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Home My WebLink AboutC2009-400 - 10/13/2009 - ApprovedSANITARY 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 London Independent School District, 1306 FM 43, Corpus Christi, Texas 78415, hereinafter called "Developer/Owner ". WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, has submitted the plat for London School- Tracts, Lot 3, hereinafter called "Development", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, 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 hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. 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 collection line along the frontage of the property; b.. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; c.. To pay applicable pro-rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; d. To subdivide the Development no further than what is shown on the Plat of London School Tracts, Lot 3, attached as Exhibit 1; further subdivision of the Development voids this agreement; and 2009-400 Ord. 028346 10/13/09 London ISD Sanitary Sewer Connection Agreement London School Tracts, Lot 3 Page 2 of 4 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City/County Health Department. b. To allow the Owner to record plat and not require wastewater line construction. 3. 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 SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM C-TY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR /N PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE London School Tracts, Lot 3, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT /F CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must 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. Sanitary Sewer Connection Agreement London School Tracts, Lot 3 Page 3 of 4 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this ~ day of G7~'0 , 2009. DEVELOPER/OWNER: London Independent School District 1306 FM 43 Corpus Christi, TX 78415 `~/ ' '~ Vicki George Chief Financial Officer STATE OF TEXAS. § COUNTY OF NUECES § This instrument was acknowledged before me on ~ ~ 2009, by Vicki George, Chief Financial Officer, London Independent School District ;:~""d:% ANNABEL ILDELI2A DAVIS ,.o: • .•. .ar 4'c Notary Public, State of Texas s ~ ~~ My Commissi n E pi ~'~''FO~~E'~ January 30, 2013res ~ ,`, """"~~~ Notary Public, Sta a of Texas APPROVED: October ~, 2009 ay: ~ Juan Peral , Jr., P.E., Development Services Engineer APPROVED: October ~S " ; 2009 By: ~,,~ ~-____~ eborah W. Br Assistant City Attorney For City Attorney ~.:.,~ ~~'~~ AUTHUR12~~ c~~RClI. t 3 0~ _~~ SECRff~ /'~~ _. cl~ s~cn~rA~y C:\DOCUMENTS AND SETTINGS\VGEORGE\MY DOCUMENTS\ESC CHILDRENS LEARNING CENTER MUSEUM\LONDONSCHOOLTRACTS. LOT3.SAN ITARYSEW ERCON N ECTIONAGREEMENT. DOC Sanitary Sewer Connection Agreement London School Tracts, Lot 3 Page 4 of 4 ~ ; b~ ~ ~ t I ~ ~~~_ ~~ ~ ~~~ ~~ ~~ ~ I~ ~~~ s"~ ~r ~s~ ~~ ~ gg ~ :j ~' a ~~ ~ ~ _~ ~ ~~ I ~s < o Wg~ g~`~'l~l w o ~ ~~ h 'tl'J ~ ¢ _ g ` ~ ~ ~ ~ ~~~a ~ ~~ ~ ~~a ~ 5~a ~~ ~ o ~~ ~aU T'tl~ n5 m•a >- (~ ~~~b F_ ~~ ~ ~~S~m~ ~ ~g~~~ ~ l :~ ~~ ~~mR r ~ "~ o ~~~~ ~ ~~a~~a ~~~~~ ~ ~ ~~~ ~ ~ ~~ ~ ~ k ~ .~ U ~~ ~ 5~go3 ~ ~d~~gr ~~ ~~ ~ ~ ~ o ~ i ~ ~ ~~ a~~~ _ ~ w~`~~~ ~s ~~ ~s ~ ~ ~~~ ~ z ,:~ ~z~ ~ ~ ~ ~~ _~~ ~ ~ ~~LL e~ ~ ~ Z~ asca 1 ~h5. ~~ ~ , ~~ f~ <~ ,f9'tZL M,Ol;S4.ON I `~ C ~~ €~.a a~ $ $ € ~`~ o ~ ~" €a o ;_ ~ N N s ~ _ gg QQ r+~~ ,64'4Zi 3.ZS.tiS.OS. Y I [ I ~ ~..5 ~ ~ ~ Y _ ~ - ~ ~ ~- d ~g'a"t ~ ~ -~ Wm ~ ~ f%r~~S 5 3~~~~~~ ~' Nd~ ~ 8 .~~ ~ ~a ~~ ~ a ~ o~~ ~ ~ ~ ~~. ~ $ ,84'S9z d ~- ~~k'~ ~~~ k'7, ~- ~ ~ Y' 3~ . ,£S'Z tf M,n:OSAN ~ a 71 ~ ~ .~ ,` <, , z gaol. ~Q ~~9a~~~ h~~2~~~~ .~ ~~ m~~S$ 3'Ag51Q1d PtS060 SON 'JNU~!MO M1Y 60:B fib-60-[A 31v410'Id SANITARY SEWER CONNECTION AGREEMENT EXHIBIT 1 ORIGINAL Doc# 2009042767 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 London Independent School District, 1306 FM 43, Corpus Christi, Texas 78415, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for London School Tracts, Lot 3, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site, 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 hereinafter, the City and Developer agree as follows: 1. The owner of each individual lot agrees for itself,, its successors, transferees, and assigns, as follows: a. 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 collection line along the frontage of the property; b.. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; C.. To pay applicable pro -rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; d. To subdivide the Development no further than what is shown on the Plat of London School Tracts, Lot 3, attached as Exhibit 1; further subdivision of the Development voids this agreement; and STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence an the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas DIANA T BARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Colar Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 200904E_767 # Pagges 5 10/21 /2009 9:12AN Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees 131.00 ORIGINAL oily of corpus Christi C lovolo,n ont Services! pooial Services X406 Leopard, Suite 100 totput Chststi. TX 78408