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Home My WebLink AboutLegal Document 1. .. AGREEMENT FOR TEMPORARY..CERTIFICATEOF OCCUPANCY THIS . AGREEMENT. is entered into by and between the. City of College Station, a Texas Home Rule MunicipalCoFporation, (hereinafter referred to as "COLLEGE STATION") and Grace Bible Church of College Station, Texas, a Texas Non-Profit Corporation, itslesseesandl.orassigns (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 · are described as . follows: Being all that certain tractor parcel of landlymgandbeing situated in the Crawford BumettLeague, Abstract No. 7 in College Station, BrazosCounty~ Texas, and being all of the tract called 4.49 acres conveyed toOtace . Bible . Church by the Most . Reverend John McCarthy, Diocesan Bishop of the Roman Catholic Diocese of Austin, Texas by deed. recorded in Volume 997, Page 559 of the Official. Records of BraZos County, Texas, this tract being more commonlykrlownas 701 Anderson, College Station, Texas 77840. WHEREAS, COLLEGE STATION requires full compliance with its building codes,. subdivisionordman.ce,fwe. codes and all other. applicable ..ordinances; WHEREAS, a certificate of occupancy . cannot be issued where landscaping is incomplete.. and . not .in compliance with . City codes, ordinances or conditions of devel- opment approval; WHEREAS, OWNER has. received.abuildingpermitfromCOLLEGE.STA TION; WHEREAS,. COLLEGE STATION .fumishes. electric .utility .service within the City pursuant..to .. its . certificate... of convenience.; and necessity; WHEREAS,COLLEGESTATIONfumishes water and sewer utility servIce within the City; WHEREAS, as a. eonilition of the provision. of electric, water. and sewer service, COLLEGE STATION requires the meeting of all ordinances with the issuance of a certificate of o.c cup aacy; rrwlc:lagreementlgracetco - 1- WHEREAS, OWNER has not met all of the conditions to the issuance of a certificate .ofocc.upancy; WHEREAS, all. life-safety codes and requirements have been met; WHEREiAS, OWNER . requests that a temporary. certificate of occupancy be granted to. it while it comes into compliance with COLLEGE STATION ordinances; WHEREAS, the Building Official and Fire Marshall do not object to the issuance of a. temporary certificate.. of occupancyfortheuse..of the building in its. current.. condition; . WHEREAS, COLLEGE STATION policy requires that utility service not be provided Wltila certificate of. occupancy . is.. granted; WHEREAS, OWNER agrees to comply with all City ordinances and guidelines in order to operate under the temporary certificate of occupancy until such time as it complies with this Agreement and a permanent certificate of. occupancy. is issued on the pretmses; WHEREAS, OWN"Eltpromises tou.se its .bestefforts to come into compliance with. COLLEGE STATIONordfuances . and >complete. the landscaping of all permanent facilities on .or before the deadline established herein; and WHEREAS, subject to the following terms and conditions, COLLEGE STATION agrees topermituseofthe.premises..under.atemporarycertificate ofo.ccupancy; NO\V,THEREFORE, ..fOf.. and in consideration of the recitations listed above and the. covenants. and agreements provided below, the parties . agree .as. follows: 1. OWNER shall provide an assignment of Account # 8350173319 plus all extensions, renewals, modifications. . and . substitutions attached herewith and incorporated into thisAgreement,mamtamedbyOWNERatVictoriaBank and Trust in Bryan, . Brazos County, Texas in theamollllt of Twenty~Nine Thousand Two Hundred Ninety~Eight and 451100 Dollavs-($29,298.45) to COLLEGE STATION, which sum shall guarantee compliatlcewiththe following ordinance . requirement OR .orbefore ..April 2nd, 1995: rrwl c:lagreemen tlgracetco -2- , " 2. COLLEGl$ STATION shall issue a temporary certificate of occupancy contingent. onOWNiER.'s;compliance with the terms of this Agreement and all COLLEGE STATION .ordinances.e()LLEGE.STATIONwill provide water, sewer. and electric utility service tfl thepremisesUBder the..temporary . certificate. of occupancy. 3. In the event that OWNER defaults in the performance of the terms of this agreement,.. OWNER. understands. and agrees ..as follows: 3. That the tendering of this document, along with a sworn statement of th.eDirectorof .Economic.. &. DevelopmentServ- ices that OWNER is in default .of the terms.. herein, shall constitute . sufficient evidence for confession. of judgment and O"\VNERagrees that it .does.. hereby confess judgment, which will thereby allow College Station to draw on OWNER's AccoUDt#. 8350 173319fo{ the full amount of said account as said account has been assigned to COLLEGE STATION. b. That COLLEGE STATION shall be entitled upon twenty-four (24)homs notice posted on the premises to disconnect all utility service. c. That .the temp.orary certificate of occupancy shall automatically terminate and that COLLEGE STATION shall be entitled to an injunction against OWNER. prohibiting the use....ofthepremisesfor.anycommercial purpose to. which the public ... is . invited. d. That COLLEGE STATION shall be entitled to Two Hundred Dollars... ($200. 00) per .dayfof each day that OWNER violates theteIDlsof this Agreement as liquidated damages. e. That COLLEGE STATION shall be entitled to pursue any ather. remedy~vailableto it, including but not limited. to any action..for a... deficiency judgment in an amount greater than that secured by Account # 8350173319 in the event that OWNER. does not comply with all the requirements of this Agreement. 4. Unless terminated earlier by OWNER's default, this temporary certificate of occupancy shall immediately terminate upon the 9th day of April, 1995, and OWNER shall cease utilizing the premises. rrw/ c:/agreement/gracetco - 3- \ " " ' 5. The time .forcempliance.with the requirements is a reasonable time .for the completion of each, taking into consideration all conditions, including but not limited to the average climatic change and conditions and usual industrial conditions prevailing in this locality. 6. In the event that OWNER does not comply with COLLEGE STATION ordmancesandthe temsof this Agreement and does not cease utilizing the premises upollthe revocatiol1e>f the tempofaty certificate of occupancy, the parties hereby recognize and nnderstandthatfor each and every day on which the premises are utilized, withoutsaidtempofatycertificateof occupancy, OWNER shall be subject to a criminal penalty. 7. OWNER. hereby.. agrees that upon .... execution of this Agreement, it shall provide proof of authorization to sign, .wmch authorization shall be attached and incor- poratedherein. 8. COLLEGE.STATION.initssolediscretion shall..have the right to declare the Agreement breached for nonperformance if COLLEGE .. STATION determines that the Agreement is not being executed according to its understanding of the intent and meaning of the Agreement. Such breach shall not in any way invalidate or waive OWNER's performance obligations under the Agreement. 9. It is understood that this Agreement shall be. govemedby,an.d construed and enforcedm accordance. with, . and subject to, the laws of the State of Texas. The parties agreethatp.errormance of this Agreement and all matters related thereto shall be in. Brazos..County,.Texas. 10. The parties 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 Fesponsibilitiesdhereunder . 11. It is understood and agreed that this Agreement shall be binding upon and shall inure te the benefit of the parties and their respective heirs, lessees, representatives, successors . and assigns. 12. It is understood that..this Agreement . contains. the entire. Agreement between the parties andsu.pers~desatlY and all prior agreements,auangements, or understandings between the partlesrelating to the subject .mattef. No oral understandings, statements, promises or mduc~mentscontraty to theterinsof this Agreement exist. This Agreement may be changed 0n1yby e~eeu.tion of a written mstrulnent signed by both of the parties. rrwlc:lagreementlgracetco -4- 1. . ''- J 13. This Agreement shall be filed of record in the Official Records of Brazos County, . Texas. 14. All notices..an.d. .documents required herein shall be sent and provided to . the parties at the..addtess,esandtelephonenumbers . listed below: CITY OF COLLEGE STATION Attn.:. ....Director. of.Development...Services 1101 Texas Avenue College Station, Texas 77845 OWNER: Grace Bible Church 701 Anderson College. Station, . Texas .77840 All notices and do.cuments shall be deemed received when mailed with sufficient postage and deposited in a regular mailbox of the United States Post Office. The parties may change.. addresseStip.ollthirty (30) days' written . notice sent certified mail return receipt ..requested. 15. Ifitisdetertninedthat COLLEGE STATION had no authority to enter into this Temporary Occupancy Agreement, then OWNER agrees that it shall close operations under the temporary Certificate of Occupancy and construct the lawful improvements required..toobtaina...permanentCertificate....of.Occupancy ... in.. accordance with City of College Station ..SubdivisionRegulations, .each.. party . being considered ... to be retumed to the position he wasinbef()fe he entered into this Agreement. 16. Jnthe event of litigation, OWNER agrees to pay and shall pay all of the attomey'sfees, court costs and other litigation costs of CITY . parties have executed this agreement on the , 1994. OWNER: Grace Bible Church CITY OF COLLEGE STATION BY: d rrw/c:/agreement/gracetco - 5- (. J .. t STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) Thisii~stnmlen.t",~~)~ck.nowle4gedb~tofelne ontheJ. ':)T . . day of December, 1994, bYELREYt\Sl'J">J#)~~ct{)l"ofl)eyel?~menl~ervices.for.the City....of College Station, a Texas Home Rule Municipal Corporation, .on behalf of said corporation. Notary. Public in and for the. State.. of Texas STATE OF TEXAS ) ) COUNTY OF BRAZOS ) ACKNOWLEDGMENT T............hi......tb:............i. J...n.................s..........trum..i...............,..........................~.................... .......t....U.W.........i..........a..........s...........................~.................i.ii.....l..rn...................o...... w........\2(...l.......e.....,d.g.....e...d.............b...........e.........,f1...0...i..l". e.m.... ..e.)....o.. D.... the.......Y... .. . i.. .... .' da.y.... ... O.'.f.D... e.cember, 1994, by..... > .................~\<.i .............->..........?f'..."...9v/........................ ... ......as . . '.. OJ2;f).QV . .. .. .. '..of GraceBibleChU(ch~onb~halfof said church. - ~. Notary Public in and for the State ..0fTexas ~ DEBORAH ANN GRAtE NOTARY.PUBlIC Stateof./Texas Comm.Exp.04.14.97 rrw/c:/agreementlgracetco -6-