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Home My WebLink AboutLegal Document I'. I 'tll V E $~ T MEN T S ~ I N C . ID:1-714~898-9221 AGREEMENT FOR TEMPORARY CERTIFICATe OF OCCUPANCY ThisAgreementi, entoredinto by and between tho City ofCoHoge Station. a ,Texas Home .'Rule .. Municipal Corporation, . (hereinafter . referred to as "COLLEGE STATION").. and UTI. Investrnents, Inc., a Califomia . corporation, its successors and a8slgns (collectively and hereinafter referred. tO,as "OWNERtt); aelnga tract or .parcel of land lying .nd being situated inth$ CTawfC)rd Burnett I..eague, Abstrsct ",0. 7, College Station, Brazos County, Texas, andt)eif')g llotsOrye(1) through Forty~three (43), BlOCk ~ne (1) of Re$&rve . Tract II~" pf the Parkway Plata, Phase. VIII Su~h/i8lon, Q.ahown on lh~ pl~to' said subdivision, f9cordGd In Volume 515, Pago183,DetldiRecords, Brazo.County, Texas. WHEREAS, ... COLLEGE STATION.r~uires full. compliance wilhite building code8.$Ubdivisionordinanoes. fire cocites find aU other ordinances passed by It; WHERSr-S, <8 Qertificateof O~p~:ncycannot be issued where. construction is incompl.tt. .ncp: not. in C()mptlance~ith.' CitY codes, ordinances or conditions of development. approval; . WHER~" OWNER < . has fec$ivCiJd a building permit (No. 9401053) from COl..LEGE~'1"~TIONfor.the. construction. of new buildings, EI swimming pool, and related. infra.ltructure . onaportion . of thepremis8s; WHEREAS, COLLEGE...STATION. fumisheselectric utility.service within the. city limits .pursuanttoits certificate of convenience and necessity; WHEREAS, COLLEGE .STATION.futnishBs waler andsewerutlllty&ervlce within the cltyllmlla; WHEREAS, as a condition of the provisionofeleetric, water and sewer service. COllEGESTATI()Nrequir.8thB'meElti~gofaUordinance' with the .issuance of a Oertificatt.ofOccupancy; WHEREAS, OWNER has not met ;aU of the conditions to the Issuance ola Certificate of Occupancy; == Tl.'-'('i''rNVESTMENTS ,- ! i I 'I I~ il I I I ! '\ i :! No.OUT P.02 WHEREAS,OV\INER requestathat .. Temporary Certificate of OCCUpsncybe granted toil while it eomes.into compJiancewilhCOLI..EGE STATION ordinances; WHEREAS, COI..I..EGE STATION policy requires thatutmty "rvice not be provideduntj'a Certificate of Occup.ney is granted: WH.ER~S, OWNER.agrees to pay the administrative costs associated with the preparafion of... Temporary Certificate of Occupancy. Replace the parking places that.wer8 tak8l1l1p during the reoonflguration of the front parking area in accordance with 'the . -2- . Approved Site f)lan. Inc~Llding . the construction of 13 additional parkingspaeeainthefront area.ndbetween buildings 10 end 19 and . theCOf1structlonof . three. parking SpliceS. dlrectlY8djacenl . to building 35 'and two parking 'paces . adjacent to bulding 40,811 . in accordance with the Approved Site. Plan attached hereto as Exhibit A (perS8clion 9.201 Ordinance No. 1938.. the Zoning Ordinance of the City of College. Station and per Zoning .. Board Action). Install new. dumpsters .behind Building 19 and .install ",Wlereen fencing and Twelve foot (12') by Twelve foot (12') pads for the' Dumpsters in acoordancewiththeApproved Site. Plan and $ ectl on 1 O.2Hof the. Zoning Ordinance,of the City of College Station~ c. ,COLLEGE STATION shall Issue. aaixty (eo) day Temporary Certificate of Occupancy COntingent on OWNER's compliance with the terms of this Agreement and .811 COLLEGE STATION ordinances. COLLEGE STATION will provide water, s8werandelectricutility service :to the premises under the Temporary Cerli.f1cate. of OcCupancy. OWNER..shaU complete8ach~'8nd..vCtry Dne or the requlremente listed above on or before MondsY,Febtuary 20,.1995. ThatCOl.LEQE STAT~ON shall be entitled to .an injunction against OWNER prohibiting lt1e use of the portion Of the . premises subject to.. Building . Permit No 9401053 .for any, commercial purpose to whic:h the public Ja <Invl~.d. -3- That COLLEGE. STATION shell be -entitled to Two Hundred. Dotlars ($200,00) per dayss liquidated damages for - 88chday that . OWNER violates . the terms of t,hi$ Agreement That COLLEGE . 8T ~TION shall be entitled to pursu8any other remedy IIvailable to it. Alita option, COLLEGE STATION may -make a claim on the performance bond pOlted by OWNER and complete thewerk ne06888ryto ..cure GOmpliancewith COllEGE STATION ordlnances~ In the event. that OWNI;R does not comply with COLLEGE STATION ordinancesal1d the terms of thiaAgreement anet does not eease utill%ing the portion of the premla,slubjed to Building Penn it No~9401053upon the revocation of the Temporary Certificate of Occupancy t the parties hereby recognize and understand that for each and every day on which ssid portion of the premises is utilized, OWNER shall be subject to a crimin81penalty . OWNER. hereby. agrees that upon.execulion. of this Agree'ment. .it shall provide . proof of authorization to sign, which authorization shall be altattaed and Incorporated herein. COLLEGE STATION shall have the right to declare . ~e Agree~ent' breached for nonperformance if COLLEGE STATION determinee that the -4- Agr...ment.is not being executed. aCCOrding. to. its understan,dingQf the Int~htandm.8nlng of the Agreement. .:Such breach. BhattU not in any.way invalidate OWNER's performance obligations u"der the Agreement. It Is underatoodthat this Agreement shall begovemedby,conslrued and enforced in accordance with, and subject to the. laws 'of. the State .of Tex8S~ Thepartlss agree that venue shall lie in 8 court of competent juri.diction In Br8%osCounty ,Texas. The parties agree that they have read the terms of this Agreement and famillarizedthemaelves Wiln. the. requirements . hereunder. and' agree. that they understand 'their rights and responsibilities hereunder. It Is understood and agreed thet .thla Agreement shall be binding upon and inure to the benefit Of the parties and their respective heirs, le8fSeel5, representativ8S,SU0C8SS0rsandassigns. , This Agreement .hell be filed of record in the. OfflclalRecords of Brazos County,Texas. CITY OF COLLEGE STATION Attn: Director of Development Services 1101 Texas Avenue College. Station. Texas 77845 DTIINVESTMENTS. INC. Attn: David Alkosser& Israel Weinberg On. . Pacific Plaza 77SSCenterAvenue, No. 380 Huntington Beach. CA92647 , ..AU.notices .and. documents ahall be. deemed received. when mailed with suffioient postage and deposited ina regular mailbox of the United States -5.. If It isdetennlhed that COLI..EGESTATION had no Quthorlty to enter Into this Agreement for a Temporary Certificate of Occupancy, then OWNER agre88. that it. shall cease. all operations . and occupancy of the. portion of the prernl... subJect to . Building. Pennlt No. 9401 0638nd that. it sh.n constrl.lct the permitted improvements required to obtain 8 Permanent Certificate of Occupanoyln. .~rd8nC8 with... City of . College Station Subdivision..RegtjlaUone;. 8.8cn. party being considered to be returned to the position he was in before he entered into this Agreement. In the event of litigation. OWNER agrees to pay and ehaUpay all of th. attorney'sfe8s, ,CQurt costs and other UUgatiol"lcosls of COLLEGE STATION. :;~Gff't~ Elrey Ash. Director of Economic & Development Service. ! ACKNO~EDGMENT ..6- U I f'~.~~{:;:fN v I:.p I MEN I ~., 1 N C . .CA&.IFORNIA ALL..PURPO.8E ACKNOWLEDGMENT 16:28 No.GO? P.O? DESC.RIPTIONOf ATTACHED DOCUMENT 01993 NATIONAL NOTARVAS90C1ATION. 8236 Remmel. Ave.. P.O. Box 7184- Oanoga Perk. CA 91909.7f84