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Home My WebLink AboutParking Easement Agreement l c -,' 1' r 0 1 fit/ O 1( //7 / 141 ;_7 f d �� Parking Easement Agreement0-4 (AAI THE STATE OF TEXAS (17-�z +4L ,�M \fi, • �r �N w �6� t l / � COUNTY OF BRAZOS a�,al c''�..�, q ( P� f 1 11 ?� U 7 egg This PARKING EASEMENT AGREEMENT ("Agreement") is made and entered into as I/ of the day of , 2015, by and between Fellowship Church of College Station, a Texas nonprofit corporation ("Fellowship") with an address for notice of 1700 George Bush Drive East, Suite 140 and Eastmark Wolf Pen Apartments, LLC, a Texas limited liability company ("Eastmark") with an address for notice of 1700 George Bush Drive East, Suite 160, College Station, Texas 77840. WHEREAS, Fellowship is the owner of Lot Two (2), Block Two (2), Southcreek Phase I, located at 1001 Colgate Drive, College Station, Brazos County, Texas (herein after referred to as the "Fellowship Property"); and WHEREAS, Eastmark is the owner of Lot One (1), Block "D", Eastmark Subdivision, Phase II, located at 2400 Central Park Lane, College Station, Brazos County, Texas (herein after referred to as the "Eastmark Property"); and WHEREAS, in order to be used as a place of worship the Fellowship Property requires additional off-site parking to comply with the parking requirements set forth by the City of College Station Unified Development Code; and WHEREAS, Eastmark is willing to grant a parking easement to Fellowship for the benefit of Fellowship; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Easement Property: That portion of the parking lot located on the Eastmark Property adjacent to Central Park Lane, as more particularly shown on Exhibit "A" attached hereto. II. Easement Purpose: For the parking of vehicles on the Easement Property, together with the associated ingress and egress for vehicles and pedestrians along established driveways and sidewalks adjacent to the Easement Property. III. Grant of Easement. A. Eastmark grants, sells, and conveys to Fellowship a license, privilege and easement over, on, and across the Easement Property for the Easement Purpose and for the benefit of the Fellowship Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to Fellowship, but only for so long as the Fellowship Property is used for purposes of a place of worship. B. The Easement is non-exclusive and irrevocable, but only for so long as the Fellowship Property is used for purposes of a place of worship. y� p 6-co4)') Parking Agreement Page 1 of 5 26622\Parking Easement for Fellowship.docx IV. Duration of Easement. The Easement shall remain in full force and effect for so long as the Fellowship Property is used for purposes of a place of worship. At such time as the Fellowship Property is no longer used for purposes of a place of worship, the Easement shall become null and void by its own terms, and Eastmark shall not be required to file any release, termination or other document to evidence the termination of this Easement. V. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property will be at the sole expense of Eastmark. VI. Indemnity. Fellowship does hereby agree to indemnify and hold Eastmark harmless from any claim, liability, law suit or loss of any kind arising directly or indirectly out of the use of the Easement Property by the Fellowship or its members, tenants, patrons, customers, employees, and invitees. Fellowship shall at all times maintain a policy of general liability insurance in the minimum amount of $1,000,000.00 covering the Eastmark Property (limited to the Easement Purpose), such policy to list Eastmark as an additional insured, and the Fellowship shall provide Eastmark with evidence of such insurance. VII. Notices. Any notice or communication required or permitted hereunder will be deemed to be delivered, whether or not actually received, when deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address shown, and if not shown, then at the last known address according to the records of the party delivering the notice, or when personally delivered. Notice given in any other manner will be effective only if and when received by the addressee. Any address for notice may be changed by written notice delivered in the same manner. VIII. No Dedication. It is mutually agreed that nothing contained herein shall be deemed a conveyance or dedication in favor of the general public or for any public purpose whatsoever, it being the intention of the parties that this Agreement is for the private benefit of the parties and their respective successors and assigns and shall be strictly limited to and for the purposes herein expressed. IX. Governing Law. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. X. Further Assurances. In connection with this Agreement as well as all transactions contemplated by this Agreement, each signatory party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions of this Agreement in all such transactions. Parking Agreement Page 2 of 5 266221Parking Easement for Fellowship.docx Eastmark Wolf Pen Apartments, LLC, a Texas limited liability company By: Fercan E. Kalkan, Manager Fellowship Church of College Station, a Texas nonprofit corporation By: Name: Title: THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on , 2015 by Fercan E. Kalkan, Manager of Eastmark Wolf Pen Apartments, LLC, a Texas limited liability company Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on , 2015 by of Fellowship Church of College Station, a Texas nonprofit corporation. Notary Public, State of Texas Parking Agreement Page 3 of 5 26622\Parking Easement for Fellowship.docx Consent and Subordination by Lienholder , ("Lienholder"), as the holder of a lien on the Eastmark Property, consents to the above grant of the Easement, including the terms and conditions of the grant, and Lienholder subordinates its lien to the rights and interests of Fellowship, such that a foreclosure of the lien will not extinguish the rights and interests of Fellowship. [NAME OF LIENHOLDER] By: Name: Title: Parking Agreement Page 4 of 5 26622\Parking Easement for Fellowship.docx Exhibit "A" A ;n : u f ,, !-,-:,-„.:-,ii-..,,,,,,--. t. S i s A' \ ;j M -. fi " ..� S .4 : ,. l . ' —oie 'y f`-.. t a",`t 4. a, • • No 4kot ' ' a65+ + FELLOWSHIP PROPERTY f s -;. �,-z,4 C , Y 1. ` ti ,7s qPf` ' s. r;` �., s ', ,. +.r r"o ,[ �„\ / EASTMARK PROPERTY '-'4,,,\,-. • �. , fy T - • - ta �. -`�t ,, .mss\ N. `,. ' ." ; :qI .b- `i • 7 /' ' i� ./..4,.......', t s` �s� g , ry'_ - y'- EASEMENT PROPERTY - > _ _ ..') < • / K:.--•..; . - ,,,,v., / / ..,,,,,.?--..-r,„.4,' .: ..\ ' -- -...--,rN4!..., .4.... -.• - — . 4first I// 4 Y ti � .' • . • �{,. '� 4.-7:: -•.-:.$ ! . t i t o w moi- Y .' '.: - �-:'r _ 4 N. „„=,...,`,.i>':, t cts UC y j` / . sIktrI _ � 5. � yds 4 ' . • Parking Agreement Page 5 of 5 26622\Parking Easement for Fellowship.docx 9)Gvlewed �t-In rriot ie e ca, 09 FOR OFFICE USE ONLY (pe v+ o ,no+ rye edct(cementCASE NO.: , r C-O 7u +-he (eU'' DAM E SUBMITTE CITY OF COIL;GIS STATION �1"�J v S Home of Texas A&M University" • sT. _ PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. E New Project Submittal ❑ Incomplete Project Submittal -documents needed to complete an application. Case No.: ❑ Existing Project Submittal. Case No.: Project Name ``! Q\--\ Contact Name \ �- *-jj Phone Number \--PRA - We are transmitting the following for Planning & Development Services to review and comment(check all that apply): ] Comprehensive Plan Amendment _ Non-Residential Architectural Standards Rezoning Application _ Irrigation Plan ❑ Conditional Use Permit LJ Variance Request ❑ Preliminary Plan E Development Permit ❑ Final Plat ❑ Development Exaction Appeal E Development Plat ❑ FEMA CLOMA/CLOMR/LOMA/LOMR ❑ Site Plan ❑ Grading Plan Special District Site Plan ❑ Other- Please specify below ❑ Special District Building/Sign ❑ Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS All infrastructure documents must be submitted as a complete set. The following are included in the complete set: A Comprehensive Plan Amendment _ Waterline Construction Documents ❑ TxDOT Driveway Permit Sewerline Construction Documents ❑ TxDOT Utility Permit ❑ Street Construction Documents ❑ Drainage Letter or Report L Easement Application ❑ Fire Flow Analysis H Other- Please specify Special Instructions: 10/10 Print Form