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HomeMy WebLinkAboutC2008-483 - 4/28/2008 - NAORIGINAL Doc# X008019938 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, ("City") and London Independent School District ("Developer/Owner"). WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, has submitted the plat for London School Tracts, Lot 1, ("Development"), (Exhibit 1); and, WHEREAS, wastewater construction plans and construction aze a requirement of the plat, and WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on the Developer/Owner, and NOW THEREFORE, for the consideration set forth in this agreement, 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 within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a wastewater line extension along the frontage of the property. 2. To pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services aze available within fifteen (15) yeazs from the recording date of the plat. 3. To not subdivide the Development; subdivision of the Development voids this agreement. 4. To pay pro-rata and tap fees at the time of connection to City wastewater. 5. To obtain a building permit within one (1) year. City agrees: To allow the property to use on-site wastewater treatment as approved by the City/County Health Department. 2. To allow the Developer/Owner to record plat and not require wastewater line 2008-483 04/28/08 pVvlXLibDir~Sani[ary Sewer Connection Agreement-London School Tracts-Lo[ Ldoc 1 of 3 London ISD 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 HIND 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 IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF LONDON SCHOOL TRACTS, LOT 1, 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 forth in this agreement are covenants running with the land, to be filed in the Office of the Nueces County Clerk, and aze binding on Developer/Owner, its successors and assigns, and inure to the benefit of the parties to this agreement and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Agreement and terms of the agreement expire and are completed upon connection to City wastewater and payment of appropriate fees. C:\D000ME-I\lindaw\LOCALS-1\TempVvtXLibDir\Sanitary Sewer Connection Agreement-London School Tracts-Lot l.doc 2of3 EXECUTED IN DUPLICATE originals, this ~~day of YI ~ , 2008. DEVELOPER/OWNER: London Independent School District 1306 FM 43 Corpus Christi, TX 78415 LAG.-/S- iY/~-~1~~~ Superintendent YICKI ~ONBE • ~h.~n~imb~bil F~Mr X10 M~~~r~N~~M~~~~1~N~~ STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on /9' /' ~ , 2008, Superintendent of the London Independent School District. ~/ ~ ~ (n . Notary Public, St of Texas By: ~/'~ .~ Y ~ 08' Juan Perales, Jr., .E., Development S rvices Engineer R. J R~ ping F' st Asfsistant ' y Attorney C:\DOCUME-1\lindaw\LOCALS-1\TempVvtXLibDir\Sani[ary Sewer Connection Agreement-London School Tracts-Lot Ldoc 3 of 3 ~ ~~ ~ ~ ~ ~~ t~ WY ~~ ~~ ~ k $ ~~~ ~ it R,rt §"~ g~ s~~ 4~, ~ i ~~~ `3~~_qs ~~ b ~ ~, ~ ~~ ~~~ 1 ~~ ~ "g•°p ~; -x~ ~~ ~ ~ "x 4 k ~ q ~ ~ ~ ~k~ J 'k4~€ OU ~E Jk3°3~~d °~~~€ ~ 6~ ~~~ "~ ~y~ q ~ U g k ~ 2 C 3 ~ ~ ~ $~ ~.. ~ B~ ~` a ~k ~ Z R„gggk„" gg {a yyqy ypy xy O ~4szg~g V ~R@ ~~ ~~~~3€ 3 F` ~~~~~ 2` ~$3~ ~ Ra O ~~g~ g8 ~ k ~ k ~ ~ ~ k€ g~g3~pg€~ ~~ ~°~ ~~ @g~ ~~~o~g ---, ~~ ~ ~ ~x --~ I' ~} `~` a k @R p d &s ilg c .g iA Q ~ Eq~~[~ip c~~~b€~ iY ~ S [[ S k Y .. g }}' y 3 u'e woes' ~ ~R ~~ ~ Y3 3~ 8 Y '~ w~ ~ o~ g 3 ~~ z ~~ s~~~~~¢ ~~Yk~~e a ~3 -- _ g € / I ~ SeSNq :liY PIJLOb 0~-N :llMUY J EXHIBIT 1