The URL can be used to link to this page

Home My WebLink AboutLegal Document JUI'J 22 J' 94 09: 49 -- P . 2/"8 r AGREEMENT FOR TEMPORARY-CERTIFICATEOF-"OCCUPANCY THIS AGREEMENT is entered into by and between the City of College, Station, a Texas., Ho..,. RUle Municipal Corporation. ,(hereinafter"referred to as "COLLEGE 'STATION'tand Spartan ..Su) a Nebraska Partnership (hereinafter referred to as "OWNER"); WHEREAS, COLLEGE STATION has. passed ordinances pertaining to the, construction - of structures -and improvements within the City -limits; WHEREAS. OWNER owns the property, hereinafter referred to as "the premises." Such premises ate - described - as follows: Being all that C$rtain tract or parcel of land shown lobe 55.614 squa~efeet on the Vacatingsl1d ResubdMsion Plat of Lots One (1). Two (2) and Thre~(~), of BlockQne (1). COONER ADDITION and Lots One (1). Two(2} and Th~~(~). of the BURKHALTER ADDITION. said trad,being in the City of College1,Sti.\tion, Brazos County. Texas. according to ss.id Resubdivision Plat recorded In Yolume 5~9.Page382, Deed Records of Brazos County. Texas; and Being all of ,Lots Number Four (4) and Five (5), Block Numb$rOne (1), COONER ADDITiON. am addition to the Ci~of College Station, Braz()SCountYr Tf9xss, aQCOrding to .ssidResubdivision Plat recorded in Volume 102,Page151, Deed RecordsofBrazosCountYJ Texas. WHEREAS, COLLEGE STATION requires full compliance with its building codes. subdivision ordinance. fire codes and all other ordinances pa$sed by it; WHEREAS, a certificate of occupancy cannot be issued. wh&re cons@diqn is Incomplete and ,not in compliance with City' codes. ordinances' or condi.~ions of development approval; WHEREAS. OWNER has received a building permit from COllEGES1[ATIQN; WHEREAS, COLLEGE 81 ATION furnishes electric utility service. withinthei city pursuant to its certificate of convenience and-necessity; WHEREAS. COLLEGE STATION fumisheswater and sewer utility service within the city; WHEREAS, asa condition of the provision of &Ieetrlc. water and' sewer service, COLLEGE STATION, requires the meeting of all ordinances with the issuance of a certificate .ofoccupancy; f)(JJ221114 d'I~ol'df.~mlntJitmpco -1- P.3./8 JUN22 1'94 09:50 WHEREAS. OWNER has not met all of the conditions to the issuance of a certificate of occupancy; WHEREAS, OWNERIsconstruction is substantially complete with. all required infrastructure in place; WHEREAS,aU life-safety codes and requirements. have been met; WHI:REAS, OWNER requeststhat.a temporary certificate of occupancy be granted to it while it comes into compliance with COLLEGE . STATION ordinances; WHEREAS, COLLEGE STATION policy require$ thewithholciing of the certificate. .of occupancy until . all. construction..reJated. ordinance requi!rement~ have been met; WHEREAS, the Building Official and Fire MSJ'$hall do not object to the issuance of a temporary certiflcateof occupancy for the . use of the building in its current condition; WHEREAS)COLLEGESTA TIONpolicyrequires that utility service not be provided until a certificate. of occupancy is granted; WHEREAS. OWNER agrees to..complywithall..City" ordinances and guidelines in order to operate < under the temporary cel1ificate of occupancy until such time as it complies: with this agreement and a permanentcertificaleofoccupancyisissued on the premises; WHEREAS. OWNER promises to use Its best efforts to come into compliance withCO.LLEGE STATION ordinances and . complete the construction of all permanent facilities on or before the deadline established herein; and WHEREAS, .$ubjectto the foJJowing terms and conditions. COLLEGE STATION agrees to permit use of the premises under a .temporary certificate of occupancy; NOW THEREFORE, for and inconsideration of the recitations listed. above and the covenants and agreements provide~ below,..the parties agree as follows: 1. OWNER shall. provide letter of credit in the . amount of $15.000 which sum shall guarantee compliance with the following ordinance requirements: . 8. Construction Of.8 ..six .foot wide sidewalk for ".th.e length of the property along Texas Avenue. Sidewatkdetails. width and slopes must comply with City of .College Station. requirements . and American National Standards Institute 117.1. 0812* t.fIt:A14~agreemeIJM.mpco -2- : ~ JUN22 119409:51 P.4/8 b. Repair.....curb .and gutter at the .Intersection of Jane Street and Cooner Street. . c. Compliance with Ordinance No. 1638 - Section 11...Landscapingl instaIJingtwenty...threeadditional. points as per the ordinance and seed or sod. d. Plug two inch waterline on Jane Street. e. Correct valve box suchthatltisacoessible. f. Fix vault box constructing stairs and installing grouting. g. Replace end island at the east end of the parking rovr on the south side of the. building as per the City of College Station requir8J11ents for end islBnding~ Additionally, provide.requ;redlandscaping in the constr4cted island. h. Reconfigure. . the dumpster island arrangement to match the approved sitepJan. i. InstaU four handicapped . signs in the parking lot. 2. COLLEGE...STATION shall issue .athirty (30) day temporary certificate . of occupancy contingent on OWNER's compliance with.. the..termsof.this agreement. and aU ...COLLEGESTATIONordinances. .......COLLEGESTATION ..willprovide: water, .....sevver , andelectricutilifyservicetothe premiseSlJrlder thertemporary certificate Qf occupancy. 3. OWNERshaU complete. each and every one of therequi~ements listed above on or before the 22nd day of July 1994. 4. In the event that. OWNER defaults in the performance of the terms of this agreement OWNER understands and, agrees as f.otlows: a. . That the tendering of this document with a sworn statement of the Director of Economic &OeveJopment Servicesthaf OWNER is indefauJt of the terlrns herein. shall constitute.' sufficIcant evidence for confession of judgment and OWNER agrees that. it does hereby confess judgment. b. That COLLEGE STA nON shall be entitled upon twenty-four (24) hours'notice. posted on the premises . to disoonnect. all utUityservice. c. That COLLEGE STATION shall beentiUed to an injunction against OWNERptohibiting the"use of the premises for any commercial 'purpose to which the publiC is invited. 0&22iU ~rdI....,.nt,ffmFO -3- JUN22 1194...09:51 P.5/8 HIlT d. That COLLEGE STATION sMail be entitled to Two Hundred DoUars ($200..00) per day for each day that OWNER violates the terms of this agreement as liquidated damages. . . e. That COllEGE STATION shall be entitled to pursue any oU1er . remedy available to it. 5. In the event that OWNER does not comply with all the requirem~nts of this agreement and COllEGE STATION does, not. issue .a. permanent certificate of occupancy, .then this temporary certificate ,of occupancy shall immediately terrninate upon the 22ndday of July 1994 and OWNER shall cease. utilizing the premises. 6. , The time fo,- compliance, with the requirements is a reasonable time for the cornpI etionof each. taking into consideration all conditions,including but, not ~.imited to the average climatic change and conditions and usual industrialcondition~ preyailing inthi$ locality. The amount of liquidated, damages for OWNERfsfailure t~m~et the deadline, is. fixed and agreed 00 by OWNER because of the impracti~mtf and extreme difficulty infixing and ascertaining actual damagesthatthe City wo~ld i?sueh an event sustain and, because COLLEGE STATION has authoriZed. a iit~rnporary certificate ofOQCupancy to.OWNERfs financial a.nd personalbeneflt. Theall\lqun~ to be charged is agreed to. be damages COLLEGE STATION wO\Jld sustain a~.. sijall be retained by C()LLEGE STATION. 7. COLLEGE STATION. at Its option may make a claim on the letter o~icredit posted by OWNER and have the obligor < complete the work necessary to secure compliance with COLLEGE STATION ordinances. 8. In the event that OWNER does not comply with COLLEGE STA TI()N ordinances' and the terms of this agreement and does not cease, Util0ng the .pr~mises upon the revocation of., the temporary , certificate of occupancy, the parties tlereby recognize, and understand ,that for each. and every day on which the premises are utilized, OWNER .shaUbe subject toa.criminal. penalty. 9. , OWNER hereby agrees. that upon execution of this agreement. ,i~ shall provide proof of authorization to sign. which authorization shall be attaoo~ and incorporatedhereJn. 10. 'COLLEGE. STATION shall have the right. to declare the, agr~ment breached for nonperformance if COLLEGE STATION determines that the agree~ent is not being executed according to its understanding of the intent and meaning, .pt the agreement. Such breach shall not in any way invalidate OWNER's perforfllsnce obligations under. the agreement. 11. It is understood that this agrooment shall be governed by, and construed, and enforced in accordance with, and subject to. the laws of the State of Texas. The 06Il2IfU dl/c.W'nv.IOldIageementllempoo -4- J. JUN22 119409:52 P.6/8 parties agree thatvenue shall lie ina court of competent jurisdiction in Brazos County, Texas. 12. The partie$agree that they have read the terms of this agreement and familiarized themselves ..with .the .requirements hereunder.. and agree . that they understand.. their rights. and ..responsibilitieshereunder. 1.3. It is understood and agreed that this agreement shall be binding upon and shall inure to . the benefit of the partie$ snd their respective heirs. lessees) representatives, . successors and assigns. 14. It is understood that this agreement contains the entire ,agreement belweenthe parties and supersedes any and all prior agreements, arrangements, or understandingsbe'lweenthe p.arties relating to thesubjeet matter. Noc)ral understandings. statements, promises or inducements contrary to themrrns of this agreementexist~ This agreement cannot be changed or terminated orally. ' 15. Thl$ agreement shall be filed of record in the Official Records of Brazos County. Texas. 16. All. notices and documents required. herein shall be sent and providecjl to the parties at the addresses and telephone numbers listed below: CITY .OF.COlLEGE .STATION Attn:.Directorof Development Services 1101.. Texas Avenue College Station, Texas. 77845 OWNER: Spartan"S'. A Limited Partnership P.O. 80)(1448 ,Norfolk. . Nebraska 68702-1448 All notices and documents. shall be deemed received when mailedwitt:l sufficient postage' and, deposited .in' a regularmail~ of the United States Post Office. The parties. may change addresses upon thirty (30) days. . written notice sent certified.. n1ail return receipt requested. 17. If it is determined that COLLEGE STATION had no authority to. enter into this Temporary Occupancy Agreemenl. then OWNER agrees that it shall close operations under the temporary Certificate of Occupancy and construct the permitted improvements .requlred to ,..obtain a permanent Certificate of Occupancy .jn. accordance with City of College Station Subdivision Regulations, each party being considered to be returned to the position 'he was in before he entered into this Development Agreement. _M4 dVe4vm~otdla"''''lJtA.mpt:.'O -5- JUN 22 1194 09:53 P.7./8 f . 18. JntheeventofUtigation.OWNERagrees to pay and shall pay all Of the attorney.s feest court costs and other litigation costs of CllY. ~ 1~d'Z~~NeS~\~~~REOF'~~~j1iesha\'eexecuted this agreement on the steve .H.Borgmann..General Partner SY:.~$-~(3-~ STATE OF TEXAS COUNTY OF BRAZOS ) ) ) ACKNOWLEDGEMENT ,.!'i$ in&tn.amentwasacknowtepged before f1.le byJirn Callaway, Director of ,E~~~ &.DeveIOPmeJ,'\9~:rvlces. on thIS the ., day of 'L DEBORAH.A"" · GRACE NOTARY PUBLIC State of Texas Comm.Exp.04..14..97 0&2Z84 tJ1IcANIrtttJottJl1Jga,mentlllltnpCo .6... JUN 221194 09:53 P.8/8 ,~ \\~stA STATE OFTSXAS ) COUNTY OF~~ '~ This Instromentwas acknowledged before.mebyPaul l. Schulte. on this the a~.otdayof>~V'.~ ....... ... ... ... .. .... .... .... ....... "J.1994.. . . ~.~~~~\~ the State of ~.. ('vef:>R(\S(,tj- ACKNOWLEDGEMENT ~U\ STATE. OF ..TSA6 ) '.~~h ) COUNlYOF~ ) ACKNO\NLED'GEMENT This instrume was acknowledged before me.by.Steve H... Borgmann. on this the ~.~ ~'dayof ut/\'-t f t 1994. tJfJIR2I//4 cllc:IN1IJWlJRV."..mentftmpco -7-