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Home My WebLink AboutC2022-139 - 7/14/2022 - NA WATER SERVICE CONTRACT FOR PROPERTY SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113. This Water Service Contract ("Agreement") is entered into between Stella Maris Custom Home Builders, LLC (referred to in this Agreement as Owner), whose address is PO Box 271623,Corpus Christi, TX 78427, Prosperity Bank (referred to in this Agreement as Lienholder) whose address is 4115 South Staples, Corpus Christi, TX 78411 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 300,000 population, municipal corporation, and body politic under the laws of the State of Texas whose address is 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: Section 1. Ownership of Property to Receive Water Owner is an owner in fee simple and of all existing rights, titles, and interests therein of all the following described property (referred to in this Agreement as "Property") located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to-wit: Lot 1, Block 55, The Promenade, also commonly known by its street address as 1921 Magnolia Falls, Corpus Christi, TX 78415 Section 2. New Construction The Owner agrees to construct all improvements on such Property under all City codes and regulations and obtain all City technical construction permits as though the Property was inside the City. Owner consents to inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. The Owner agrees that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. Section 3. Provision of Water The City agrees to deliver City water to such Property or waterlines on the Property under rules and regulations promulgated and authorized by the Code of Ordinances, City of Corpus Christi. Section 4. Rules for Delivery of Water All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service as consumers within the City limits including installation and disconnections for failure to pay charges. Additionally, the Owner must pay the applicable water service rates and application fees established in the Code of Ordinances, City of Corpus Christi. Section 5. Backflow Devices Upon a determination by City staff that a backflow device is required by State law, City Ordinance, or for the general safety of the public water system, a backflow device must be installed and maintained at the Owner's expense. Section 6. Covenant Running with The Land Standard Form Agreement 6/16/2022 BB Page 1 of 4 SCANNED It is agreed by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and constitutes a covenant running with the land. Section 7. Termination This contract is terminable at will by the City Manager or designee upon failure to comply with any of the conditions of the Agreement. Section 8. Consent by Lienholder(s) Lienholder(s) is the current holder of a beneficial interest in the Property. Lienholder(s) hereby consents and agrees to the above terms and covenant running with the land, and foreclosure of the lien(s) shall not extinguish the covenant running with the land. Section 9. Execution This Agreement is executed in one original document. Accordingly, this Agreement becomes effective and is binding upon and inures to the benefit of the City and Owner and their successors and assigns from and after the date all signatories have executed the Agreement. Remainder of page intentionally left blank; signature page to follow. Standard Form Agreement 6/16/2022 BB Page 2 of 4 EXECUTED IN ONE ORIGINAL OWNER: Stella Maris Custom Home Builders, LLC Adrian Her sident STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 4--- day of•Jle- , 2 y Adrian Hemandez, President on behalf of Stella Maris C . om HomBuilders, LLC. ,.., BAMBNotaI CUNPublNINGic HAM *' ry J STATE OF TEXAS 747H-1 . r - ID#330697-9 Notary Public, State of Texas ' My Comm.Exp.Nov.7,2022 LIENHOLD : P s ank Jim P' tt, Senior Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of dGL1--C , 2py Jim Pickett, Senior Vice President on behglf of Prosperity B k. L 74d1Z‘6 - "r2ei�- Z' BAMBI CUNNINGHAM Notary Public, State of Texas NotaryPublic *; ,'* STATE OF TEXAS i°l,�z. �-4., ID#330697-9 My Comm.Exp.Nov.7,2022 Standard Form Agreement 6/16/2022 BB Page 3 of 4 City of Corpus Christi: ATTEST: 7/ L. By: � By: / AAiL1L 'kebecca Huerta Al. -rt J 'aymond Ill, City Secretary Di -cto /•f Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 'c day of 0- 1 2018, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule muni ' d corporation. AWA pia:;,SARAH J BRUNKENHOEFER tr r �•�'. ID# 12954066-5 � �• ':�i•_€ Notary Public \:P=;;;;* . !Py STATE OF TEXAS °F,��'} My Comm. Exp. 08-28-2025 • v v v Y • Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ILI day of 20 , by Albert J Raymond Ill, Director of Development Services Depatme of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. • """'' JOANN SALINAS �Pavn��,, Notary Public,State of Texas ^ &AiComm.Expires 03-02-2026 U,—� ;o;,; Notary ID 133621810 Notary P blic, State of Texas APPROVED AS TO FORM: (Lr -y7 1,1-t./4 Buck Brice Assistant City Attorney for the City Attorney Standard Form Agreement 6/16/2022 BB Page 4 of 4 I 1 1 . _ **into — . ..,-- , THE PROMENADE ILLii 1 VA , �-HYACINTH ., co .. I g 1 D ti _ FM.24\\4��4,, tt c gi 0 500 1,000 2,00000"--, ....... N Feet Exhibit "A" ,. + i- ii,_____ 5 I 1 T e kik ,,,,,tl-----r--- "to ;,� . y - .:,Ii'i-0h, Water Contract Location Map luxtn ii—sianti_ site 'CR 20A, ....SOS N Iwo, O "„iisiN City Limits L's- - ' BARNARIn• It/{ r cG FM 2444 Subject Property _1 CR X18 v Date Created:6/29/2022 Department of Development Services Protected Coordinate System:NAD_1983StatePlane_Texas_Soutf_FIPS_4205 Feet Pro/actio Lambert Confrms/ Conic I Nueces County Kara Sands Nueces County Clerk *VG-61-2022-2022034805* Instrument Number: 2022034805 Official Public Records CONTRACT Recorded On: July 20, 2022 01:56 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $37.00 STATE OF TEXAS 40 Co,9r,1ll Nueces County *i/ I hereby certify that this Instrument was filed in the File Number sequence on the date/time Q; printed hereon,and was duly recorded in the Official Records of Nueces County,Texas /\ Kara Sands II Nuti�i�_�/ Nueces County Clerk *P-Act-- Nueces County, TX *******"***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: 2022034805 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20220720000096 2406 LEOPARD STREET Recorded Date/Time: July 20, 2022 01:56 PM User: Lisa C CORPUS CHRISTI TX 78408 Station: CLERK04.nuecescc.local