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HomeMy WebLinkAboutC2005-402 - 8/23/2005 - ApprovedSTANDARD FOR~ CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY UMITS THE STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS CONTRACT AND AOItFFMENT mede and entered Into In duplicate originals by and between Bay Area Fellowship ('Owings)'), whose address Is 8001 S.P.I.D., Corpus Chdatl, Texas 78412, and the City Of Corpus Christi, Texas ('City'), a home rule city of more than 250,000 populaUen, a munldpal corporation and body politic under the laws of the State of Texas, for good and valuable consideration In hand received by the partlas respectively and upon the covenants and conditions stated In this contract. WITNE$$ETH: I. That Owner, s) Is/ara owner(s) In fee simple and of all existing rights, tltlee, and interests therein of all the following dascrlbed property located In Nueces County, Texas, which Is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property Is not principally used for port-related Indtm~y, as defined by Section 55-111, as amended, of the Code of Ordlnancee, City of Corpus Chdsfl, and Is generally delineated en the map attached to thIs co. Euct and marked *Exhibit 1' and being mom particularly dascrlbed as follows, to-wit: Bay Area Fellowship Church Tract, Blod( 1, Lot I II. City agrees to deliver City water to the property or to waterlines o~ the ~, under rules and regulations promulgated and authortzed by Sections 55-111 ss amended, of the Code of Ordlnancas, City of Corpus Chrtstl. III. Owner(s) agree(s) to cc~alruct all Improvements on the property In accordance and complIsnce wlU, all City codes and regulations, end to ob~ln all City technlcaJ conub~ permits as though the property were Inside the City. Owner(s) consent(s) to allow Ina~oectJons of all of the construction o~ duly authorized Inepecttx~ or representaflvee of City depafb.ents charged with enforcement of the codes end regulations. Owner(s) agree(s) that as to any Improvements rite applicable codes and regulations ara those codes and regulations that am In effect at the time of commencement of the Improvements. IV. It is agreed by and between the partlas to this contract that the above deecrlbed land and tefii'~ury shall be Included wffhln the corporate boundarlee of the City of Corpus Christi, and shall become a part thereof, suHect to the terms of Article I, Section 2 of the City Charter of Corpus Chdstl, as amended, and as further proscribed by Section 55- 111, as amended, of the Code of Ordinances, City of Corpus Chdstl; and the Owner agrees to annex the property wi[bin the effectNe date of the annexation being the date when the property becomes adjacent to the City limits, or will become adjacent to the M20~5-277 Ba.v Area Fellowship c~ty hmits by any type of simultaneous annexation of other properties, or at a later da~e to be solely deterrnlned by the City Council. V. Owners(s) agrees and understands that a breach of the covenants and condltlona In this contract render Owner(s) liable to termination of the delivery of water by the City, and upon a finding of fact by the City Manager that any of the covenaF,~ or condltlon~ In th~s contract have been materially breached, the deliver, of water to owrmr will be VI. NI connections to the City water system am subject to the same rules and regulations regarding standards of delivery of water sauce, Indudlng Ir~llatlon and disconnections for failure to pay charges, as consumers within ~ City limits. VII. It Is agr;;d by and between the parties to this conbact that all of the above conditions shah be binding upon the successors and assigned of the Owner(s) and each of them, and constitute covenants running wl[h the land. WlTNE88 OUR HAND, th~_..?-'~ day of ~ ,~ /',v owr s(s): By:. ,.' Executive Pastor THE STATE OF TEXAS COUNTY OF NUECES .~ This Instrument was ack, nowt~ be;ore me on thia the .~ day of .. ~1/IvjJ , 2005 by Paul Schulz, Executive Pastor, on behalf of Bay Area Fellowship, 8 Texas domestic nonprofit corpo~aUon. Notary Public, State of Texas City of Corlxm Christi CIIry Manager APPROVED AS TO FORM: ATI'EST: Fimt Assi~ant City Attorney City Sec,~,~ry Fo~ City Attorney THE 8'rATE OF TEXAS COUNTY OF NUECES ~ This in~rum~lnt day of was acknowtedged be~(,m me on this the ~).,~- ,2005, by ~ K. Noe, City I~nager, City of Corpus Christi, a"l'~xas municipal corporation, on behalf of the corpo~al~on. / / ./' SHEET Tn-LE VICINn'Y MAc SCAL.~ N.T.S. BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS SCALE: N.:,S. ~ NO. ..~237.A,4.01