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HomeMy WebLinkAboutCorrespondenceJennifer Reeves - RE: Landlord's Paragraph 6 Fox & Hound Extension Page 2 n ru iz(a)-ci.college- station.tx. us www.ci.college-station.tx.us College Station. Embracing the Past, Exploring the Future. >>> "Clint Schroff' < clint _clarkewyndham.com 02/20/03 11:35AM >>> <<FOX Exntension Para6.doc>> Hi Natalie: Attached is paragraph 6 of the Fox & Hound Extension. It is both the Landlord and Tenant's sincerest intention to maintain the 505 Center to the highest standards. In addition to the Tenant picking up the parking lot, the Landlord is contracted with EnviroCare to porter the parking lot on a daily basis and also with Service Maintenance to sweep the parking lot with a sweep truck on a weekly basis. Thanks you for your assistance, Clint Schroff College Station. Embracing the past, Exploring the future. Jennifer Reeves - RE: Landlord's Paragraph 6 Fox & Hound Extension Page 1 From: Natalie Ruiz To: Clint Schroff Date: 2/20/03 3:29PM Subject: RE: Landlord's Paragraph 6 That shouldn't be a problem. Thanks! Natalie Thomas Ruiz, AICP Development Manager City of College Station Phone (979) 764 -3570 Fax (979) 764 -3496 nruiz @ci.college - station.tx.us www.ci.college - station.tx.us Fox & Hound Extension College Station. Embracing the Past, Exploring the Future. >>> "Clint Schroff' <clint @clarkewyndham.com> 02/20/03 03:27PM >>> Thanks for your help. I will be happy to send him a copy of the agreement with paragraph 6 in it, but I will be required to black out the rental rates and financial info. Think Mr. Lehtonen can understand and appreciate this aspect of it. Clint - - - -- Original Message---- - From: Natalie Ruiz fmailto:NRUIZeci .college- station.tx.us1 Sent: Thursday, February 20, 2003 3:22 PM To: Clint Schroff Cc: Jennifer Reeves; robertwillis1ahotmail.com Subject: Re: Landlord's Paragraph 6 Fox & Hound Extension Good afternoon Clint! I just wanted to follow -up & document what was agreed to with respect to the Fox & Hound expansion. In exchange for Mr. Lehtonen not opposing the permit, you agreed to modify the lease agreement with Fox & Hound to read as follows: Paragraph 6 - Each night after close of business and before 6 a.m. the following morning, the lessee shall remove all beer bottles and cans, and other trash generated from tenant's guests, from the Shopping Center site and from the 511 University Drive East property directly adjacent to the 505 Shopping Center. Landlord will place additional garbage cans within the 505 University Center for the collection of garbage. You will need to forward a copy of the agreement to Mr. Lehtonen so that he will have it for his files and for future reference. Mr. Lehtonen & I both appreciate your willingness as the management company, to ensure that this provision is enforced. I'm glad that we were able to work out this issue before tonight's P &Z meeting. Please let me know if you have any questions. Thanks again for your help! Natalie Thomas Ruiz, AICP Development Manager City of College Station Phone (979) 764 -3570 Fax (979) 764 -3496 V 500 -�-1g .-C3 CC, ATTORNEY AT LAW February 18, 2003 Jennifer Reeves Staff Planner City of College Station P.O. Box 9960 College Station, TX 77842 RE: Conditional Use Permit for 505 University Dr. East ( "Subject Tract ") Dear Ms. Reeves I am the owner ;in fee simple of the professional office building located on Lot 2, Block F, College Heights Resubdivision according to plat recorded in Volume 466, Page 145, Deed Records Brazos County, Texas locally known as 511 University Drive East. This 1.18 -acre site lies immediately east and adjacent to the subject tract. Among other rights and privileges attendant to my fee ownership, is the right to use and lease the parking spaces on my property to the exclusion of all third parties. There are no reciprocal or perpetual parking easements of public record that encumber or commit my vested title. My first concern is whether the applicant can demonstrate that sufficient parking exists to accommodate the proposed expanded nightclub use. In Case No. 93 -175 when a Conditional Use Permit was granted to allow a nightclub at 505 University Drive East, Ms. Sabine Kuenzel Staff Planner, City of College Station addressed the parking space requirement in a letter to me dated January 4, 1994 as follows: "I looked only at the 8 buildings located on Lot 1. Parking as required by the older parking ratio included an assumption that up to 25% of the leaseable space within a shopping center could be devoted to such intense uses as theaters, restaurants, and nightclubs. Lot 1 provides 180 parking spaces and offers 32,899 square feet of leaseable space. The square footage that may be devoted to intense uses is 8166 square feet (underlining mine) and The Bull and Bear will take up 6700 square feet if approved." The current application proposes to expand the nightclub an additional 1500 square feet to a total of 8200 square feet. Without question, this would expand the intense use to be in excess of the 25% limitation without adequate parking. My second concern relates to the trash and debris currently generated by the nightclub, which adversely impacts the cleanliness of my property on a daily basis. In 1994, in consideration of my agreement not to oppose the nightclub use permit, the applicant/owner entered into a written agreement with me, dated January 6, 1994, to pick up, clean and remove, on a daily basis, all debris placed upon my property attributable to its operation. I remain convinced that the agreement was entered into with utmost good faith, however, its execution on an operational level fails to fulfill its intendment. I respectfully request the Commission to defer action on the Conditional Use Permit until the proposed use meets the minimum established standards and that reasonable restrictions are imposed to mitigate the adverse effects on my property. Sincerely, Alfred Lehtonen 700 DOMINIK DRIVE / COLLEGE STATION. TEXAS 77840 / (409) 693 -0261