R2000-054 04-24-00RESOLUTION NO. R2000-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A LICENSE AGREEMENT WITH DONYA L.L.C. TO GRANT
A LICENSE ON REAL PROPERTY OWNED BY PEARLAND FOR USE AS
A PARKING AREA.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain License Agreement by and between the City of Pearland
and Donya L.LC., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest the original of the attached License Agreement with
Donya L.L.C., for and on behalf of the City of Pearland, to grant a license on real
property owned by Pearland for use as a parking area.
PASSED, APPROVED and ADOPTED this the 24th day of
April , A.D., 2000.
ATTEST:
APPROVED AS TO FORM:
D,~RRIN IV[. ~OKER
CITY ATTORNEY
TOM REID
MAYOR
LICENSE FOR PARKING
THE STATE OF TEXAS
COUNTY OF BRAZORIA
That the City ofPearland, Brazoria County, Texas (hereinafter "Pearland"), the owner and
holder of the Real Property described in the attached Exhibit "A" for and in consideration of the sum
ofTen Dollars ($10.00) paid, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, does hereby grant and convey to Donya L.L.C. (hereinafter
"Donya"), and its successors or assigns, an exclusive License, for use as a parking area, over and
across the properties described in the attached Exhibit "A."
The license herein granted shall be used for purposes of ingress and egress over and across
the property described in Exhibit "A" and for the passage and parking of motor vehicles into, out of,
on, over and across all parking areas, driveways, and service areas from time to time established
within the property so described, exclusively by Donya, its tenants, and their business invitees.
Donya at its sole expense may, but is not obligated to, develop the above described property
by placing curbing, pavement, landscaping, and parking striping similar to, and of the same quality
as that it has on its property that is located adjacent to and contiguous to the above described
property on the northeast property line which is owned by Donya. The curbing, pavement,
landscaping, and parking striping shall be done in accordance with City of Pearland promulgated
Building Codes and Standards that are applicable.
Donya, for a period of one (1) year from the date of this agreement, is hereby granted and
shall have an option to obtain a non-exclusive license, for use as a parking area, over and across the
property described in Exhibit "A." By exercising the option, Donya at its sole expense is obligated
to develop the property depicted in Exhibit "A" in accordance with plans and specifications
approved by the City Engineer.
Pearland agrees to waive any required on-site detention on the aforementioned property.
However, Donya agrees to pay the necessary fees to purchase off-site regional detention space within
the City. Any detention fees assessed shall be calculated by the City Engineer in accordance with
applicable City of Pearland ordinances.
If, within one year of the date of the grant of this License, Donya has not commenced the
development of the property as above described this License herein granted shall be terminated
ten (10) days after notice to Donya, sent by mail to its last known address. All terms contained
herein shall become null and void and without effect on that termination. Neither party shall have
a cause of action against any other party for the termination of this License for noncompliance with
this development.
1
The Grant of the License shall be for a term of twenty-five (25) years. On each twenty-fifth
(25~) anniversary, the License shall automatically renew for twenty-five (25) years unless Pearland,
or its successors or assigns, give notice of termination of this License by providing six (6) months
written notice to Donya at its last known address and payment to Donya of the appraised value of
the improvements then existing on the above-described property which have been placed there by
Donya, or its successors or assigns, and which are not removable upon the termination of this
License.
Donya may terminate this License at any time by providing the City of Pearland notice of
its abandonment of the parking area usage. In the event Donya terminates the usage of the parking
area, no funds are due Donya for the value of the improvements on the described property, fi.om the
City of Pearland.
EXECUTED and EFFECTIVE this the
day of .,2000.
ATTEST:
CITY OF PEARLAND
Young Lorfing
City Secretary
By:.
Glen R. Erwin
City Manager
DONYA, L.L.C.
By:
Printed Name:
Title:
2
STATE OF TEXAS §
COUNTY OF BKAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
~ A.D., 20__
DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~ known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
., A.D., 20
DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
The Grant of the License shall be for a term of twenty-five(25)years. On each twenty-fifth
(2561)anniversary,the License shall automatically renew for twenty-five(25)years unless Pearland,
or its successors or assigns, give notice of termination of this License by providing six (6)months
written notice to Donya at its last known address and payment to Donya of the appraised value of
the improvements then existing on the above-described property which have been placed there by
Donya, or its successors or assigns, and which are not removable upon the termination of this
License.
Donya may terminate this License at any time by providing the City of Pearland notice of
its abandonment of the parking area usage. In the event Donya terminates the usage of the parking
area,no funds are due Donya for the value of the improvements on the described property,from the
City of Pearland.
EXECUTED and EFFECTIVE this the c I —day of Aee/(, , 2000.
ATTEST: CITY OF PEARLAND
.
- ,I (L.-
ung L• ' ' Glen R. Erwin
ty Seary City Manager
DONYA, L.L.C.
•
By:
Printe Name: mze,0 .eNo.NSoaf
Title: fiorw44p✓'
2
STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R.Erwin,known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS -' DAY OF
A o?�Q�v , A.D., 20 00 .
NOTARY PUBLIC IN AND FOR THE
MELISSA HARRIS STATE OF TEXAS
ki. }� Notary Public,State of Texas •Printed Name \
� = My Commission Expires T e j tS
,
•? July 19,2003 (,( r Y_I_�
My Commission Expires: 7- iq-0 3
STATE OF TEXAS §
COUNTY OF e Q/.Z- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
KA2EM KMo , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS-r4 DAY OF
, A.D., 20 ed .
NOT C IN E
STATE OF TEXAS
Printed Name: `CcN46.11.- \\\Ata_%\a.t
ri.;if
° MARY MARQUEZ My Commission Expires: a``' Q
NOTARY PUBUC
State of Texas
Comm.Exp.02-01-2003
3
City of Pecrl~nd
L~brary
Property Line
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EXHIBIT
Pee-Oee, N,V,
Vol. 1768, Pg. 205
B.C.D.R.
Liberty Drive
Sent By: HP LaserJet 3100; 7136755269; Apr-3-O0 2:20P~; Page 2/2
City of Pentland
Offtce of the City Attorney
3519 Liberty Drive
Pearla~xd, Texas 77581
DONYA, LLC
2909 tlilleroft Suit 100
Houston, Texas
April 3, 2000
Attn: Dan'in M. Coker
City Attorney
Re:
License for use of City Land for Parking
May expiration
In our agreement for a License to use City property it called for the developmeut to be done in
one year from the date of the license, i would like to request that this time be expa~ded now for
Donya to et)mmence the development work for two years our the license would be revoked.
I undepo-tand that this request has been previous conveyed to other parties at the City and they
have signified agreement.
I will be looking forward to hearinl~ from you if additional time is tbr thc development is
acceptable to the City of Pearland.
Please either contact me or Eric Mc Anclly at 713,63'5.6441 at your convenience.
Member