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HomeMy WebLinkAboutC2007-509 - 10/11/2007 - NA ~• SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § TH1S 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 PMZ Investments, Inc., 6901 SPID Ste. 103A #336, Corpus Christi, TX 7$412 hereinafter called "Developer/Owner ". WHEREAS,- DeveloperlOwner in compliance with the City's Platting Ordinance, has submitted the plat far (Subdivision}, hereinafter called "Development", {Exhibit 1}; and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHEREAS, immediate construction of wastewater laterals and collection lines would impose an undue financial hardship on the Developer/Owner, and NOW THEREFORE, far the consideration set Earth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewa#er line extends along the frontage of the property; 2. to reevaluate the teens of this agreement every five (S) years; 3. to pay tap fees and pro rata fees at the time of connection to City wastewater; and 4. to obtain a building permit within one { 1) year. City agrees: 1. to allow property to use on-site wastewater treatment; 2. to allow property to record plat and not require wastewater line construction; INDEMNIFICATIONS 2007-509 ;R, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD 10/11/07 ITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, PMZ Investments ~~~~~ 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 L05S OR DAMAGE OF ANY KLND 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 PUBLIC IMPROVEMENT5 ASSOCIATED WITH THE DEVELOPMENT OF (Subdivision), INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set Earth herein are covenants running with the land, to be filed in the Office of the Nueces County Cierk Off ce, and shall be binding on Developer/Owner, its successors and assigns, and sha11 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. t EXECUTED IN DUPLICATE originals, this day of ~r"?~~r , 2007. DEVELOPER/OWNER: PMZ Investments, Inc. 6901 SPID Ste. 103A #336 Corpus Christi, TX 78412 Y' ~,I chard Hessee III Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 11~~ 2007 (Owner). ~`~'~~ ~' PAMELA M. WlLLlAM~ ~~~ ~/,vrxCG~ ' ~ / • ~/~~ MY COMMISSEON EXPIRES °~,,~+'~~~:~~ Septemher1t,2010 Notary Pub1iC, State of Texas by ~cl~~~ ,y~s~s t~~,~ APPROVED: ~,%~Y of (~~~~ ~ , 2407 ~/ ~_ ~. Jean Peral s, P.E., Development Services Engineer ~y; ~ ~~•~ G W. Smith Assistan# City Attorney ,~ ~ , ' ~' ~ ~ ~ i9 p ~ ~ ~ w W ~ a i9 r' Z Z ~q ~~~~' ~ ~~ ~~o fi fi ~' ~ w~ a N$~ m~yw a~ ~3~w. zwx ~ ~~ a o3 aaw ~~~ w 7 ~ 8ti w ~~ `~$ x~ ~¢ 'r_,r i~~ ~ ~ ~ ~~ ~ wax m~~x Wk~ ~gs~w~ x~o w ~ w ~~ ~ ~~3 F ~~ ~~~ d5~ti~~ ~ww Z tiz 'S' ~~ ~~~4 a~~ ~w~w~ x~~ ~""yl r ~ UY ~ ~W~ ~~yU a3C 23W~~ ~~6 x ~ ttoa ~ ~ ~ ~~ ~~ ~~ti0 ~q W~ ~ygjv V~~OCi ~~~~ ~ q ~ ~~ ~~ ~~~ ~~~n~~ ~~~ ~~~W~ y~y~~~ ~ ~ ~ ' y~j ~~ ~~ tiyN ~G4x ti;~ ~ti4ti~ 31`3 ry 4~j O O W W w 8 $ ~ EI ~ xv~Nr- ass„ ~ ~ ~a~~ ~ ~ o ,x ~ ' ~~ti~ a ~; a ,~s`$ ~ ~ 'x-wa g ~' ~ ~ ~ a ~ ~~ ~ ~~ ~ ~' ~ ~ ~ ~j ~'z~~ .; ~ ~ Q~~" s ~~z e ~ ~ ~ s -"sad $ aK o ~~ ~ ~ e m ~m ~¢I! N ~ $ ~ ,m z g n ~ Ti CC;. vIr ~ 8 R mS °_~~° 8 % lay. S ~ ~~° ~~m Sa ~~ ~°'':o° E ~ z E a E '`.°e x° ~~C 9 /~ i~\ ash,. ~ [p '.~'. ~n ~ ~ i ~ ~~ ~ ~~ ~i ~ 6 ~ a ~~ ma'~° i ~% ~ 4T ~' g / ~ ~ t ~ 2's cp i a ~ N ~y. ~~: E m. x u e'p ma ~' ~ ~ .O!'IL5 arnrrr io si~ 3.01,0O.OON 1 ~, 3 o Y Y F~'e- a e~ ~ ~ ° % i! ~ / ~ e ~'c ~y~, i ~ 1 °~a m eagm i ~ ~ "a~~ "~e° ~ ~. o ~ ~ i y~~ ~~~i ~ ~ "~~ ~'~ ~ zq~a m`°~' em~aN 0.y° ..~;o~ s~,5~s "e a: C7~1 °c~a~ u tl ~ ~ ~a ~ s~.~..pq 5 9 : ~ ~./ s~ `~'k U ~