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HomeMy WebLinkAboutMiscellaneousr ~ ~~ Post Office Box. 9960 1101 Texas Avenue College Station, Texas. 77842-0960 (409) 764-3507 MEMOR.ANDUN! P ! ~~ 0~ vn Yom. sf i~~ T0: Project Review committee, FROM: Marianne Dunks, Assistant city Attorney RE: Mudlot-Development Agreement DATE: March 29, 1989 Please. review the attached draft of the proposed development a reement for the MudlOt parking lot. Please provide .written g comments at Or before the P.R.C. meeting scheduled for April 5, 1989. Please call i'f you have any questions. MLB:jls Attachment ~~I (CITY OF COLLEGE STATION ~' ^n« LEGAL DEPARTMENT nw~..o a„~ avFn 11(11 TPxa~ n~P~~~P i f. Pn ~~ PARKING AGREEMENT __ _ - - - This is an A reement pertaining to a project, which shall be ~~ g ~ - ,~ referred- to as Parking Lot Plan The Ramparts ,-which shall be located-at Church and Nagle Streets, ar~d which consists of ap- roximatel 6.23 acres of privately owned land, more or less p ~ ~~ ~~ ~herelnafter referred to as PARKING LOT ). This Agreement is by and between the City of College St~a- tion, a Texas Municipal Corporation (hereinafter referred to as the "CITY") and Bo e t Investments, Limited, a Texas Limited . y _~ ~~ Partnership (hereinafterreferred to as INVESTMENTS ), acting by and through its duly authorized General Partnezs, GEORGE H. BOYETT, GLADYS BOURGEOIS, and W.C. BOYETT. WHEREAS, in the Northgate 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 non-com liance with CITY codes, ordinances and the laws of the p State of Texas which is caused by persons parking motor vehicles in the North ate area on public rights-of-way, restricted parking g , areas, no asking areas, driveways and on private property; and p WHEREAS, such violations of CITY codes and ordinances and the laws of the State of Texas presen considerable safety and economic roblems for the CITY and the citizens residing within p the CITY; and WHEREAS, it is necessary for the CITY to protect and pre- serve the safety, health, peace, order, trade and commerce, and prosperity of the public; and ..WHEREAS, in,- on, and about Church and Nagle Streets., at .the ro osed location described in the attached Exhibit "~1", approx- p p imatel 200 cars-a day are parked'on the private property owned Y by INVESTMENTS; and WHEREAS, the parties agree that t'ne circumstances_~ave caused violations of the codes and ordinances of the CITY and resulted in violations of the laws of the -State of Texas with respect to the private property of INVESTMENTS; and WHEREAS, IIWEST.~ENTS has long--term plans for such pr iva~te property that do not include development as a parking lot; and 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, eit:her ex icitl or implicitly, any rights to any person or thepublic P Y with respect to the use of all or any portion of ..such private property except in the written lease agreement hereinafter described; and ~. WHEREAS INVESTMENTS hay demanded that the private ownership and ri hts of INVESTMENTS with respect to such private property g be preserved; and WHEREAS, the CLTY has cone uded that exclusion of motor vehicles from such private property will result in a greater health,. safety, ..and welfare proble~ in that persons will be forced to park motor vehicles in other Northgate areas; and WHEREAS INVESTMENTS, without granting, licensing,, permit- , tin or waivin an rights LN~TESTME~VTS has or may have with re- g g y~ sect to INVESTMENTS ownership, use and enjoyment of INVEST- P MENTS' private property except as described in the lease a reement by and between INVESTMENTS and SKIPPER HARRIS or such g other private written contrast to which INVESTMENTS may be a party wishes to enter this agreement; and WHEREAS, the City of College Station has previously approved an a regiment for two years and feels that continuation of this g temporary. use would be in the best interest of the. health, safe- ty, and welfare of persons located. in the Northgate area, and each art wishes to further extend the agreement-previously p Y executed on November 6, 1985; NOW, THEREFORE, premises considered, and.for mutual satis- factor. consideration received by each of the parties hereto, the Y arties a ree that temporary measures will mutually benefit the P g CITY and INVESTMENTS. The parties hereby agree as follows: 1. The CITY will issue a Temporary Certificate of Oc- cu anc u on the installation of parking islands or a variance p Y P from the requirement to the installation of parking islands on the tract described in the attached Exhibit "A" and in compliance with the plan approved by the Project Review Committee and the Planning and Zoning Commission. 2. This permit shall be valid for a period of. one year from tie date of the issuance of the Temporary Certificate of Oc- cupancy. 3. Upon the expiration of one year from the date of the ..issuance of the Temporary Certificate of Occupancy, this A reemen~. may be renewed for an additional year upon the apg~li- g ication for ressuance of the Temporary Certificate of Occuf>ancy, It is understood that any failure to meet. the above ob1.i- ations terminates this agreement and revokes. the conditional g occupancy certificate issued herein. In such an event, use and occupancy of this parking .lot and/or buildings located therE~on as a parking lot shall thereafter be unlawful and in violation of CITY ordinances. 1. Violat-ions may be charged for each day of any such violation. 2. The par ies hereto-agree upon pre entation of the affidavit of the City Manager to a District Court of Brazos Coun- t Texas, that if any one of the above provisions has not been Y _ complied with, the CITY may enjoin the use of the property as a parking lot. 3. GEORGE BOYETT, GLADYS BOURGEOIS, and W.C. BOYETT re resent that they-are authorized to execute this Agreement on P behalf of the undersigned business entity whichis the sole. owner of the property, and that they are the only general partners of INVESTMENTS. This Agreex~ent shall. be binding upon .the CITY and INVES'T- MENTS, and their respective agents, successors, and assigns. SKIPPER HARRIS, by execution hereof, and as the lessee of the. property described herein from INVESTME~TTS,.pursuant to a written 'Lease A reement, hereby evidences this agreement for him- .. g self, his heirs,`successors, and assigns, to be bound by the pro- visions hereof and assume the obligations hereunder and the Lease Agreement referxod to herein. DATED this day of 1987. CITY OF COLLEGE STATION By• - - ----- LARRY RINGER, Mayor By • RON RAGLAND, Acting City Manager BOYETT INVESTMENTS, LIMITED, a Texas Li~nit~d Partnership BY ~ ~- -- - _.r~.. .____~___. GEORGE: H. BOYETT, a General Partner of Boyett Investments, Limited By• GLADYS BOURGEOIS, a General Partner of Boyett Investments, Limited -- - - __~ _.-. - 5KIPPER ~3ARRIS, Individually and as Lessee of Boyett Investments, Limited By• w.C. BOYETT a General. Partner of Boyett Investments, Limited .... __ parking' lot . ~~ The Fire Marshal s office indicated that the exlstn~.Fire Lane markings are not verb clear, and as a resin , cars arc often i parked in those areas. ~Mr. Uavs recommended installation of more, and clearer si~na~e to mark `the Fire Lanes., and offered to ~~ work caith Mr. Harris toward t-his end. y. r .~ The Building Official's~offi~e reported hat several complaints had been `received: from area 'residents and paper ~ Owners re~ardin~ the accumulat~ian of trash, includ~n_~ waste concrete, dirt and timbers on this land. He stated that after notification had been made to the landowner re~ardin~ this .items and the hall weeds being allowed to brow, the weedy were mowed, but the other i ems remain. Building Official Perr~r stated- that this accumulation of trash and junk is fast becamn~ a publcnuisance and a health hazard, and should be cleaned_up. The Planning Division submitted a copy of a memo sent to the City Attorney's office re~ardin~ current conditions on the l+~t. The memo is attached to this repar , and will be included in the new development agreement.` City Planner Callawa~r~stated.that one _. complaint had been received from an area pro~gertS~ owner Ito lthe north) re~ardin~ blowing dust coming from this p-arkn~ lot, but another call head been received ~`fram an owner to the south-which stated $hey had never had problems with this gravel commercial lot, and expressed hope that its existence would continue, because without this facility, on-street par~kn~ would become an rt even: greater problem in the area than it curen-tly is. k City Engineer Pul en stated that he would feel much better about suppartin~ this. proposed development 'agr`eement if the area were cleaned up. .. i P~;Z Commissi`one`rs expressed a de ire to see additional permanent-- cam liance with ordinance re uirements re~ardn~ paving of the P surface, ;inc usian of islands, strigin~, :etc-. , but were s~mpathe is to Mr. Harris' inability to do anything `due to t`he month-to-month lease he has been forced in to by the landowner. Mr. Harris was asked to furnish a better stating his intent Find explaining his reasons far hies proposal ta'be included in the information forwarded to the P&Z and Council at the time of cansidera ion of his req~ue~t. He was informed that if his information was received in the Planning Division before :noon on Friday, Apri 14, 1989, consideration of the Development '~ Agreement would be on the F&Z Agenda for the'mee ink on April 20, ~~ ~, 1989. i Mr. Harris 4das `additionally told he would be sent copies of ~-ny' additional notificatian`of complaints received about his lot, b since the only can act which has been made in 'thel past is wit;h the landowner, who has not forwarded this informs ion to Mr. Harris. .j I July 2, 1990 ~; ~, MEMaR.ANDUM Planning & Zoning Commission T~ FRAM: Jane R Kee, Senior Planner RE: "MUD LET" Development Agreement In l9$5 Mr. Skipper Harris received a two year lease from Boyett Investments Ltd. to operate a parking lot on what has come to be called the Mud Lot. in '~' Narthgate. $ecause of the short term nature of the lease Mr. Harris did not ~~ want to put a lot of money into improvements. Thee P&Z and ZBA ranted various a royals and variances to allow the lot to g pp ~,' operate without islands or striping and with a gravel surface. The City:: enter~:d l into a development agreement in 19$5 pecfying he conditions of operation of ~, the project... This agreement is to be renewed annually. ,; ~~ It is-.time a ain to renew the development agreement. The Planning.:& Zoning g Commission. considered this item on 4-20-$9. The::: P&Z recommended approval of the proposed development agreement, but to include a waiver of items #5 & #9~ requiring the installation of additional gravel and the removal of all ~ construction debris until after June 1, 19$9, but to require compliance to all other conditions immediately. Qn A ril 27, 1989, Council authorized a development agreement for one year p j from June 1989, including the recommendations of the P&Z and. also postponing "Item #6" which required the installation of railroad tie wheelstops, until June 1, 1989. At present all conditions of'the development agreement are being met. There is same grass encraochment onto the. gravel lot that should be eliminated. Thee development agreement will be considered by the Council after receiving a recommendation from the P&Z The development agreement in your packet is the current one. Any changes recommended by the P&Z will be incorporated into a revised agreement before being presented to Council. Also in our ackets are copies of the minutes from the 4-20-$9 P&Z and 4-2~-89 Y p Council meetings when this agreement was most recently approved. r i r