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Home My WebLink AboutC2020-053 - 1/24/2020 - NA 7 OWNER'S GUARANTEE TO CONNECT TO MUNICIPAL WASTEWATER SYSTEM AND RELEASE OF CLAIMS AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City", MPM Homes Inc, PO BOX 331308, Corpus Christi, Texas 78463 hereinafter called "Developer", and Tan Jimmy Nguyen, 1517 Westridge Blvd, Corpus Christi TX, 78418 hereinafter called "Owner". WHEREAS, Developer/Owner was issued wastewater tap in error for lot three, block one, Westridge Acres Subdivision unit 1 , located at 1517 Westridge Blvd, Corpus Christi TX, 78418 hereinafter called "Property"; WHEREAS, Developer connected to wastewater line not connected to the City's municipal wastewater system; WHEREAS, subsequent to issuance of permit and connection to wastewater line, the City's Development Services Department has determined that wastewater is not reasonably available to the Property; WHEREAS, City has agreed to allow Developer to install individual aerobic system of owner in compliance with State law; WHEREAS, the City's goal is to extend wastewater service to all City residents and eliminate the need and use of individual aerobic systems; and WHEREAS, this agreement ensures the City's ability to connect the Property to City's municipal wastewater system at such time that wastewater service is reasonably available. NOW THEREFORE, for the consideration set forth hereinafter, the City, Developer, and Owner agree as follows: Developer & Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. Owner agrees to cap wastewater tap at the property line. 2. Owner agrees to allow City inspection of cap prior to burying. Page 1 of 5 SCANNED 3. Owner agrees to leave wastewater service line installed in ground, undisturbed, for future connection to wastewater tap. 4. Owner agrees to connect the Property to City's municipal wastewater system at such time as wastewater is reasonably available. 5. If Owner fails to connect, Owner authorizes the City to connect the Property to City's municipal wastewater system at such time as wastewater is reasonably available. 6. Owner grants the City right of entry required to connect the Property to the City's municipal wastewater system. 7. Owner agrees to disconnect from individual aerobic system when connecting to City's municipal wastewater system. 8. Owner agrees to pay City wastewater fees upon connecting to the City's municipal wastewater system. 9. If Owner does not connect the Property to City's municipal wastewater system at such time as wastewater is reasonably available, Owner is to pay the City $9,950. 10.Developer and Owner release the City of Corpus Christi from all claims. City agrees: 1. to allow Property to use an individual aerobic system in compliance with State and local regulations; and 2. to pay $9,950 to Developer for expenses incurred to install individual aerobic system. RELEASE OF ALL CLAIMS For and in consideration of the total sum of $9,950 paid to Developer and other considerations, Developer & Owner releases and forever discharges City of Corpus Christi, its agents, servants, employees, officers, shareholders, partners, directors, attorneys, insurers and all other persons, firms, or corporations, whether or not named in this release, all and each of them, from all claims, demands, damages, actions, or causes of action in any way arising on account of issuance of wastewater tap permit or installation of on-site wastewater treatment at 1517 Westridge Blvd. It is understood and agreed that this is a full and final release and settlement of all claims of every nature and kind whatsoever, and releases all claims known or unknown, suspected or unsuspected, now and forever against City, City's liability insurance carrier, its agents, servants, employees, officers, shareholders, partners, directors, Page 2 of 5 attorneys, and all other persons, firms, or corporations, whether or not named in this release, arising out of the incident described above. The Developer & Owner understands and agrees that the payment and receipt of the above described sum is in full satisfaction of all damages arising on account of the incident described above, and that neither Developer/Owner nor anyone else will receive any further sums of money. Developer/Owner agrees not to assert or prosecute any additional claims or lawsuits against anyone arising out of the incident described above, whether named in this release or otherwise named, described, or identified. It is expressly warrantied that no promise or inducement has been offered except as set forth in this release; that this release of all claims is executed without reliance on any statement or representation concerning the liability of defendant; that acceptance of the consideration set forth in this release is in full accord and satisfaction of all disputed claims, for which liability is denied expressly by City. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF LOT THREE, BLOCK ONE, WESTRIDGE ACRES SUBDIVISION UNIT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. COVENANT RUNNING WITH THE LAND This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Page 3 of 5 .1".ii EXECUTED original, this . ay of , 0 DEVELOPER: - i-3;;;)---------> Moses Mostaghasi, Owner STATE OF TEXAS § COUNTY OF NUECES § Th.. instrument was acknowledged before me on this T , day of i . , _I 1, , 2020, by Moses Mostaghasi, Director of MPM Homes, Inc. 4 , PR'. CYNTHIA BUENO ► 4 s=(�4 \;h'_ ID# 1178588-3 ► 4 6'A ey Notary Public ,•:srF.._•Jf STATE OF TEXAS 4 of-,.;,. ► My Comm. Exp. 11-04-2023 ► No ry Public, State of Texas OWNER: Tan Jimmy Nguyen, Owner STATE OF TEXAS § COUNTY OF NUECES § T 's instrument was acknowledged before me on this cP4 , day of CatAL(,iAr , 2020, by Tan Jimmy Nguyen, Owner. aRY Poa••. CYNTHIA BUENO ► k�' p I D# 1178588-3 I `N9�.-.'0 STATE OFPTblic EXAS ► otary Public, State of Texas ',Z,9F °'` My Comm. Exp. 11-04-2023 ► 1. -- v vv vvvv vvvv Page 4 of 5 CITY OF CO' ' S CHRISTI: i iii By: 1 A ay find Dir-cto for Development Services For City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Al Raymond, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the 2? day of i 401, - �pE� q�/pO+ ••% . o Q�.' &i No ary Public, State of Texas •11`+%, ; rn 4%; h . APPROVED as to form: 'PFS ...11a,d. By: �� ., Buck Brice Assistant City Attorney For City Attorney Page 5 of 5 Nueces County Kara Sands Nueces County Clerk *VG-50-2020-2020004272* Instrument Number: 2020004272 Official Public Records AGREEMENT Recorded On: January 29, 2020 02:56 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $27.00 _%%%%%%%% STATE OF TEXAS Gp0NtY COO,P)1 Nueces County * �, *pig I hereby certify that this Instrument was filed in the File Number sequence on the date/time j, ti i printed hereon,and was duly recorded in the Official Records of Nueces County,Texas 1#`' S r/\a Qi i14 of NUE��S~'' Kara Sands Nueces County Clerk K ) G=nsz Nueces County, TXT *********** THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2020004272 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20200129000127 2406 LEOPARD STREET Recorded Date/Time: January 29, 2020 02:56 PM User: Catherine R CORPUS CHRISTI TX 78408 Station: CLERK02