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HomeMy WebLinkAboutC2005-599 - 11/15/2005 - Approved /V Doeft 2007015831 PRIVATE WASTEWATER SYSTEM SERVICE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § A. Parties. This Private Wastewater System Service Agreement ("Agreement") is between the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager, George K. Noe, and A& K Properties, LP ("Owners"). B. Purpose. The purpose of this Agreement allows the use and operation of a private wastewater system, including a temporary lift station and force main, until the property subject to this agreement can be directly connected to the City's wastewater system in conformance with the Flour Bluff Sanitary Sewer Master Plan and normal City requirements. C. Property. The following property is subject to this Agreement: 1. Lot 1, Block B, Island Business Center. D. Improvements. Owner has the right to use and the obligation to operate and maintain a private wastewater system, including a private grinder pump and a private 3-inch diameter PVC force (wastewater) main. E. Owner's Responsibilities. 1. Owner must pay to maintain or repair the private wastewater system at all times, regardless of the type of damage that may occur, within 30 calendar days of written notice to Owner. Failure to do so terminates this Agreement immediately. 2. The Owner shall comply with all the following conditions within 60 days of the approval of this agreement by the City Council: a. Owner shall show proof of undivided Ownership of private wastewater system, including the grinder pump and force main with joint and several liability. b. Owner shall comply with all applicable Federal, State, and local laws, regulations, rules, ordinances, and codes, as amended, for operation of the grinder pump and force main, including: (1) Obtaining any required permits. (2) Entering into a contract for the operations and maintenance of the private wastewater system by a contractor who is licensed by the TCEQ to provide those services. 2005-599 11/15/05 Page 1 of 9 Ord026545 A& K Properties • INDEXED A c. Obtain any necessary easements by separate instrument from adjacent property Owner(s) to allow for force main to cross property. 4. Owner agrees to the joint and several fiscal responsibility for the operation, maintenance, and repair of the private wastewater system, and must ensure that the system is in proper operating condition at all times, regardless of the type of damage that may occur. Any damage or malfunctions that pose a threat to human health must be repaired immediately. Other repairs must be completed, within 30 calendar days of notice of damage or the need for repairs to Owner by the City or any occupant of the properties. Failure to do so terminates Use Privilege Agreement immediately and will result in termination of wastewater service. 5. Owner authorizes the City of Corpus Christi to place a lien on the property, which will run with the land and be binding against any and all assigns or successors interest, for any costs incurred by the City related to the private wastewater system or for providing wastewater services to the property. 6. Owner agrees to responsibility for providing temporary emergency wastewater service in the event of any malfunction of the private wastewater system at owner's cost. 7. Owner agrees to the re-evaluation of the terms of this agreement when any one of the following occurs: a. At the time of an application for a plat or replat is filed for any property that is the subject of this agreement. b. At the time any application for a plumbing or building permit is filed for the construction or modification of any structure on any property that is the subject of this agreement. c. At the time any portion of the property that is the subject of this agreement is sold or title is transferred to a party other than the party who executed this agreement. 8. If it is necessary to increase the capacity of the grinder pump, the Owner agrees to pay and to be responsible for the expansion of the grinder pump at Owner's cost as determined by a registered licensed professional engineer within the State of Texas, and as approved by the City's Director of Engineering Services. 9. The Owner is jointly and severally liable for the payment of all bills from the City for wastewater delivered to the City's wastewater system through the private wastewater system. In order to ensure that all wastewater service is properly accounted for, at the City's option, the Owner shall: a. Allow and pay the City's costs of installing City water meters on owner's side of the water supply lines providing water service to the property. Page 2 of 9 b Comply with all billing and the account requirements established by the City's Utility Business Office. 10. Owner shall comply with the City's pretreatment ordinance. F. Assignment. Owner may not sell, transfer, or assign the private wastewater system or this Agreement without prior written consent of the City Manager. G. Authorized Use. The Owner' use of the private wastewater system authorized by this Agreement is strictly limited to serving the facilities on the portion of the property that has been properly platted within the private wastewater system service area as defined in Exhibit A. H. Other Connections Prohibited. The Owner(s) may not provide, nor permit anyone else to provide, wastewater service through private wastewater system to any additional building or lot(Lot 1, Block B, Island Business Center)owned by anyone other than the owner(s), who are parties to this agreement. I. Capacity. The existing Private Grinder Pump is designed to serve a total of 23 gpm consisting of existing 23 gpm as shown in Exhibit A. Owner' cannot add any more flow other than what is permitted under this Agreement. J. Revocation. This Private Wastewater System Service Agreement("Agreement') may be revoked at any time upon the giving of 30 days notice in writing by the City of Corpus Christi's City Manager, or designee("City Manager"), unless terminated under another provision in this Agreement. K. Indemnity& Hold Harmless. 1. OWNER COVENANT 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 USE OF THE PRIVATE WASTEWATER SYSTEM, INCLUDING THE TEMPORARY LIFT STATION AND FORCE MAIN, UNDER THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER Page 3 of 9 COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 2. OWNER COVENANT TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS FOR ANY CLAIMS MADE BY TENANTS, LESSEES, AND ASSIGNS OF THE OWNER IN RELATION TO OPERATION AND MAINTENANCE OF THE PRIVATE LIFT STATION AND FORCE MAIN OR TO ANY THIRD PARTIES WHO MAY HAVE A CLAIM AGAINST THE CITY BASED ON FLOWS OF WASTEWATER TO ANY PORTIONS OF THE CITY'S WASTEWATER SYSTEM THAT WERE NOT DESIGNED TO HANDLE WASTEWATER FLOWS UNDER THE APPLICABLE CITY WASTEWATER MASTER PLAN FROM THE PROPERTIES THAT ARE THE SUBJECT TO THIS AGREEMENT. L. Insurance. 1. Owner shall secure and maintain at Owner's expense commercial general liability insurance in the amounts specified in Exhibit B, which is incorporated in this Agreement by reference. Owner shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance under this Agreement, at the limits and requirements shown on Exhibit B, constitutes grounds for termination of this Agreement. 2. The Certificate of Insurance must be sent to the Risk Manager prior to the effective date of this Agreement. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Agreement. 3. Owner shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. M. Recordation. This Agreement is required to be recorded at Owner's cost in the Deed Records of the Nueces County Courthouse, Nueces County, Texas for each lot described above. N. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Owner is providing maintenance in accordance with and as required by Section E or for any other purpose incidental to the City's retained rights of and in the Premises. O. Right to Access Premises in Emergency. 1. Owner shall provide the City's Director of Wastewater Services ("Director") with keys to the private wastewater system, and a current list of names and phone numbers, for use by the Director, or designee, in the event of an emergency. Page 4 of 9 2. The Director, or designee, has the right to enter the premises during the regular hours of operation normal or at anytime in an emergency. P. Default. The following events constitute default under this Agreement: 1. Failure to pay utilities before the due date. 2. Failure to perform scheduled maintenance. 3. Failure to maintain any insurance coverage required in this Agreement. 4. Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Agreement. Q. City's Remedies on Owner's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Agreement or by law give notice to Owner that this Agreement terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. R. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to enforce the provisions of this Agreement, Owner agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. S. Modifications. No changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. T. Contact Person/Agreement Administrator. For this Agreement, the City's contact person and Agreement administrator is the Director of Engineering Services, or designee. U. Notice. 1. All notices, demands, requests, or replies provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or(v) by fax transmission. 2. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. Page 5 of 9 3. All the communications must only be made to the following: IF TO CITY: IF TO OWNER: City of Corpus Christi Attn: Director of Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: (361) 826-3500 Facsimile: (361) 826-3501 4. Either Party may change the address to which notice is sent by using a method set out in subsection 3 of this section. Owner shall notify the City of an address change within ten (10) days after the address is changed. V. Force Majeure. No party to this Agreement shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Owner shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. W. Relationship of Parties. In performing this Agreement, both the City and Owner will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. X. Not for Benefit of Third Parties. This Agreement is only for the benefit of the City and Owner, and no third party has any rights or claims under this Agreement or against the City. Y. Interpretation. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Agreement was entered into and will be performed. Z. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that (a) the parties have expressly agreed survive the termination or expiration; (b) remain to be performed; or(c) by their nature would be intended to be applicable following any the termination or expiration of this Agreement. AA. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Page 6 of 9 AB. Severability. 1. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 2. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. AC. Entirety Clause. This Agreement and the attachments and exhibits incorporated into this Agreement constitute the entire agreement between the City and Owner for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Owner's operations and the Premises to be used in the operations. AD. Binding Agreement. It is further mutually understood and agreed that the covenants and agreements contained in the Agreement, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. AE. Acknowledgment. Each party expressly agrees that it has independently read and understood this Agreement. By Owner execution of this Agreement, Owner acknowledges and understands that this Agreement is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and employee(s) if applicable. AF. Effective Date: This Agreement is effective after approval of the Agreement by the City Council and execution by the City Manager. Page 7 of 9 • The above and foregoing PRIVATE WASTEWATER SYSTEM SERVICE AGREEMENT is accepted this the day of , 2005, by A& K Properties, LP, owner of Lot 1, Block B, Island Business Center, a Grantee and Owner herein, and as Grantee and Owner agrees to keep and perform the conditions imposed by said Agreement and is bound by all of the terms of the same. A& K Properties, LP A& K Properties, LP By: Andy A. Arthur By: Harald Me er - Title: X t� r ,fX,Ic Title: I GI j f5S r"----1 NC_ Company: ,/ .. . 4 _ , . . , �A Company: / 1/ $ , L/7 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on t:f:: . ce( 91.k , 2005, by Andy A. Arthur, as Owner, A& K Properties, LP, a Texas limited partnership, on behalf of said partnership. Nota Public, State of Texas NNu�aa HAYLEYIHARPE : .1:. MY COMMISSION EXPIRES Printed Name: -I-L. \- -77 Q— �s`' April 7,2009 ` Expiration Date: ?cL . 7 1700 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on tc)CevvlQ•( (" , 2005, by Harald Meyer as Owner, A& K Properties, LP, a Texas limited partnership, on behalf of said partnership. ifer- Nota •ublic, State of Texas HAYLEYTHARPE Printed Name: �� C?e II : •; MY COMMISSION EXPIRES - , � _' Aprp 7,2009 Expiration Date: *a Tv' ,7ca Page 8 of 9 • IN TESTIMONY WHE';,jOF, the City of Corpus Christi has caused these presents to be executed on this the ' day of err -8 - , 2005. ATTEST: CITY OF CORPUS CHRISTI By: �--- Armando Chapa, City Secretary Geo K. Noe, City Manager APPROVED AS TO FORM: l� day of 4'. .-C-+�- , 2005 C Z(6 AUTtl ' 111L- 0.1•0,11M11.00 CGU4CIL.... By: Joseph H ey, Assist t City Attorney - -•--••--••--- SECItfTAR..�4___. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1\0.}e.de)trisgr , 2005, by George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. cittLx.b) pajti4v, Notary Public, State of Texas Connie Parks �`• %a MY Commission Expires �___±_ teNovember 09,2007 Page 9 of 9 i [ou." , �_ Ji i U r GonwxY gtZ. ?) I SECtfRilY i- -J -f'"-�i( K14K K£R90CKC Cl*$PiIIN R� -.. froaicK£R6ocxER U w ic , .§-4. - Servic_e I Ory Area 3 (23 gpm) ` GRAi-AW' FCaA.b ...,E E'` , Graham Road ''.:*i. \Ii' ''\ ''-'... )'' i • 3 Wastewater System Service Area Exhibit A Page 1 of 1 Willie Medina -City Exhibit B - Ins Requirements.doc Pagee 1 • Exhibit B (Revised October, 1997) UR INSANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. The Contractor shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Contractor shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises-Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS'COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS'LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden&accidental discharge;to include long-tern 0 REQUIRED environmental impact for the disposal of contaminants 0 NOT REQUIRED BUILDERS'RISK See Section B-6-11 and Supplemental Insurance Requirements ❑REQUIRED 0 NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements ❑REQUIRED 0 NOT REQUIRED C. In the event of accidents of any kind, the Contractor shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. SMALL CONSTUCTION CONTRACT DOCS Page 5 of i New ()acumen,- r nnn,t Exhibit B Page l of 2 ep 0, 05 03: 58p Rndr^ew Rrt:iur 992-2423 .p. 2 ACOR , CERTIFICATE OF LIABILITY INSURANCED 09//00/2008/20 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jeff Berneen Insurance Agency HOLDS AND CERTIFIFERS CAOTE�DOES No MEND, EXTEND� DOR 5030 Holly Rd. Suite A . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Corpus Christi, TX 78411. INSURERS AFFORDING COVERAGE 361-991-1683 _ INSURED Boat Stop Storage - INSURERA St.Paul Insurance • ...... _ .._. INSURER 8: 3114 Greenwood Glen INSURER C: Kingwood, TX 77345 INSURER D: INSURER E COVERAGES _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM'OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR I 7YPE.t .YNSISiMICE _ POLICY NUMBER DATE(ii POUCY EFFECTIVE POLICY EXPIRATION UNITS LTR WDO(YY) DATE(MWDDIYY) GENERAL VIRILITY _ .. _ .... . _.. . i EACH OCCURRENCE S1,000,000 TIE COM.ERCIAL GENERAL LIABILITY FIRE DAMAGE(My one fee) $ 10 0,0 0 0 1 CLANS MADE X OCCUR - IED EXP(My one person) S 5,000 SF05583618-' 06/14/05 06/14/06 PERSONAL&ADVINUURY S11000,000 GENERAL AGGREGATE s2,000,000 AGGREGATE LVLT APPLIES PER PRODUCTS-CONP(OP AGO s 1,000,000 lil PtxicY f :7 LOC .. . . . .. AIJTDMOBILE LJABIUTY - - _ :. I COMBINED SINGLE LMTI (Ea accident) $ ANY AUTO -- ALL tNNNED AUTOS _.. BODILY INJURY E -- SCHEDULED AUTOS (Per person) - _ HRF_D AUTOS BODLY INJURY (Per accident) S _ NON-OWNED AUTOS .- ... .._.. PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTPIEOTHAN NLY: EA ACC $ AUTO ONLY: AGG $ EXCESS LABILITY EACH OCCURRENCE $ OCCUR n CLANS MADE AGGREGATE S S .R DEDUCIBLE $ RETENTION S $ WCSTATU- OTH. women SATONAND TORY LIMITS ER BUYERS'LIABILITY E.L.EACH ACCIDENT $ E.L DISEASE-EA EMPLOYEE $ E.L DISEASE-POLICY LSAT S OTHER DESCRIPTION OF OPERATIONSILOCAT1ON S/VEHICLESEXCLUSIONS ADDED EY ENDORSEIIENTISPECIAL PROVISIONS Business located at 502 Graham Rd, Corpus Christi, TX 78418 CERTIFICATE HOLDER 1 j ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POIJCIES BE CANCELLED BEFORE THE FDIRATION City of Corpus Christi DAT.THEREOF,THE ISSUING INSURER VAL.L ENDEAVOR TO MAIL 10 DAYS WRITTEN PO Box 9277 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO DO SO SHALL Corpus Christi, TX 78469 IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER,ITS AGENTS OR R@RESENTATLVES. AUTHORIZED REP IY§ ATE-477.--))+ I ' i:7✓We1 . ACORD 25.S(777 / UL,' O ACORD CORPORATION t 388 Exhibit B I! Page 2 of • • Doc# 2007015831 # Pages 13 03/28/2007 9:00AM Official Records of NUECES COUNTY DIANA T. BARRERA COMITY CLERK Fees $63. Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Colors Religion, Sex, Handicap, Familial Status, or Nat Tonal Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas r:G• &woo. /sem" DIANA T. BARERRA NUECES COUNTY, TEXAS RAt the time of recordation,CORDER'S AA ecor aeon, th sMEMORANDUM instrument was found to be inadequate for the best photograph reproduction because of illegibility, carbon or photocopy, discolored paper, etc. All blockout additions and changes were present at the time instrument was filed and recorded. A� City of Corpus Christi Oswbpment Services/ Special Services 2406 Leopard,Suite 100 Carpue Christi,TX 78408