5 1.:..,._,.~, ~te~rised Master Development f fart l"he revised IUlaster Development Plan as apprUVed on Decemlaor 1 ~, 1995, is attached hereto as Exhibit A and incorporated herein by reference. The revised Master Development Plan renames Rack Prairie Esta#es to Edelweiss Es#ates. The new phases of Edelweiss Estates (formerly Rock Prairie Estates) are as follows: 1 QR, 1 f?B, 11, 1 ~, 13, 14, 15, and 16. 2. Extension of Rock Prairie Road ~'+1' Sectigns 2(b) and (c) of the January 1 S, ~ 953, Agreement are hereby deleted in their entirety and new Sections 2(b) and (c) are inserted as follows: (b) BEGONIA agrees and understands that CITY will riot approve a final plat for Phases 1 OQ, 11, 12, 13, 14, 1 ~ and 16 of Edelweiss f=states until BEGONIA completes ar~d CITY accepts the extension of Dock Prairie Road from the eastern boundary of 6EGONIA's property to UVellborn Road, (c) Should the City Council determine that it is necessary to ~ extend Rock Prairie Road before a final plat is submitted by BEGONIA for phases 108 through 16 of Edelweiss Estates, end CITY constructs Rock Prairie Road extension to CITY standards, BEGONIA agrees to dedicate all right~of~way necessary for the extension and agrees to be assessed for the cost of construction of the roadway and sign a lien for the cost of such assessment. The lien is attacfhed try the ,lanuary 18, 1933, Development agreement as Exhibit "C" filed of record in 1101. 1 X96, page 24$, of the Official Records of Brazos County. Such lien will be filed in the Official Records of Brazos Cou#aty upon commencement of construction of the roadway by th® C3TY. 3. All ether terms and conditions of the January 18, 1993, ~}evelopment Agreement as amended by Amendment 1 remain in full €ores and effect and are expressly incorporated herein by reference. 2 ~,~lrld~c4$J~feu~1 oprrr.cfc~c~ 12K1~~5 P. D4 4, W____~ eimbursement.,,~~ osts ._.,. _. BEGONIA agrees tQ pay for the CtTY`s cost al' preparation of this developrnertt agreement amendment in accordance with City Council Policy. CITY sF~all remit a bill for said casts to BEGONIA which sha!! be due and Ratable in full within ten {~Q) days of receipt of same by BEGONIA. 5. This Amendment No. 2 shall be filed in the Official Records of Brazos County. BiGNI=p this day of December, 1995. BEGONIA CO~iPORAT10N CITY 01= COt_t_EGE STATION '~~ Mayer Larry Ringer ATTEST: Co~lrtie Hoaksp City Secretary AQPROV~a: George K. hfae, City Manager Cathy Locke, City Attorr~ay Tenn Schroeder, Executive Director of FiscallHuman Resources 3 f4~zldBC.flS/cleu~laP~+r r/r~G d 21U8~45 STATE OF TEXAS ACKNOVtiJt_EDGMENT COUNTY OF Bf~AZOS P. 05 This instrument was acknowledged On the ~~ day of np~p~e~c _ ~,, 9995, by ~~;._.~A~aa~~ in his ~~pacity as ~res~~~~i<t _~ of BEGONIA C0f7PORATtQN, a Texas corporation, on behalf of said corporation. ~,.,. NOTARY PUBLIC fN AND FOR THI` ~•~.....~ STATE QF TEXAS ~t~"°Oq~~ ~IA~Y L 1LL~lAf~TfRE NOTARY l~tJi~I.IC *,~ r State Qf i @X3S ',~~t~T Camm. ~xp~ 0,42.97 STATE OF TEXAS R ` ACKNOWL.FOGMENT COUNTY OF BRAZOS This instrument was acknowledged on .the day of , '135, by trtARRY RINGE~t in his capacity as Mayor of the City of College Station, a Te~cas l-iiorne Rule Municipal Corporation, on behalf of said municipality. NOTARY PUBLfC IN AND FOR T~iE STATE OF TEXAS 4 j31c/d~ag5/develogrn.doc ! NCk~lyS