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HomeMy WebLinkAboutC2026-081 - 6/17/2026 - NA WATER SERVICE CONTRACT FOR SINGLE LOT OWNERS WHERE PROPERTY SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS Whereas, the City Manager or designee is authorized to execute water service contracts meeting all of the requirements in Chapter 55, Article VIII of the Corpus Christi Code when the contract is for a subdivision of two lots or less per Corpus Christi Code Sec. 55-113. This Water Service Contract("Agreement") is entered into between Beacon Point DC, LLC (referred to in this Agreement as "Owner'), a Delaware Limited Liability Company whose address is 1101 Brickell Ave, Ste, N-1500, Miami, Florida 33131, Hut 8 Infrastructure, LLC (referred to in this Agreement as "Lienholder"), a Delaware Limited Liability Company whose address is 1101 Brickell Ave, Ste, N-1500, Miami, Florida 33131 and the City of Corpus Christi, Texas (referred to in this Agreement as "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: Lots 1 and 2, Block 1, FARIAS TRACT SUBDIVISION Commonly known by its street address as 4650 FM 1694, Corpus Christi, TX 78380 Also known as Nueces County Appraisal District Property ID: 230446, 245824, and 230464 Section 2. Subdivision of Property Any future subdivision of the Property shall be in compliance with the Texas Local Government Code, Chapters 212 and 232. Section 3. New Construction The Owner agrees to construct all improvements on such Property in compliance with all City codes and regulations and to obtain all City technical construction permits as though the Property were within the City. Owner consents to inspections of all such construction by duly authorized inspectors or City representatives charged with enforcing 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 4. 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 5. Rules for Delivery of Water All connections to the City water system are subject to the same rules and regulations regarding water service delivery standards as consumers within the City limits, including installation and Page 1 of 5 SCANNED 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 6. Water Conservation The Owner agrees to comply with all current and future provisions of the City's Water Conservation Measures, including the City's Drought Contingency Plan, as adopted and amended by the City Council. This includes adherence to any water-use restrictions, conservation measures, or drought-response stages implemented by the City. Failure to comply with these plans may result in a reduction, restriction, or interruption of the flow or delivery of water, termination of service, or other measures as authorized by law. Section 7. Water Flow At its sole discretion, the City reserves the right to reduce, restrict, or interrupt the flow or delivery of water to the Property as may be necessary to maintain the integrity, functionality, or operational efficiency of the water supply system. Such actions may be taken to respond to system maintenance, emergency conditions, drought, infrastructure limitations, regulatory compliance, or any other condition requiring such measures in the City's judgment and as authorized by law. Section 8. 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 9. Covenant Running with The Land It is agreed by and between the parties hereto that all of the conditions of this agreement shall be binding upon the successors and assigns of the said Owner and constitute a covenant running with the land. If at any time the Property is further subdivided, each Owner shall be responsible for compliance with this Agreement only with respect to the portion of the Property owned by it. Section 10. 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 terms of this agreement and covenant running with the land, and foreclosure of the lien(s) shall not extinguish the covenant running with the land. Section 11. Termination (a)Termination for Default. If Owner fails to comply with any material term, condition, or obligation of this Agreement,the City Manager or designee may provide Owner with written notice specifying the nature of the default. Owner shall have thirty (30) calendar days after receipt of such notice to cure the default; provided, however, that if the default cannot reasonably be cured within thirty (30) days, Owner shall have such additional time as is reasonably necessary to cure, so long as Owner commences cure within the thirty (30) day period and diligently pursues it to completion. If the default is not cured within the applicable cure period, the City Manager or designee may terminate this Agreement upon written notice to Owner. (b) Immediate Termination. Notwithstanding subsection (a), the City Manager or designee may immediately terminate this Agreement upon written notice to Owner specifying the grounds, only if: (1)Owner commits fraud in connection with this Agreement; or(2)a court or regulatory authority of competent jurisdiction has ordered the City to terminate this Agreement or to cease performing under it. (c) Emergency Suspension. If Owner's acts or omissions cause an imminent and material threat Page 2 of 5 to public health or safety or to the integrity or operation of the City's water system, the City may immediately suspend or curtail water service to the extent reasonably necessary to abate the threat, with notice to Owner as soon as practicable. The City shall then restore service promptly upon Owner's cure of the condition. A suspension under this subsection does not itself terminate this Agreement, and any termination on account of the condition shall be made only in accordance with subsection (a) or (b), as applicable. Section 12. Notice Any notice required under this Agreement must be given by hand delivery or certified mail and is deemed received when hand-delivered or on the third day after postmark if sent by certified mail. Notice shall be addressed to the address listed on the City's water utilities account for such property or the address listed on the Nueces Central Appraisal District for the property. Section 13. 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. Page 3 of 5 EXECUTED IN ONE ORIGINAL OWNER: Beacon P ' , LC Sean Glennan, CFO Hut 8 Corporation STATE OF F\cAl .CA Ck, § COUNTY OF IN A( Clvvu-DCA ckl § This instrument was acknowledged before me on this l t day of TtA Y\ , 20rttg by Sean Glennan, CFO of Hut 8 Corporation, on behalf of Hut 8 Infrastructure, LLC, a Delaware Limited Liability Company, on behalf of Beacon Point DC, LLC, a Delaware Limited 0 Liability Company. NY�c7tnat'y V4,00J0 -1v M C., 46 Notary Public State of Florida I Erica Hoff t C�u/, /�i Y`earn lil My Commission NH 619311 Notary Public, State of f L CLCL Expires 3/9/2029 LIENHOLDER: nfras , LLC Sean Glennan, CFO Hut 8 Corporation STATE OF ‘��f`(k `L § COUNTY OF iNA d ttrv'i- Dam§ This instrument was acknowledged before me on this \ \p day of ,T ik.1\`- , 20 ' by Sean Glennan, CFO of Hut 8 Corporation, on behalf of Hut 8 Infrastructure, LLC, a Delaware Limited Liability Company. P��5 v n,k.k I y KNA.U:,J.� -iv ' \ >� Notary Public State of Florida ` / Erica Hoff Notary Public, State of F k G a Ct- lUf My Commission NH 641311 alExpires 3/9/2029 Page 4 of 5 City of Corpus Christi: ATTEST: 0 ,. By: /ic! f PO- By: Re.-cca Hu-rta Dodd Wallace, City Secretary I ri Director of Development Services STATE OF TEXAS § COUNTY OF NUECES § '' )1) Ot Thi instrument was acknowledged before me on this i day of 20A by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corpor 'on. ota Public, State of Texas IY°e•.°= PATRICIA GALVAN '=:f =: ID# 13434633-1 N', ,c,; Notary Public STATE OF TEXAS § '.... k7's STATE OF TEXAS My Comm. Exp 05-08-2027 COUNTY OF NUECES § """" " "..""'""v frt This instrument was acknowledged before me on this (- day of 1 UY`e- , 20,)(0, by Yvette Dodd Wallace, Interim Director of Development Services Department, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. N ry Public, State of Texas APPROVED AS TO FORM: - 1 7- ? "Y1'% JOANN SALINAS ? l•. -s Notary Public.State of Texas -61 L �(�t -,' := Comm.Expires 03-02-2030 ',,, �,,,.�,,! Notary ID 133621810 Buck Brice Deputy City Attorney for the City Attorney Page 5 of 5 EXHIBIT A , % . 4 -- . .,,..„,,..i'n i ' , -, -1-: .. - — - — •—•- .- . ,ts • ../.., ••, •-•::).,',..i.1 tIVE. " • '• e. - • , .....,4: ,.,,,. .1.,,, ,,, . , •..,:• . ,,,!....: . - . .1, ..,;,..../ y, ..*, .7,:,, 4..,:....4.t, 4,..:.., , iiiii,.,.,„ ,tosmm , i .. . , .,;. .: ,, , . ' 11.,7 ,, N /. : •- ,,,,.,-; .e.'i. . ;:ro .,g :''',..0,.., Ak,,'• ;• • • -..' . , • / .- **--.'.:•-•:-.'S: •'•...,•C:•'. V, . ..&4,-erW dAid;.a. • ./' ° . ''...* -• "" '' ... •• .'., . •..• r . )7• Y.,441* f. • . • .i •• .: . r':47 : •„.. -4. . .. .. . , • •4-,;.• ' Ar . . .. .. ,. 0: e: • • , . A' `, 1iv s'.._ • ./ -I•, : a • - ,. , • c , . • . . — .. .. . , iFARIAS TRACT LOT ...• 1 AND 2 BLOCK 1 '' '' • l' '. ,..r• . '.• Viirj - . ,r4., '•. i. .... .,.., ficdipzro,., , . _ .. ..., . ..1 iii . ,.- • . s , ., -. . ‘ ---, 4 _.. .. . .. -J .. .. , - i•k.....S-i....- A••••••• ....... '..,... . ,,.. 4. . • .• • 4t. . 4 ' , - '` • t . ., . . i : dN ' • , ' ' 1 ,r,' %, i 1 i'li.''• .•'•-• , „„ , Ir. 1 %•:, J _J ', 44, 1; , • [ ,..7---- , --c- ----- 1---ia .3.. 1 .• . . , . . . ..... . .... • .: . ) r . I;. .1•-•'‘ ••"'.•. 1 Alli - '-'- *- 4"4•1,ff- . .,. 4. • Legend - • '',. ' 4.1...• 0 500 1,000 2,000 , ------- Property Boundary _. . .... - ,.. . IIMINICIIIIIMMIIIIMIM US Feet I .-...aii '• t . 4 • -----, OCL Location Map ,, - . , x:,./. . • - -________ . , For Beacon Point DC, LLC 1----L , ,,,,, / -.'•!....041, 4or / * . FARIAS TRACT LOT 1 AND 2 BLOCK 1 -,-, / / , 77 1111 11 , -4 1 lowsio...R ' * NcoRpoRgto 4t 1852 44 ,PROJECT LOCATION Robstown 44 ,_____I\\.•, luo.w.o.r.a.,..e*,....vor.J...**.•••.....................J.•••••••••••....s...............l....,.........." OM CREATED 6/15//026 Nueces County Kara Sands Nueces County Clerk 'VG-61-2026-2026021327* Instrument Number: 2026021327 Official Public Records CONTRACT Recorded On: June 18, 2026 12:02 PM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $44.00 STATE OF TEXAS /G—em CpU9T��, Nueces County * .. *,i� I hereby certify that this Instrument was filed in the File Number sequence on the date/time ��� �„i printed hereon, and was duly recorded in the Official Records of Nueces County,Texas lc) �`NUE��S~� Kara SandsdriA.Azi_ (5_0 j,,,;;Li) �� NUE Nueces County Clerk 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: 2026021327 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20260618000090 2406 LEOPARD STREET Recorded Date/Time: June 18, 2026 12:02 PM User: Lisa C CORPUS CHRISTI TX 78408 Station: CLERK06