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Home My WebLink AboutLegal DocumentsJLw/sia I'1'JL. L"J1 o ~ DEDICATION OF EA~~MENT i; _ ~ "-- h„~, ~ ~ r'+ ~~ tip; STATE OF TEXAS ~ § _ _ __ .a COUNTY OF BRAZOS ~ .~_ t "~ ,..... ,... I ._,.,.., Now comes- First Federal Savings Bank, Bryan, Texas ..(hereinafter referred to as "First Federal"), the owner of Lot 4R- A, Block 14C and Lot 5R, Block 14C, Southwood Valley Section 19 Resubdivision, College Station, Brazos County, Texas as depicted by plat recorded in Volume 1074, Page .215, Official Records of Brazos County, Texas; and WHEREAS, First Federal desires to dedicate that portion of Lot 4R-A, Block 14C, Southwood Valley Section 19 Resubdivision,. College Station, Brazos County, Texas to be used as a .variable width parking and access easement `by the owner of Lot 5R, Block 14C, Southwood Valley Section 19 Resubdivision, College Station, Brazos County, Texas. W I T N E S S E T H: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, First Federal does hereby dedicate that portion of Lot 4R-A, Block 14C, Southwood Valley Section 19 Resubdivision, College Station, Brazos County, Texas as more fully described on Exhibit "A11 attached hereto as a variable width parking and access easement for .the use by the owners and occupants of Lot 5R, Block 14C, Southwood Valley Section 19 Resubdivision, College Station, Brazos County, Texas. The right to use such property described on Exhibit 11A" shall not be exclusive and. may be used by the owners of Lot 4R-A, Block 14C, Southwood Valley Section 19 Resubdivision, College Station, Brazos County, Texas; provided, however, such use does not interfere with the use of said property as a variable width parking and access easement by the owners and .occupants of Lot 5R, Block 14C, Southwood Valley Section 19, College Station, Brazos County, Texas. The dedication of said easement is for private access and shall not grant any rights of access or any other rights to use the property described on Exhibit "A" without the .express written permission of First_Federal. This dedication shall be binding upon First .Federal, its successors and assigns. 1 ~~1- ~l0 3 JDw~si~ rrsL.r~s•r ~.~. Witness our hands this _1~ day of March, 1994. FIRST FEDERAL- SAVINGS BANK, BRYAN, .~EXA ~~ By : T_ Name: ~~. -. ~, y~y~- Title: 1 ~~,~_ ~.<s:,~~~ STATE OF TEXAS ~ COUNTY OF BRAZOS § This instrument was knowled ~ before me on this. the day, f rch~~ 1994 by _~,(,r~/-~C2.- eT~~ ' ~j~Qr~s;,/e.,'Y of First Federal Savings Bank, Bryan, Texas, a savings bank, on behalf said bank. .ca..~c~- -~~- a`'~=`'•'' MIELISSA R. CRZLER Notar Public, S to o g~a Q / (y : ~`1, Notary Public, statenfTe~s My Commission Expires: v- / / ~/ *\f MY Commission Expires '' NOVEMBER 29,1997 2 i' i AGREEMENT FOR TEMPORARY CERTIFICATE OF OCCUPANCY THIS AGREEMENT is entered into by and between the City of College Station, a Texas Home Rule. Municipal Corporation, (hereinafter referred. to as "COLLEGE STATION" and First Federal Savings Bank, its lessees and/or assigns (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 prem- ises." Such premises. are .described as #ollows: Lot 5R, .Block 14c, Southwood Valley Subdivision Section 19, College Station, Brazos County, Texas, more commonly known as 2202 Longmire, College Station, Texas, 77845. WHEREAS, COLLEGE STATION requires full compliance with its building codes, subdivision ordinance, #ire codes and all other ordinances passed by it; WHEREAS, a certificate of occupancy cannot be issued where construction is incomplete and not in compliance with City codes, ordinances or conditions of devel- opment approval; WHEREAS, OWNER has received a building permit from COLLEGE STATION; WHEREAS, COLLEGE STATION-.furnishes electric utility service within the city pursuant to its certificate of convenience and necessity; WHEREAS, COLLEGE STATION furnishes water and sewer utility service within the city; WHEREAS, as a condition of the provision of electric, water and sewer service, COLLEGE STATION requires the meeting of all ordinances with the issuance of a certificate of occupancy; WHEREAS; OWNER. has not -met all of the conditions to the issuance of a certificate of occupancy; WHEREAS, OWNER's construction is substantially complete with all required infrastructure in place; WHEREAS, all life-safety. codes and requirements .have been met; WHEREAS, OWNER requests that a temporary certificate of occupancy be granted to it while it comes into compliance with COLLEGE STATION ordinances; WHEREAS, COLLEGE STATION policy-requires. the withholding-of the certifi- cate of occupancy un±iJ all construction-related ordinance requirements have been met; js/c~uly94/firstfed 1 D/28/94 WHEREAS, the Building Official and l=ire Marshall do not object to the issuance of a temporary certificate of occupancy for the- use of the building in its current condi- tion; WHEREAS, COLLEGE STATION policy. requires that utility service not be provided until a 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 premises, WHEREAS, OWNER promises. to use its best efforts to come into compliance with COLLEGE STATION ordinances and complete the construction of all permanent facilities on or before the deadline established herein; and WHEREAS, subject to the following terms and conditions, COLLEGE STATION agrees to permit use of the premises under a temporary certificate of occupancy; NOW,. THEREFORE, for and in consideration of the recitations listed above and the covenants and agreements provided below, the parties agree as follows: 1. OWNER shall provide a .performance bond in the amount of One Thousand Two Hundred Thirty and No/100's Dollars ($1,230.00), which sum shall guarantee compliance with the following ordinance requirement on or before the 15th day of September, 4998: a. Construction of .curbs and gutters along the entire southern boundary of the premises as required by City. of College Station Ordinance No. 1:638,. Section 9.2 D; however, installation of said curbs and gutters will not be required as a condition of Owner's performance of this Temporary Certificate of Occupancy in the event .that the Owner completes a :substantial expansion of the existing subject premises on or before September 15, 1998. 2. COLLEGE STATION shall issue a temporary certificate of occupancy contingent on OWNER's compliance with the terms of this agreement and all COLLEGE STATION ordinances, ,COLLEGE STATION will provide water, .sewer and electric utility service: to the premises under the temporary certificate of occupancy. 3. OWNER shall within thirty (30) days from the signing of this agreement, place. temporary wheel stops end to end with no .gaps except. for two (2) gaps neces- sary to allow for drainage of the premises, which gaps shall be no longer than two feet (2') in length. 4. In the event that OWNER defaults in the .performance of the terms of this. agreement, OWNER understands and agrees as follows: a. That the tendering of this document, along with a sworn statement of the Director of Economic & Development Serv- ices that OWNER is in default of the terms herein, shall constitute sufficient evidence for confession of judgment and OWNER agrees that it does hereby confess judgment. _2_ js/c/july94/frrstfed 10/28/94 constitute .sufficient: evidence for confession of judgment and OWNER agrees that it does hereby. confess judgment. b. That COLLEGE. STATION shall be entitled upon twenty-four (24) hours' noticeposted on the premises to disconnectall utility service. c. That COLLEGE STATION shall. be entitled to an injunction against OWNER prohibiting the use of the premises for. any commercial purpose to which the public is invited. d. That COLLEGE'STATION shall. be entitled to Two Hundred Dollars ($200.00) per day for each day .that OWNER violates the #erms of this. agreement as liquidated damages. e. That COLLEGE. STATION shall be entitled to pursue any other remedy available to it. 5. In the event 'that OWNER does not comply with all the requirements of this agreement and COLLEGE STATION .does not issue a permanent .certificate of occupancy, then. this temporary certificate of occupancy shall immediately terminate upon the 22nd day of September, 1998, and OWNER shall cease utilizing the prem- ises. 6. The time for compliance 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. -The amount of liquidated damages for OWNER's failure #o meet the deadline is fixed and agreed on by OWNER because of the impracticability and extreme difficulty in fixing and ascertaining actual damages that the City would in such an event sustain and because COLLEGE STATION has authorized a temporary certifi- cate of occupancy to OWNER`s financial and personal benefit. The amount to be charged is agreed to be the amount- of damages that COLLEGE STATION would sustain and shall be retained by COLLEGE STATION. 7. COLLEGE STATION at its option may make a claim on the Performance Bond No..~c~ ~--~ 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 STATION ordinances and the terms of this agreement and does not. cease utilizing the premises upon the revocation of the temporary. certificate of occupancy, the parties hereby recognize and understand that for each and every day on which the premises are utilized, UWNER shall be subject to a criminal penalty. 9. OWNER hereby agrees that upon execution of this agreement, it shall provide proof of authorization to sign, which authorization shall be attached and incor- porated herein. 10. COLLEGE STATION 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 OWNER's performance obli- gations under the agreement. -3- j s/ c /j u l y 9 4 /f i r s t f e d 10/28/94 11. It is understood that this agreement shall be governed by, and construed and enforced in accordance with, and subject to, the laws of the State of Texas. The parties agree that performance of this agreement -and all matters related thereto shall be in Brazos County, Texas... 12. The parties. agree that they have read the terms of this agreement and familiarized themselves with the requirements hereunder and agree that they under- stand their rights and responsibilities hereunder. 13. It is understood and agreed that this agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, lessees, representa- tives, successors and assigns. 14. It is understood that this agreement contains the entire agreement between the parties and supersedes any and all prior agreements,. arrangements, or understandings between the parties relating to the subject matter. No oral understand- ings, statements, promises 'or inducements contrary to the #erms of this agreement exist. This agreement may be changed only by execution of a written instrument signed by both of the parties. 15. This 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 provided to the parties at the addresses and telephonenumbers Fisted below: CITY OF COLLEGE STATION Attn.:. Director of Development Services. 1101. Texas Avenue College Station, Texas 77845. OWNER:- First Federal Savings Bank 2202. Longmire College Station, Texas 77845 All notices and documents .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 addresses upon thirty (30) days' written notice sent certified mail return receipt requested.. 17. If it is ,determined that COLLEGE STATION had no authority to enter into this Temporary Occupancy Agreement, then OWNER agrees that it shall close opera- tions under the temporary Certificate of Occupancy and :construct the lawful improve- ments required to obtain a permanent Certificate of Occupancy in accordance with City of College Sta#ion Subdivision Regulations, each party being considered to be returned to the position. he was in before he entered into this Development Agreement. 18. In the event of litigation, OWNER agrees to pay. and shall pay all of the attorney's fees, court costs and other litigation costs of CITY. -4- js/c/july94/firstfed 10/28/94 SIN WITNESS WHEREOF, .the-.parties have executed this agreement on the ~$- day of Na~e~~ef' , 1994. OWNER: First Federal Savings Bank f ~._ lL z BY: ~--f Printed Name and Title STATE OF TEXAS CITY OF COLLEGE STATION BY: Elrey Ash, Director of .Development Services ACKNOWLEDGMENT COUNTY OF BRAZOS ) ''tt art' fvOd~M'~~1~ This instrument was acknowledged before me on the day of '~`~ 1994, by ELREY ASH, Director of Development Services for the Ci y of College Station, a Texas Home Rule Municipal Corporation, on behalf of said corpora ion. Notary ublic in and for the State of Texas STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS ) No~uw.I~u' This instrument was acknowledged before me on the /~ day of -dt~r; 1994, by_ 1'~, ~r~-!'- fl~. w', ~t+.an.s~r-, as Fxe~~-I-3v~ V ~ cC President' of First Federal Savings Bank, on behalf of said bank. ,x: ,a-~ TAMMY D. iSBEILI NOTARY PUBLIC ~~-r~: ~~~q C+arrtm~ Exp. iiX 2-96 js/c/july94/firstfed 10/28/9 a Publi i a d f the State of xas -5- ~-° INSURORS INDEMNITY COMPANY TEXAS. STATUTORY PERFORMANCE BOND (PUBLIC WORKS) Bond 4500484 KNOW ALL MEN BY THESE PRESENTS• That First Federal- Swings Bank 2202 Longmire College S:cation, Texas 77845 (hereinafter called;the Principal);' as Principal, .and INSURORS INDEMNITY COMPANY,. a corporation organized and existing under the laws of the State. of Texas, licensed to do business in the State of Texas and admitted to write bonds, as surety, (hereinaher called the Surety),: are held and firmly bound unto City of College Station No/100 1 230.00 (hereinafter called the Obligee),n`theamountof -One Thousand Two Hundred & Thirty& Dollars ($ ~ ) for the payment whereof, the said Principal and `Surety hind themselves, and their heirs, administrators, executors, successors, and assigns, jointly..and severally firmly`bythese presents. WHEREAS, the Principal-has entered into a certain vontract with the Obligee, dated the17 th day of November ,19 94 , for Construction of curbs and gutters along the entire southern boundary of the premises as required by City of College Station Ordinance No. 1638, Section 9.Z D; however, installation of said curbs and ..gutters will not be required •as a condition. of Owner's performance of this Temporary Certificate of Occupancy in the Event that the. Owner completes. a substantial expansion`of-the existing subject premises on or before September 15, 1998. NOW, THEREFORE, THE CONDITION OF THIS- OBLIGATION IS SUCH, That if the said Principal-shall :faithfully perform the work in accordance: with the plans, specifications and contract-documents, -.then this obligation shall be null and void; otherwise to remain in full force. and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all `liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. - IN WITNESS WHEREUF, the said Principal and Surety have signed and sealed this instrument 17th day November, 19 94 APPROVED AS,TO FORM: Obligee ~~~....n.,,,,~ (mil) ~ ''OQt7.•OPQO~r~ ~Q•O ~~• • u~ . .~• .~; .PRINCIPAL:. ~% INSURORS INDEMNITY COMPANY '•._ -ZC "~ • o r Attorney-in-Fact ~~ PPW 7/94 Insurors Indemnity Company 1-817-750-8128 ~' INSURORS INDEMNITY COMPANY P.O. BOX 23004/WACO, TEXAS 76702-3004 POWER OF ATTORNEY - Bond 4500484 KNOWN ALL MEN BY THESE PRESENTS: That iNSURORS INDEMNITY COMPANY, Waco, Texas, organized and'existing under the laws of the State of Texas, and authorized and licensed to do business in;,the State of Texas and the United States of America, does` hereby make, constitute and appoint Ron Williams and Thomas G. Chase, Jr. of Waco,. State of Texas, its regularly elected Executive Vice President and. President, as Attorneys.. in Fact, with full .power and authority hereby conferred upon them to sign, execute, acknowledge and deliver foI• and on its behalf as`Surety`and as its act and deed, all of the following classes ofdocuments to-wit: Indemnity, Surety. and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies' indemnifying employers against loss or damage caused by the misconduct of their employees; official and surety and fidelity bonds.. Indemnity`in all cases'where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company.' • INSURORS INDEMNITY COMPANY State of Texas , } ~ $EAL ~ • ~ County of McLennan } Attes Assistant retary ~~ ..Ron Williams, Executive Vice President , ; On this 19th day of August, 1993, personally came before me Ron Williams, known to me to be the person who executed the above instrument, and acknowledged the execution of the same, and beingby me dulysworn, did depose and say. that he is the Executive Vice. President bf the Insurors Indemnity Company, and that the seal affixed to the above instniment is the seal of the corporation, and that'said corporate seal and his signature as Executive Vice President was duly affuted and ascribed to the said instrument by the',authoriry of the Board of Directors of said corporation. ~,~~~uv nniy r'S ~ U~,C 1= • 6,~f f~ Notary Publi This Power- of Attorney is granted".under and by authority 'of theowing resolutions of the Company 'adopted by the Board of Directors on July 30, 1993: RESOLVED, that alt bonds, undertakings, contracts or other obligations may be executed in the Warne of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions.. Said Power of Attorney shall be executed in the name and on behalf of the Company either by he President or Executive Vice President; under their respective designation.-.The signature of such officer and the seal of the company may be affixed byYacsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding,upon the Company and any such power so executed and. certified by facsimile signature and seal shall be valid and binding,upon the Company with respect to any bond or undertai:ing to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the .terms and limitations of the Power of Attorney issued to hem, to execute and deliver on behalf oLthe Company and to attach the seal of the Company to any and all bonds and undertakings, anc: any such instrument executed by such Attorneys in Fact shall be as binding upon the Company as if signed'by an Executive Officer and sealed and attested to by the Secretary or Assistant /~ Secretary of the Company. i I, Tamttry Tieperman, AssistanCSecretary of Insurots Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions oftt-e said Company as adopted by its Board of Directors on July 30~a993, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. _ ~' I have set my hand and the seal of the INSURORS INDEMNITY COMPANY on this 17th' day of In Testimony. Whereof, November. ,19 94 ~~~r STi~ Tammy Tiepe an; Assistant Secretary 1EIIr~ NOTE: IFYOU IIAVEANY QUESTIONSREGARDING TILE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY CALL 817-750-8128 OR WRITE TO US AT P.O. BOX 2300-f, WACO, TX 76702-3004 ' PAO 11/93