HomeMy WebLinkAbout1985-1618 - Ordinance - 10/10/1985ORDINANCE NO. 1618
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PARKING AGREEMENT
WITH BOYETT INVESTMENTS, LTD., AND SKIPPER HARRIS.
WHEREAS, currently in the Northgate area there exists a serious
lack of parking due to the age of the area, and this inadequate
parking has translated into an overcrowding caused by the stu-
dents parking in the Northgate area while attending classes;
WHEREAS, on Church and Nagel Streets students park approximately
200 cars a day on private property owned by Boyett Investments,
Ltd., and said company has been unable to prevent the use of its
property as a parking lot;
WHEREAS, it is felt that exclusion of automobiles from this tract
will result in a greater health, safety, and welfare problem in
that students will be forced to park their automobiles in other
Northgate areas; and
WHEREAS, Boyett Investments, Inc., and Skipper Harris are desir-
ous of establishing a gravel parking lot on the tract of land
owned by Boyett Investments, Inc., at the corner of Church and
Nagel Streets in compliance with a plan approved by the Project
Review Committee and the Planning and Zoning Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF
COLLEGE STATION, TEXAS:
That the City of College Station has reviewed and considered the
Parking Agreement between the City, Boyett investments, Inc., and
Skipper Harris and hereby authorizes the Mayor to execute the
agreement, a copy of which is attached hereto.
PASSED,
ATTEST:
ADOPTED and APPROVED this the 10th day of October, 1985.
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This is an Agreement pertazning to a project, which shall be_ re-
ferred to as "Parking Lot Plan - The P~m~parts", which shall be located
at Church and Nagle Streets and which consists of approximately 6.23
acres of privately owned land, more or less (hereinafter referred to
as "PARKING LOT" ) .
This Agreement is by and between the City of College Station, a
Texas Municipal Corporation (hereinafter referred to as the "CITY")
and Boyett Investments, Limited, a Texas LLmited Partnership (herein-
after referred to as "INVESTMENTS"), acting by and through its duly
authorized General Partners, ~ R. BOY,ri', A. P. BOk~rl', JR., and
W. C.
WHEREAS, in the Northgate area of the City of College Station
there exists a serious lack of adequate parking for motor vehicles.
Thzs lack of adequate parking repeatedly results in non-ccmpliance
with CITY codes, ordinances and the laws of the State of Texas which
is caused by persons parking motor vehicles in the Northgate area on
public rights-of-way, restrzcted parking areas, no parking areas,
driveways and on private property; and
WHEREAS, such violations of CITY cedes and ordinances and the
laws of the State of Texas present considerable safety and economic
problems for the CITY and the citzzens residing within the CITY; and
WHEREAS, it is necessary for the CITY to protect and preserve, the
safety, health, peace, order, trade and cc~erce_ and prosperity of the
publ lc; and
WHf~EAS, in, on and about Church and Nagle Streets, at the propos-
ed location described in the attached Exhibit "A", approximately 200
cars a day are parked on the private property owned by INVESTMfNTS;
and
WHEREAS, the parties agree that the circumstances have caused
v~olatzon of the codes and ordinances of the CITY and resulted ~n v~o-
latlon of the laws of the State of Texas with respect to the private
property of INVEStMeNTS; and
WHEREAS, INVESTMENTS has long-term plans for such private prop-
erty that do not include development as a parking lot; and
WHEREAS, INVESTMENTS has satisfied all requirements to ensure
that such prope_rty is and re~alns the private property of INVESTMENTS
and has not granted, licensed or permztted, either e~licitly or impli-
citly, any rights to any person or the public with respect to the use
of all or any portion of such private property except in the written
lease agreement hereinafter described; and
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WHEREAS, INVESTMENTS has de~ded that the private ownership and
rights of INVESTMENTS with respect to such private prope_rty be preserv-
ed; and
WHEREAS, the CITY has concluded that exclusion of motor vehicles
frcm such pri~ate property will result in a greater health, safety,
and welfare problem in that persons will be forced to park motor
vehicles in other Northgate areas; and
WHEREAS, INVESTMENTS, without granting, licensing, permitting or
waiving any rights I~ has or my have wlth respect to INVEST-
MENTS ownership, use and enjoyment of INVESTMENTS private property
except as described in the l~e agreement by and between INVEST~4ENTS
and SKIPPER HARRIS or such other private written contract to which
INVES~M]~S~y be a party wishes to enter this agreement.
NOW, THEREFORE, premises considered, and for mutual satisfactory
consideration received by each of the parties hereto, the parties
agree that temporary measures will mutually benefit the CITY and IN-
~. ~ne part~es hereby agree as follows:
1. The CITY will issue a Temporary Certificate of Occupancy
upon the ccmpletion of a gravel parking lot on the tract described in
the attached Exhibit "A" in compliance with the plan approved by the
Project ReviewO~,,,L~tteeand the Planning and Zoning C~,,L=ssion.
2. This permit shall be valid for a period of one year frcm
the date of the issuance of the Temporary Certificate of Occupancy.
3. Upon the expiration of one year from the date of the
issuance of the T~porary Certificate of Occupancy, this Agreement may
be renewed for an additional year upon the application for reissuance
of the Temporary Certificate Of Occupancy.
4. In order to secure a second Temporary Certificate of
Occupancy, all landscaping will have to be added in compliance with
the approved plan.
5. If landscaping is not Installed as of the first date of
the second year, no permit shall be issued.
It is understood that any failure to meet the above obligations
terminates this Agreement and revokes thecondlt~onal occupancy certi-
ficate issued herewith. In such event, use and occupancy of this park-
ing lot and/or buzldings located thereon as a parking lot shall there-
after be unlawful and in violation of CITY ordinances.
1. Violations may be cha~ged for each day of any such viola-
2. ~ne parties hereto agree upon presentation of the affida-
vit of the City Manager to a District Court of Brazos County, that
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any one of the above provlszons has not been conphed with, the CITY
may en3oin the use of the prope_rty as a parking lot.
3. G~ BOY~'I'r, A. P. BOY~.',T, JR., and W. C. BOY~'rr repre-
sent that they are authorized to execute this Agreement on behalf o~
the undersigned buszness entity which is the sole owner of the prop-
erty, and that they are the only general partners of INVES~d~TS.
This Agreement shall be binding on the CITY and INVESTMENTS,
their respective agents, successors, and assigns. An attached copy of
the Pro3ect Review Co~nittee Report and the Planning and Zoning Ccm-
m~ssion minutes are attached and incorporated herein for all purposes.
SKIPPER HARRIS, by execution hereof, and as the lessee of the
property described herein from INVESTMENTS pursuant to as written
Lease Agreement, hereby evidences his agreement for himself, his
heirs, successors, and assigns, to be bound by the provisions hereof
and assume the obligations hereunder andtheLeaseAgre~aaent referred
to here~n.
DA'r~ th~s 6th day of
SKIPPER BARR/S, I~div~dually and
as Lessee of Boyett Investments,
Limited
November , ~85.
X~.,( ,/ .~//
~ H.~, a ~1
Pa~r of ~ett In~nts,
P~tner of ~e~t In~s~nts,
BY:w. ~.'" a ~"~e~'al~ar~ner (
of Boyett Investm~_nts. ~Ln~ited
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OFFICIAL FORM L-I ,~ 1976
BOYEI'T INVESTMENTS,,LIMITED, a Tmxmo Ltm&ced Partnership
SKIPPER LIS
'vVITI~E~SE?PI:
[a~ Ixrfo), klal .~. Tm "~ Tm hlNIr/ tdrll h T-"m"~l da blJov~nm .~--.-,b~l prmeJ
(t~m~tw ~ to u da &mmeJ p~mMm') diummd ,,,P~,- mhe Co~q~ a/ 8raZOS, 5%mCI of Texas,
6.23 acres, more OP leas, aS the northwest corner of the {ntersectlon of Church
Street and Magla Street, College Statton, Texas, and further described as The
Rmmparts Subdtvtslon, Lot Part of C, (1.96 Acres), Lot Part of D (1.01 Acres},
mhd Lot E (3.28~res),
~.snd subject co
~ov~ber 1985 end endtng 31 ~tober 1986 , u~n ae roUo~
~=T~m~y w~chouC o~seC Or deduction,
~t~~~ E~ne Hundred ~
~ ~ ~ b ~ ~ ~m~ mm~ ~i ~ ~e~ent or ~rm~mg the
1900.00 ~ ~t ~ the ~nth of November 1~85,
~900.00 for rent for the ~nth of ~tobee ]985.
J
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3 US~ OF I~I~),fISES. 7be dembed pJudses 8Ju~] be mod and occupied only ~rar the purpose
con~erctal parktng lot faclllt~ for automobiles and 11ght trucks.
for
~greemencs
the demfmd/sma~d~ Jdmly with ~ mi ~ not ~nft[mtL, tfa ];Iwt ~f the dls~dsed l~emues
~1~ A. Tmunt~.m~. hfoodrel~.a~l, eondiUonet Itseq~me_ em:Z risk IJlotber pu~s_ cd'~l~tmfl~nEind e; .~ ~. ..a~u~mut_ m tim deudsed prlmb81 not requlrkd to br mLMtifned by ~ IncJucbng bu~ no
fred ,.~ fup~bJ (~.8]1 noceam~ _Np]~.. ) of d~. wfndov4. ,,,Hndow ~. phta-~, doors, beatlA~ syst.n
~r .eop~lJ..t~eefns mldp?a~ .Ssa...i~ ~ ~ eZevato~, Jrded~ and e~tlr~r ~umbG rotc1 th'e imen~r of
00457,
R the kX'~ d fadim~..~dl.p~._, fadfmr kl~.~'t'~ GaJI. attb, Un. d' ' ,u]~4] dmeh Itmm. repair m; Sand
~'l;~ "._ . . '_' M4~fdlw~sEme~ummbly .~n~K..~ae~, toLind1.Gddallmumk'~aTed
&'.lMta~ - ~m~mmu~. ! .. ~.~ ~,,~ , ,.
.by Itfviaf mx'~lll I~(l~O tO Tmqn~ pl~. to &o ' .cai .~rlk~m ~' termbmthn oJ this m. At ~ dfredoa o[ L~nd]ord. Tenan:
~ ~ ~l~ _llt~llk~ IlddflMus .~d ~luff ~ IJ~ oflMl' ~ qhond h the dembed premJaes
~ Tlmant tull Tauntj~[ ~p/r k s ~nod nd ,,Wh~mli3w mann~ any dmnaO mmnday lur. h zemovl]
d ~ ~ ~ fl~ b~P TIBanL ~ Camfoml with iippJfaiMI I-'61 lad dfld and othm' rES[~ct]oM ?cnin[
. u Temat dudi uae ~ m). opef~nu__ oe e~ttvlty to b~ a]adut, ted or stoup m' m of an~. ?hUb ~ an~ o~u
C..4JIF ~ _my be rebind b ~e Tdunt ,pbut [ms ~e damp m
Il. W~ ~. ~ ~ ~m ~ ~ ~ ~h ~
h d. = bp ~b~ b ~ ~ u~ ~ ~[ a ~ d. b b p~bef, w~cJl
h ~ hp G ~ ~ ~ ~ ~d u~ ap ~,~ M ~..ztsnt that such
b~hpb~~t S~mu~b~ ~ to. and Mt m
~ ~d~ m b ~ p~ ~ b mh~UA~ ~ ~y ~s~yed ~ ~e, to~do or
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l& /,'qDU'MNITY ~ PUBL/C ~
premlm dMmld b~ tebu for .en~.~n~blle w q _rim~po~. un uaa~ nj, [ovet~n. m. uu laes..p .ewd~inu o~ refuhtion or by
10 DEFAULT By T~NAA'Fs TIm fobwbf m sh]l be dNmd to b .ven~ d ddsuk under this leto
.4. Fdlun d Tm to Im~ ny fnmh~t d dm mt~ or o~bn' sum p~nbl, to Lud]~d bmundez on the date
that m is dm, end mdt s-~,~o Mta]~emtbu far m poi'rid d S do),L
m ot~- m d mmuq, mhd mdm/mAim mb~ m bm matured l, dthim~ 80 drop m/m e no'~- th~ m ?~t
C. hsol~m~-F. ,L- --L-N~_ d m tm2dm, fa...fr~, d' w[dft~J, m. th. mt~ ef &q nnflmnent f~ th~ ~t ~r
eredltm by Tm~t ar m~, pmum. d T. mm.f o~...,h. .
D. Fflinf ef · peb'~m mdlr ~F tm~m 4n. dlapta' d th. Nmtlmm] bnbupt~ AM, u tmeud.~., ~ under any
C. bur upm tb dm/d'*lmmbs, by b. ff _neu~my_ ,.v, lem~ tmn~atb~f i h ..d wRhout beiAj
hblt for pweazttm er f~. any ddt& f~_ '.d~ tbwdm'. 8ad do wlut.wr T[am~ b ob~ted to do mdw b te~; ol
with Tmuntm ob~ "~&- d'b basS. t01d~MIr ~d& fhtm'mt tbermu at dm nit d 1~S pm smmm fnnn t~. dite
upnd~d_, u~pit ._La~d3w~.. d"e m lb ~bb bmF "--'-p. mult~ to tls, Tram ~un m~eh m, wb.d~.r
c.bed by mfllpn~ d Landlnd er e~ndn.
hp 4
OOAST
&. AniB~ALt At the ooncluo/on o£ the Lnitial ~,m o~ ~ ~E
~, ~ ~ ~C ~t ~ not ~en Ln ~ult hereunder,
~n~ly ro~n~ ~ the ~a~ pr~aes, ~t s~ ~ ra~ ~1
~tta in~t ~ ~ ~8 ~ ~n~ ~ ~ni~ s~ ~8 and
:e~rds ss ~d my =~re ~ accurately detemine the lniti~
~ ~ taM, ~t a~ ~e~ute a renard1 not less than 30
B. CAHCBLLATZON BY ~s Landlord shell have t~e right co
ca~_t ~hle L~SB ~ a~ anyt~ d~ln9 ~e tern her~f or any
sucaessl~ ~m in the e~nt o~ a sale o~ ~ ~ ~ ~ ~y
~c~ IlO0 ~1o yar~, ~l~s~n~ shell ~ a~ SI1.50 ~ yard
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L.4.NDL.ORD 107 Bo~eCc North TENANT SKYPP£R HARRIS
Co].].e~* ScatS. on, Tax&. 778~,0 P 0 Box 9023
l~n11~_n. ~;tat~nn. TX 77840
LAHDLORD: BOY£~T INVESTHEI~,. LIHITI~D.
· Texaa/L"~[~f'Z~ed Par)gdrah~,~/ ,/
Geo~, Boyett, Ge~rel Partner
A.P.~,'~o),e~./J..Gee.1 ate
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