B.2.3-B.3.3 - 907-09 Congress Ave - Draft covenant — original pdf

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OWNER: OWNER ADDRESS: CONSIDERATION: PROPERTY: RESTRICTIVE COVENANT H. Dalton Wallace 9505 Johnny Morris Rd. Austin, TX 78724 Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the City of Austin to the Owner, the receipt and sufficiency of which are acknowledged. 907 and 909 Congress Avenue, Austin, TX 78701 (the “Property”), generally identified in the map attached as Exhibit “A”. WHEREAS, the Owner of the Property and the City of Austin have agreed that the Property should be impressed with certain covenants and restrictions; WHEREAS, the Owner intends to redevelop the Property, and, in order to do so, has applied to the City of Austin Historic Landmark Commission and received a Certificate of Appropriateness to allow for demolition and reconstruction of the building façades; NOW, THEREFORE, it is declared that the Owner of the Property, for the consideration, shall hold, sell and convey the Property, subject to the following covenants and restrictions impressed upon the Property by this restrictive covenant (“Agreement”). These covenants and restrictions shall run with the land, and shall be binding on the Owner of the Property, its heirs, successors, and assigns. Façade Reconstruction. Owner shall deconstruct the building façades pursuant to the requirements of the Certificate of Appropriateness, attached as Exhibit “B”, and shall ensure the façade components are protected and stored for their later reconstruction at the Property. Owner shall have three (3) years from the from the effective date of this covenant to complete reconstruction of the façades in accordance with the requirements of the Certificate of Appropriateness. If any person or entity shall violate or attempt to violate this Agreement, it shall be lawful for the City of Austin to prosecute proceedings at law or in equity against such person or entity violating or attempting to violate such Agreement, to require appropriate actions as indicated under the Agreement, and to collect damages for such actions or inactions. If any part of this Agreement is declared invalid, by judgment or court order, the same shall in no way affect any of the other provisions of this Agreement, and such remaining portion of this Agreement shall remain in full effect. 1. 2. 3.  If at any time the City of Austin fails to enforce this Agreement, whether or not any violations of it are known, such failure shall not constitute a waiver or estoppel of the right to enforce it. This Agreement may be modified, amended, or terminated only by joint action of both (a) a majority of the members of the City Council of the City of Austin, and (b) by the Owner of the Property, or a portion of the Property, subject to the modification, amendment, or termination at the time of such modification, amendment, or termination. EXECUTED this the ________day of ________________________________________, 2021. Owner: By: _______________________________ H. Dalton Wallace THE STATE OF TEXAS COUNTY OF TRAVIS § § § This instrument was acknowledged before me on this the day of ____________2021, by ____________ (name), _________________(title) of _______________________________, on behalf of said _______________________________. _______________________________________ Notary Public, State of Texas 4. 5.  City of Austin: By: § § § _______________________________ Name, Title This instrument was acknowledged before me on this the day of ____________2021, by ____________ (name), _________________(title), on behalf of said City of Austin. _______________________________________ Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TRAVIS APPROVED AS TO FORM: _______________________________ Assistant City Attorney City of Austin After Recording, Please Return to: City of Austin Law Department P. O. Box 1088 Austin, Texas 78767 Attention: C. Curtis, Paralegal