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HomeMy WebLinkAboutLegal Documentsy~r.;~ 1,. DEVELOPMENT AGREEMENT This is an Agreement pertaining to a project (hereinafter referred to as "PARKING LOT") , which site plan is titled ''Parkking Lot Plan -The Ramparts", which is located at Church and Na le g Streets in College Station, Brazos County, Texas, which consists of approximately 6.23 acres of privately owned land, more or less, and is more fully described in the attached Exhibit "A", and which Parking Lot is commonly referred to as the "Mud Lot". This Agreement is by and between the City of Colle e Sta- g Lion, a Texas Municipal Corporation (hereinafter referred to as "CITY"), Boyett Investments, Zimited a Texas Limited Partner~shi P (hereinafter referred to as "INVESTMENTS"), actin b and thr+~u h g Y g its duly authorized General Partners, GEORGE H. BOYETT, GLADY;S ~OURGBOIS, and W.C. BOYETT, and Skipper Harris (hereinafter re- erred to as ~~ HARRI S ~~) WHEREAS, in the Northgat~ area of the City of College Sta- tion there exists a serious lack: of adequate parking for motor vehicles. This lack of adequate parking repeatedly results in noncompliance with CITY codes, ordinances and .the laws of the State of Texas which is caused bit persons parking motor vehicles in he Noxthgate area.. on public rights-of-way, re tricted arkin P g areas, no parking areas, driveways and on private property; WHEREAS, such violations of CITY codes -and ordinances anc~ the laws of the State of Texas resent considerable safety anc~ P economic problems for the CITY and the citizens residin within g the CITY ; WHEREAS, it is necessary for the CITY to protect: and re- P serve the safety, health, peace, order, trade and commerce, and prosperity of the public., ..~... WHEREAS, in, on, and about Church 'and Nagle Streets, at the proposed location described in the attached Exhibit "A", a rc-xi- PP mately 24o cars a day are parked on the private ro ert owned b p P Y Y INVESTMENTS and leased by H~R~IS; ~1~iEREAS the parties recogn-ize that he circumstances have caused violations of the codes and ordinances of the CITY and ~' h have resulted in violations of the laws of the State of Texas with respect to the private property of INVESTMENTS and-now leased by HARRIS; WHEREAS, INVESTMENTS has satisfied all requirements to en- .sure that such property is.and remains the private property of INVESTMENTS and`has not granted, licensed, or permitted, either explicitly or implicfitly.., any rights to any person or the public with respect ~o the use of all or any portion of such private property except in tie written lease agreement with HARRIS which is .hereinafter described; ~JHEREAS INVESTMENTS has long-term plans for such private property hat do not include development as a parking lot; WHEREAS, INVESTMENTS has demanded that the private ownership and rights of INVESTMENTS with respect to such private. property be preserved; V~IEREAS, the 'CITY has concluded that exclusion of motor :vehicles from such private property wily result in a greater .health,. safety, and welfare problem in that persons will be forced to park motor vehicles in other Northgate areas; WHEREAS, INVESTMENTS, without granting, lce~si.ng, permit- ting or waiving any rights INVESTMENTS has or may have with re- sped to INVESTMENTS' ownership, use and enjoyment of INVEST- MENTS' private .property.. except as described in the lease a ree- g menu by and. between INVESTMENTS and :SKIPPER HARRIS or such other private written contract to which INVESTMENTS may be a art P Y wishes to enter into this agreement; and ~~'HEREAS, the CITY has previously approved an agreement and feels than continuation of this temporary use would be in the best interest of the health, afety, and welfare of persons lo- Gated in the Northgate area._and each 'party wishes to -further extend the agreement previously executed on :November ~, 1985; N0~1, THEREFORE, premises considered, and for mutual satis- factory consideration received by each of the parties hereto, the parties..agreethat temporary measures will mutuall benefit the Y CITY and INVESTMENTS, and the parties further agree as follows: _2~ ____ ;;: i 4~' P 1 A _ 1. The CITE will extend the Temporary Certificate of Occupancy for the tract described in the .attached Exhibit "A" for the parking lot plan previously approved by the Project Review Committee and the Planning and Zoning Commission. 2. This permit shall be extended for a period of one year from the date of this agreement. 3.' All fire lanes and fire exits must continue to be clearly marked for the.. term of this.~.greement. 4 H~iiRRIS "shall maintain sufficient gravel in the parking lot to keep a level surface free of potholes and allevi- ate the grass encroachment into the gravel lot for the period of this. agreement. 5. HARRIS steal maintain the railroad tie wheelstops consistent with the existing development. All development must comply with the Zoning Ordinance of the City Qf College Station or receive approval for a variance to such requirements from the Zoning Board of: Adjustments. 6. HARRIS shall maintain the Parking Lot office in good repair and in compliance with all app-licable:City ordi- nanees, including, but not limited to Ordinance No 1792, or- dained by the City of College Station 'City Council on December 8, 198. 7. HARRIS shall comply with all requirements of thE: approved site plan, including, but not limited to, the. mainte-- nance on site of a portable toilet. 8. HARRIS -shall maintain the lot free from debris ~:or the term of this agreement, 9. Marrs shall maintain `the landscaping as a roved. pp 10. It is understood that any failure to meet the a~>ove obligations terminates this agrecmer~t and revokes the conditional occupancy certificate issued herein. In such an event, use and .occupancy of this parking lot and/or buildings located thereon as a parking lot-shall thereafter be unlawful and in violation of CITY ordinances. 3_ 1 r a . Violations may be charged for each dad of any such violation. b. The parties hereto agree upon presentation of the affidavi of the City Manager to -a District Court of Brazos County, Texas, that if an~r one of the .above provisions has not been complied with, the CITY a~ay enjoin tie use of the proper~t Y as a parking lot. c. GEORGE BOYETT, GLADYS BOURGEOIS, and w.C. BOYETT repre ent that hey are authorized to execute this Agree- went on behalf of the undersigned business entity which is the sole owner of the property, and that they are the only general partners of I~'VESTMEJ:VTS. 11. This Agreementahall be binding upon.: the CITY and IN- VESTME~T~'S, and their respective agents, successors, and assigns 12. S~LPPER HARRIS, by execution hereof, and as the lessee of the property described herein. from INVESTMENTS, pursuant to a written Lease Agreement, hereby evidences this a reement for Chim- g .self, his heirs, successors, and assigns, to be :bound by the 1~ro- JL visions hereof and as some the obligations hereunder and the. Lease Agreement referred to herein. DATED this day of , 1990. ,~~ CITY OF COLLEGE STATION ATTESTS BY: ,LARRY RINGER, Mayor _~..___ City Secretary BY: __ __`.__. RON RAGLAND, City Manager ~OY~TT INVESTMENTS,- LIMITED, a Texas Limited Partnership BY: GEORGE H. BOYETT, a Gener 1 Partner of Bayett Irwestments, Limited BY: GLADYS BOURGEOIS, a General .Partner of Boyett Investments, Limited _~r BY: ~_. _ _ _ . _ _ _ _ .. ~~ f irs ~ ~. _ x~. v.. _ .:~. SKIPPER ~ARRI~, by execu tion hereof, and as the lessee of the propeacty described herein from INVESTMENTS, pursuant to a written Lease Agreement; hereby evidences this: agreement for him- self, his heirs; successors, and assigns, ~ to be bound by the pro- visions hereof and assume the obligations hereunder and the Lease ....Agreement referred to herein. DATED this day of , 1989. CITY OF COLLEGE STATIQN- ATTEST: BY: ,,~. r LA IN ay City ecr tary BYs ,..~ RON RAGLAND ity ManagE:r SoYETT INVESTMENT , LI ITEI) a Texas Li 'ted Pa the ip ,~ BY: ~. G RG B4 ETT a Gen~~r 1 Part~n r of oyett Investments, Limited BY: GLADYS URGEQZS, a en~~ra1 Partnex of Boyett Investments, Limited BY: .~..... W.C BOYETT, a General Partner of Doyet Lnvestments, Li ited . ~,~ y .~ .. . .., ; _ ~~« r~vw. ~J !~ / ...- t- SKIP HAR~ZS, Ind~,viduall,y and as Lessee of Boyett Inves~ments,`LmtVd ,~ ~..