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Home My WebLink AboutC2007-506 - 9/21/2007 - NA4 !~ 4 S ~ ~ i ~ ~ ~ 4 SANITARY SEWER CONNECTION 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") and Transport Enterprises, Ltd., P.O. Box b0407, Corpus Christi, Texas 78466-0407 (hereinafter called "Developer/Owner "). WHEREAS, Developer/Owner, in compliance with the City's Platting Ordinance, has submitted the plat (the "Plat") for Oso Bay Ranch Estates Unit 1, Nueces County, Texas (hereinafter called the "Development") (See E~chibit 1 attached}; and, WHEREAS, pursuant to the City's Platting Ordinance the Developer/Owner is required to provide each lot with access to the public sanitary sewer system if it is reasonably available and of sufficient capacity; and WHEREAS, the Director of Engineering Services has determined that the public sanitary sewer is not reasonably available to the Development; WHEREAS, immediate construction of sanitary sewer laterals or collection lines in the Development would impose an undue financial hardship on the Developer/Owner, and the City is willing to waive current construction of sanitary sewer laterals and collection lines in connection with the Plat of the Development; NOW THEREFORE, for the consideration of the premises and as set forth hereinafter, the City and Developer agree as follows: DeveloperlOwner agrees for itself, its successors, transferees, and assigns, as follows: 1. To connect, at its expense, the improvements of the Development for sanitary sewer disposal to the public sanitary sewer system at such time as a sanitary sewer manhole is located at the frontage of the Development or a sanitary sewer trunk line or collection line is located at the frontage of the Development with sufficient capacity to provide public sanitary sewer service for the needs of the Development; 2. To reevaluate the terms of this agreement every five (5) years; 3. To pay tap fees, pro rata fees, and surcharges at the time of connection to the public sanitary sewer system in accord with the fee structure of the City Platting Ordinance in effect at the time of connection; 2007-506 09/21/07 Transport Enterprises ~~M~~~~~ ' Sanitary Sewer Connection Agreement Oso Bay Ranch Estates Unit I Page 2 ', 4. To provide for lot sizes within the Development that comply with the minimum lot size requirements for use of an-site sewage disposal systems as required by the City and County Health Department. City agrees: 1. Ta approve the Plat as submitted and to allow the Owner/Developer and its successors, transferees and assigns to construct and use on-site sewage disposal systems as approved by the City and County Health Department for sanitary sewer service for improvements located on lots within the Development; 2. To allow the Development to record the Plat without current sanitary sewer construction plans ar construction of sanitary sewer laterals, trunk lines and collection lines; 3. To delay payment of prorata fees in connection with the fling of the Plat of the Development until application for connection to the public sanitary sewer system; 4. To issue building permits for construction of improvements an the lots located within the Development and upon completion of construction in accord with City Code issue Certificate of Occupancy for such improvements. 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 ON-SITE SEWAGE DISPOSAL SYSTEMS ASSOCIATED WITH THE DEVELOPMENT OF OSO BAY RANCH ESTATES UNIT 1. 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 Developer/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. W ~ Sanitary Sewer Connection Agreement Oso Bay Ranch Estates Unit 1 Page 3 EXECUTED IN DUPLICATE originals, this `day of ~PT~~iC, 2407. DEVELOPERIOWNER: TRANSPORT ENTERPRISES, LTD. By: TRANSPORT INDUSTRIAL PROPERTIES, L.L.C., General Partner By: Mark . Stockseth, Member STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me o 2007, by Mark D. Stockseth, Member of Transport Industrial P operties, L.L.C., General Partner of Transport Enterprises, Ltd., on behalf of such partnership. wIY AnQN~ A E~ha~ N ~1-~91M~ d Tim .lug t p~irN~ r 5 Sanitary Sewer Connection Agreement Oso Bay Ranch Estates Unit 1 Page 4 APPROVED: ~~ day of ~~',~~~' ~~' , 2007 By: ~, 7uan Perales; Jr., P.E. Development Services Engineer P gy: c~~.J Gar W. 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