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HomeMy WebLinkAboutC2009-597 - 7/27/2009 - NAORIGINAL WATER & SANITARY SEWER CONNECTION AGREEMENT S'K'ATE OF TEXAS § COUNTY OF NUECES § Doc* 20100044553 THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corpo on, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and tr o -t S 465AeS hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot -4 , hereinafter called "Development ", (Exhibit 1); and, 131-co C-k . 1 WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3 L To not subdivide the development; and To pay pro -rata and tap fees at the time of connection to City water or wastewater; and 2009 -597 07/27/09 uw Rincones, Porf rio, et al INDEXED South Prairie Estates Unit 2, Lot Water St Wastewater Connection Agreement Page 2 City agrees: 1. To allow the property to use on -site water wells and wastewater treatment as - approved by the City /County Health Department 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. 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, CLAMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIlVIITATION 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 SOUTH PRAIRIE ESTATES UNIT 2, 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 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. South Aroirie Estates Unit 2, Lot Cz Water & wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this day of —44—,2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on �AUI' , 2009, A* GUII.LERMO M. MEDINA = W C O MISSM UP r 1Ylerdt 9,2013 Aotary Public, State of Texas CITY OF CORPUS CHRISTI vq/k, Juan Perales, Jr., P!E. Assistant City Manager /Development Services Engineer .STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on �7ices 2994, Juan Perales, P.E., Assistant City Manager/Development Se g ineer, for the City of Carpus lawaitn Christi, Texas. MIIUEFIMOM MEDINA Q MY COMIMSSMN EXPIRES Much 9.2618 ANotaryntate Texas Sy: R.' einin First Assis t City Attorney For City ttomey WATER & 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.Q. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Aloe i4. _arc - %use �� ci hereinafter called "Developer/Owner." - WRICREAS, DevelopedOwner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot _ hereinafter called "Development ", (Exhibit 1); and, -9t (r-K I WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial cons4wtion of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or wastewater manhole at the frontage of the property or the installation of a wastewater lire extension along the frontage of the property; 2. To pay water or wastewater acreage fees at the rate in efect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro-rata and tap fees at the time of connection to. City water or wastewater, and soLdh Pra ft Btfts Urvt Z Lot +doter &W0stewaW Con - *c 1 P P rrwt Poge 2 City agrees: 1. To allow the property to use orx site water wells and wastewater treatment as approved by the City /County Health Depardnent. 2. To allow the Developer/Owner to record plat and not require water or wastewater fine construction. INDEMNIFICATION. DE''VELOPEWOWNER, COVENANTS TO FULLY DMEACNIFY, SAVE AND HOLD HARMLE THE CITY OF CORPUS CHRMI 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 INIURIES (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 CLAEKED 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 1WROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT Z, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEAQQTEES OR ANY OF THEM. Ibis agreements and covenants set forth hem are covenants numing with the land, to be filed in the ice of the Nueces County Clerk Office, and shall be binding on Developer /owner, its successors and assigns, and shall inure t3 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. on Frame Estates Ural 2. Lot Water a Wossem ater Corne AgFeement Page 3 P EXECUTED IN DUPLICATE o 'nail, this d n ay of 20li9. OWNER: ah a STATE OF TEXAS § COUNTY OF NUECES § T ig before me on &u� IL 20W, LORI ANN SDSA * *? My COMMISSION EXPIRES f� December 21, 2013 Notary Public, State Of Texas CITY OF CORPUS CHRISTI Juan Perales, Jr., P.F. Assistant City Manager/Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Pim Assistant Ci r Frrli l ng>ne Christi, Texas. GUt�1.E W M. MEDINA W COMMISSION EXPIRES kz .• Marche. X13 ' Zeta 2989, Juan Perales, P.E., for the City of Corpus Notary Public, State of Texas By: R. y R 'Wing irst sistant City Attorney For City Attorney WATER & 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 0S C& 7 hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot 5 hereinafter called "Development ", (Exhibit 1); and, 6L.0 C. k 1 WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 2 City agrees: 1. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDENINIFY, SAVE AND BOLD 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 PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, 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 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this Z 2. day of 2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ^ 9 , 2009, �'lRY�NVI DEBRA A. LOPEZ _ _� Notary Public, State of Texas - ' My Commission Expires March 33 2010 Notary Public, State of TeX CITY OF CORPUS CHRISTI Juan.Perales, Jr., P.E. Assistant City Manager/Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § 2e 9t This instrument was acknowledged before me on au , Juan Perales, P.E., Assistant City Manager/Development Se ices Ehgin eer, for the City of Corpus Christi, Texas. - _ � y Gf ILLERMa M. ME DINA, - s MYOOMMISSrONEXPIRES a Merr h 9, OD13 �/► , Notary Public, State of Texas By: �R. J ARei g First Assistant City Attorney For City Attorney WATER & 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 hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot o ^ hereinafter called "Development ", (Exhibit 1); and, $i-°cK � WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: I. To connect to City water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and south Prairie Estates unit 2, Lot Water & Wastewater Connecfion Agreement Page 2 City agrees: 1. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEN[NIFY, 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 PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOU'T'H PRAIRIE ESTATES UNIT 2, 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 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. n .. south Prairie Estates Unit 2, lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this Z2 day of /X&4,2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on tf , 2009, DEBRA A. LOPEZ oS ,,RY AbB 4 Notary Public, State of Texas My Commission Expires ,& tL March 31, 2010 J Notary Public, State of Texas CITY OF CORPUS CHRISTI Juan.Perales, Jr., a Assistant City Manager/Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § old This instrument was acknowledged before me on -2449 Juan Perales, P.E., Assistant City Manager/Development Se ices ngineer, for the City of Corpus Christi, Texas. MUMMORMEW W 1DOIrMISS1QN EXPIRES M" a 2013 n Notary Public, State of Texas By= R. y lning Fi st ssistant City Attorney For City Attorney Y . WATER & 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 hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in clmpliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot hereinafter called "Development ", (Exhibit 1); and, SLo c ! WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers /Owner to record the plat of the Development Property without. initial construction of water or wastewater laterals: and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself, its successors, transferees, and assigns, as follows: To connect to City water or sewer within 12 months of the installation of a waterline or wastewater manhole at the frontage of the property or the installation of wastewater line extension along the frontage of the property; 2. To pay water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and South Prairie Estates Unit 2, Lot t Water & Wastewater Connection Agreement Page 2 City agrees: 1. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNIFICATION: DEVELOPERIOWNER, 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 LDNHTATION 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 PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, 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 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 parry beneficiaries from and after the date of execution. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. 17 s, > South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this day of , 2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on C6 �(v , 2009, 6 y V -- Y Notary ublic, State f T xas CITY OF CORPUS CHRISTI ��k \/ Juan Perales, Jr., PE. Ifni Assistant City Manager /Development Services Engineer STATE OF TEXAS COUNTY OF NUECES § Notary SHIRLEY J LONG ry Public. State of Texas MY Commission Expires March 08, 2011 Z010 This instrument was acknowledged before me on 4909; Juan Perales, P.E., Assistant C' a er/Develo ment Se ices E gineer, for the City of Corpus Christi, Texas.n� "' '• GIIILLERW M. MEDINA vita `'- MY COMMISSION EXPIRES - it r March 9,X13 b4w � . /�a L� Notary Public, State of Texas By: R. y R 'ning First Assistant City Attorney For City Attorney WATER & SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi ( "City "), a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 75469 -9277, and A l ber 4 121av ;d C - Wan ( "Owners "). WHEREAS, John & Linda�ikulencak and Able & Cynthia Garza ( "Developers "), and Owners of South Prairie Estates Unit 2, Lot 3 , in an effort to comply with the City's Platting Ordinance, have submitted the plat for South Prairie Estates Unit 2, Lot f , 6 C�f called "Development" in this agreement, as shown on Exhibit 1, which is attached to and incorporated into this agreement; WHEREAS, water and wastewater construction plans and construction are normally a requirement of the plat; WHEREAS, the Development Services' Engineer has determined that water and sanitary sewer service are not reasonably available or of sufficient capacity; WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site; WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on both the Developers or Owners, or on either of them; and WHEREAS, City agrees to allow Developers and Owners to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; NOW THEREFORE, for the consideration set forth hereinafter, the City and Owners agree for themselves, its successors, transferees, and assigns, as follows: 1. The owners of each individual lot agrees for themselves, their successors, transferees, and assigns, to do the following: a. To connect to City water or 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 water or wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection, if water or wastewater services are available within fifteen (16) years from the recording date of the plat; c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater; Page 1 of 4 08 -28 -09 Rev Water & Sewer Connection Agreement -- Owners — 08282009a.doc d. Not subdivide South Prairie Estates Unit 2, Lot , as shown on Exhibit 1. The further subdivision of the Development voids this agreement. 2. City agrees: a. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. b. To allow the Developers or Owners to record plat without constructing any water distribution or transmission lines or wastewater collection or trunk lines. 3. INDEMNIFICATION: OWNERS 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 SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION, 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 PROXIMA TEL Y OR REMO TEL Y, WHOLLY OR IN PART, THE OWNERS' FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR THE DEVELOPERS' FAILURE TO PROVIDE CITY WATER OR WAST,€WATER SERVICE TO THE SOUTH PRAIRIE ESTATES UNIT 2, LOT a , 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 IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FA UL T OF ANY O THER 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; PROVIDED, HOWEVER, THIS INDEMNIFICATION OF ATTORNEY'S FEES DOES NOT INCLUDE ATTORNEY'S FEES INCURRED PRIOR TO THE DATE OF THIS Page 2 of 4 08 -28 -09 Rev Water & Sewer Connection Agreement -- Owners — 08282009a.doc AGREEMENT OR ATTORNEY'S FEES RELATED TO THE DRAFTING AND EXECUTION OF THIS AGREEMENT, 4. This Agreement and the covenants set forth in this Agreement are covenants running with the land; are binding on Owners, its successors, transferees, and assigns; and inure to the benefit of the parties to this agreement and their respective heirs, successors, transferees, and assigns and to third party beneficiaries from and after the date of execution. 5. Prior to recording the plat, this agreement and the covenants running with the land in this agreement must be filed in the Office of the Nueces County Clerk Office. 6. This Agreement and terms of this Agreement terminate upon connection to City wastewater and payment of appropriate fees. eday EXECUTED IN DUPLICATE originals, this of 2009. OWNERS: ,6 erlk I/a riQJ G�Iy�n r I'mewi STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowl dged before me on o� , 2009, by a YOLANDA H. MONTALVO MY Comm' /Notary Public, State of Texas Auguscai 20 Page 3 of 4 08 -28 -09 Rev Water & Sewer Connection Agreement — Owners -- 08282009a.doc CITY OF CORPUS CHRISTI 'l Juan Perale Jr., P.E. � ffq.m. .Assistant City Manager /Development Services Engineer STATE OF TEXAS § COUNT This ins# nt was acknowledged before me on — 2999; by Juan Perales, P. E., I ssis #ant City Manager/Development ServikeY Engineer, for. the City of Corpus Christi, Texas. Notary Public, State of Texas z s.. � 0% GLUEMO M. MEDWA r = MY 00MMISSroN EMPIRES Mesh 9, 2013 APPROVED AS TO FORM: Z-1�'1-- R. a e First Assi City Attorney For City Attorney Page 4 of 4 08 -28 -09 Rev Water & Sewer Connection Agreement — Owners — 08282009a.doc c , f V WATER & 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. Sox 9277, Corpus Christi, Texas 78469 - 9277, hereinafter called "City" and P raSaA + CA, o hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot _ _1�_ hereinafter called "Development ", (Exhibit 1); and, BLOC-I< 1 WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater, and r South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 2 City agrees: 1. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. 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 LDETATION 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 SOUTH PRAIRIE ESTATES UNIT 2, 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 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 parry beneficiaries from and after the date of execution. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. n South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this 22 day of 5 2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on 2009, ` � p`4 PY PVB`� DEBRA A. LOPEZ Notary Public, State of Texas a My Commission Expires co _ .� March 31, 2010 Notary Public, State of tex CITY OF CORPUS CHRISTI Juan.Perales, Jr.:; P.E. ® 6w Assistant City Manager /Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § �C This instniment was acknowledged before me on Juan PeraIes, P.E., Imer-�ft Assistan Manager/Development S ices ngineer, for the City of Corpus Christi, Texas. GUdURMO M. MEDINA _;` My COMMlBSION EXPIRES I — (�� � - NLV� Notary Public, State of Texas By: R. J e' ing F' st A istant City Attorney For City Attorney WATER & 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 /a r ZILQ ^ hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in cgmpliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot _LO hereinafter called "Development ", (Exhibit I); and, Qzoc.tc 4 WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater, and south Prairie Estates Unit 2, lot Wafter & Wastewater Connection Agreement Page 2 City agrees: To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "PgDEMNITEES ") 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 IMTROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNMES OR ANY OF THEM. 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 parry beneficiaries from - and after the date of execution. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. A South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement R Page 3 EXECUTED IN DUPLICATE originals, this r4 day o O 4�� , 2009. COUNTY OF NUECES § This instrument was acknowledged before me on 2009, CITY OF CORPUS CHRISTI V& i e, "ea� N tary Public, S to of Texas Writ" ° '' "• "tt " 4, SHIRLEY J LONG Notary Public, State of Texas MY Cammission Expires March 08, 2011 rales, Jr/ P.E. ���=Assistant City Manager /Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § This Instrument was acknowledged before me on Assistant t Christi, Texas. GUILLEW M. MEDINA �'- MY COMMISSION EXPIRES MMCK 2013 By: R. y Re' ng First Assistant City Attorney For City Attorney , 2409-, Juan Perales, F.E., , for the City of Corpus Notary Public, State of Texas STATE OF TEXAS § h WATER & 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 DOL-MG3 6134a 1 hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's �Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot _1_L� hereinafter called "Development ", (Exhibit 1); and, S L° r l WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owaer to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 2 Ciry agrees: To allow the property to use on -site water wells and wastewater treatment as approved by the City/County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. 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, MAIN'T'ENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, 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 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this �0' day of bvv- — 1 2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES § IMF This instrument was acknowledged before me on 2049, DEBRA A. LOPEZ Notary Public, State of Texas my commission Expires �' % �«��;;' March 31, 2010 Notary Public, State oftexag CITY OF CORPUS CHRISTI ® Juan ,Perales, Jr., O.E. I� Assistant City Manager /Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § 2,0r0 This instrument was acknowledged. before me on , Juan Perales, P.E., hates- Assistant City Manager/Development S ices ngineer, for the City of Corpus Christi, Texas. GUILLEWO M. MEDINA ' My COMMISSION EXPIRES „ Mar+ch 9, ton A Notary Public, State of Texas By: R. J ei '11g First Assistant Ci y Attorney For City Attorney WATER & SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COIfNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi ( "City "), a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 76469 -9277, and y n 1 s„ 4uyj pa xc .44A 1 'e ,, ( f Owners "). WHEREAS, John & Linda Mikulencak and Able & Cynthia Garza ( "Developers "), and Owners of -South Prairie Estates Unit 2, Lot f 5, in an effort to comply with the City's Platting Ordinance, have submitted the plat for South Prairie Estates Unit 2, Lot ( q 61 called "Development" in this agreement, as shown on Exhibit 1, which is attached to and incorporated into this agreement; WHEREAS, water and wastewater construction plans and construction are normally a requirement of the plat; WHEREAS, the Development Services' Engineer has determined that water and sanitary sewer service are not reasonably available or of sufficient capacity; WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilibes within reasonable proximity to the site; WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on both the Developers or Owners, or on either of them; and WHEREAS, City agrees to allow Developers and Owners to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; NOW THEREFORE, for the consideration set forth hereinafter, the City and Owners agree for themselves, its successors, transferees, and assigns, as follows: 1. The owners of each individual lot agrees for themselves, their successors, transferees, and assigns, to do the following: a. To connect to City water or 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 water or wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection, if water or wastewater services are available within fifteen (15) years from the recording date of the plat; c. To pay applicable pro -rata and tap fees at the rate in effect at the time of connection to City wastewater; Page 1 of 4 M28-n9 RaV WOW 8 s - r CMUM n MMM19 rt - OMOM - DM2M9a.dW d. Not subdivide South Prairie Estates Unit 2, Lot I W , as shown on Exhibit 1. The further subdivision of the Development voids this agreement. .2. City agrees: a. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. b. To allow the Developers or Owners to record plat without constructing any water distribution or transmission lines or wastewater collection or trunk lines. 3. INDEMNIFICATION: OWNERS COVENANT TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, rINDEMNITEES ") AGAINST ANYAND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EKTENT 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 IN PART, THE OWNERS' FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR THE DEVELOPERS' FAILURE TO PROVIDE CITY WATER OR WASTEWATER SERVICE TO THE SOUTH PRAIRIE ESTATES UNIT 2, LOT 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, EKERCISE 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 IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WI TH THE FA UL T 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 N CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT, PROVIDED, HOWEVER, THIS INDEMNIFICATION OF ATTORNEY'S FEES DOES NOT INCLUDE ATTORNEY'S FEES INCURRED PRIOR TO THE DATE OF THIS Page 2 of 4 M28-05 Rev WaW & SOuver CW feMn MMMent — OWrM — D82820093 00C AGREEMENT OR ATTORNEY'S FEES RELATED TO THE DRAFTING AND EXECUTION OF THIS AGREEMENT. 4. This Agreement and the covenants set forth in this Agreement are covenants running with the land; are binding on Owners, its successors, transferees, and assigns; and inure to the benefit of the parties to this agreement and their respective heirs, successors, transferees, and assigns and to third party beneficiaries from and after the date of execution. 5. Prior to recording the plat, this agreement and the covenants running with the land in this agreement must be filed in the Office of the Nueces County Clerk Office. 6. This Agreement and terms of this Agreement terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this )�� day of M- ve- er , 2009. OWNERS; _te t Le" ( f/Lo 9CGc.w�c , L "" ( STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on A t IF 2009, WM ANN DOUGtgs Notary Public, State of Tex MYCOMMrssro�,E,s $' f,; May is, 2010 Page 3 of 4 08 -28-09 Rev Water & Sewer connection Agreement — Owners — 08282009a.doe CITY OF CORPUS CHRISTI Juan Perales, Jr., P.E. Vii- Assistant City Manager /Development Services Engineer STATE OF TEXAS COUNTY UECES § This ins nt was acknowledged before me on P.E., Intek Assistant City Manager /Developmi Corpus Christi, Texas. ujhA�4 & kI Notary Public, State of Texas APPROVED AS TO FORM: R. J ei g First Assistant City Attorney For City Attorney Page 4 of 4 00/0 ,- by Juan Perales, Engineer, for the City of cMLEFW At MEDINA MY COMMISSION EXPIRES M" %ems 0 8-28-09 Rev Water & Sewer Connection ,agreement - Owners — 08282009a.doc WATER & SANITARY SEWER CONfiECTION 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.Q. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and i f sana &4 - hereinafter called "DeveloperfOwner," WHEREAS, Developer /Owner in compliance with the City`s PIatting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot 2 0 hereinafter called "Development ", PExhibit 1); and, i6i ocl(- I WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has deternwted that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer /Owner agrees for itself its successors, trans� and assigns, as follows. 1. To connect to City water or sewer within, 12 month's of the installation of a waterline or wastewater manhole at the frontage of the property or the installation of a wastewater tine extension along the frontage of the property; 2. To pay water or wastewater acreage few at the rate in of feet at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -ram and tap fees at the time of connection to City water or wastewater and Soum Pow Estates flat 2, Lot Wader & WastewcdW Connaefion Agreement Poge 2 City agrees: 1. To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer/Owner to record plat and not require water or wastewater line construction. INDEmIFICATION: DEVELOPERIOWNER, COVENANTS TO FULLY VWEMN FY, SAVE AND HOLD HAI MELESS THE CITY OF CORPUS CHRFSTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "IIVDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT IRKITATION 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 WITS, 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 IMPROVEAIENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEAL This agreements and c ovenants set forth herein are covenants runmg with the laud, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on DeveloperA)wner, its successors and assigns, and shy nwre to the benefit of the dies hereto 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 should expire, be completed, Won comection to City water and -wastewater and payment of appropriate fees. ain Prattle Estoies Unit 2. Lot wbter & wastomter Connection Agreement Page 3 r �a EXECUTED IN DUPLICATE originals, this ! day of 201 : OWNER: COUNTY OF NUECE,S § � a This ins on J� Z 2009 4 - 4 LORE ANN SOSA MY COMMISSION EXPIRES Decembe 21, 2013 otary Public, State of Texas CITY OF CORPUS CHRISTI Juan Perales, Jr.,X.E. Wepkim Assistant City Manager/Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § ter© This instrument was acknowledged before me on Juan Perales, P.E., Ubmim ® Assistant City Manager/Development S ices ngineer, for the City of Corpus Christi, Texas. N. �'" QKLS1oKMenNn y` MY COMMISSION aPRES Wrch 9, 2013 r Notary Public, State o Texas By: R. J yI5 First Assistant Ci Attorney For City Attorney n WATER & 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 Carl 0. Falk, Jr. and hereinafter called "Developer /Owner." Patricia J. Palk WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot 4 7 hereinafter called "Development ", (Exhibit 1); and, 5Lt O C.K 2- WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers /Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and South Prairie Estates Unit' `1Z Water & Wastewater Cont -don Agreement Page 2 City agrees: To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. 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 PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF SOUTH PRAIRIE ESTATES UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNTTEES OR ANY OF THEM. 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. South Praine Estates Unit t 17 r Water & Wastewater Cor„ . _ ;lion Agreement Page 3 EXECUTED IN DUPLICATE originals, this y cla of 2009. OWNER: Carl O. Falk, Jr. Patricia J_ Palk STATE OF TEXAS § COUNTY OF NUECES § r' This in�+ acknowledged before me on 2009, ��� ; •'• 1V�T.ghi . �J �i 0 ,� Notary Public, State of Texas CIT ?IQ, ed1�U HRISTI ��hllfl #lililll� � (R Juan Perales, Jr4 P.E. Assistant City Manager/Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § �l� This instrument was acknowledged before me on , Juan Perales, P.E., latopim Assistant City Manager/Development Se ices 1�eer, for the City of Corpus Christi, Texas. GUlLLERMO M. MEDINA Y; MY COINMI5510N EXPIRES e Mamb 9, 2013 Notary Public, State of Texas By: R. ' Ja Ike g Fink ssistant City ttorney For City Attorney WATER & 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 Robe.&�t? i �_,,_fes* a A- 6. hereinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot j J_ hereinafter called "Development ", (Exhibit 1); and, S LO C k 2 WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers / Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and . 4 , South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 2 City agrees: To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDENUCTICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDENMTEES ") 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 CLAIlRED 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 SOUTH PRARIIE ESTATES UNIT 2, 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 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this Z,2 day of 2009• OWNER: �J . STATE OF TEXAS COUNTY OF NUECES § i This instrument was acknowledged before me on e- V�- , 2009, .00" i DEBRA A. EOPE.Z ' Tr Notary Public, State of Texas j�n My Commission Expires t(, IL March 31, zaio Notary Public, State of Texas CITY OF CORPUS CHRISTI \Act," / 4\/ rales, Jr:, P.E. ( 4 1pc � Assistant City Manager /Development Services Engineer STATE OF TEXAS § By: R. Jay First Assistant City Attorney For City Attorney COUNTY OF NUECES § z0/0 This instrument was acknowledged before me on 9; Juan PeraIes, P.E., Assistant City Manager/Development SVices ngineer, for the City of Corpus Christi, Texas. 4� 0� �- Notary Public, State of Texas WATER & 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 Chri 4 ' Texas 78469 -9277, hereinafter called "City" and�nr 't A r, L:Ac k%la -Sy 4 reinafter called "Developer /Owner." WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for South Prairie Estates Unit 2, Lot 9 hereinafter called "Development ", (Exhibit 1); and, B L10 GK Z WHEREAS, water and wastewater construction plans and construction are a requirement of the plat, and WHEREAS, the Development Services Engineer has determined that water and sanitary sewer are not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of water or wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth 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 water or sewer within 12 months of the installation of a waterline or 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 water or wastewater acreage fees at the rate in effect at the time of connection if water or wastewater services are available within fifteen (15) years from the recording date of the plat; 3. To not subdivide the development; and 4. To pay pro -rata and tap fees at the time of connection to City water or wastewater; and Soah Prdne Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 2 City agrees: To allow the property to use on -site water wells and wastewater treatment as approved by the City /County Health Department. 2. To allow the Developer /Owner to record plat and not require water or wastewater line construction. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( 11 INDE3W4ITEES ") 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 SOUTH PRAIRIE ESTATES UNIT 2, 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 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. Agreement and terms of the agreement should expire, be completed, upon connection to City water and wastewater and payment of appropriate fees. l South Prairie Estates Unit 2, Lot Water & Wastewater Connection Agreement Page 3 EXECUTED IN DUPLICATE originals, this 22 day of 2009. OWNER: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on � cr, 2009, eY ?oB•., DEBRA A. LOPEZ r }* = Notary Public, State of Texas � My Commission Expires 4 �•.,; �� �� �.�' March 31, 2010 CV Notary Public, State of texO CITY OF CORPUS CHRISTI z / " V (Zat, Vz Juan.Perales, Jr , P.E. 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Yartlopmwv II.CA•R. tl� Pwwa w..w..woyu..ly c w.r+ww�+r� l�.,.l arowxm.u.uo WCMS " Fx. r.r.W,� .�+..,.,+r.. wear...* °O w+.'"`rr�w�.el..�wx - amnrYr.r4DUy T .�.mwrw.rx...w� `.moo. a.,dr.. Dana'•. raLa� t la narL., mo w `"^.' w•�` +rM9r . s �gr'ne. •r�'R°+Pr.�e+•�.y' it CxwiY4rde U. L4rxur. siw� >gUpW w a s r.° r4 WWJ!"NY®bLLW ��>N�b�n.uW>�b{p YF,r �]vrr"1P 9L ul+.�.Y�s.ai Y +5tiYrWwiFM {wl� w:.'�: ORIGINAL Due# 2010004495 # Pam 46 02/19/2810 3.45PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $201.25 STATE F TEMS COUNTY OF NUECES I hereby certify that this instrument was FILED in mile number sequence on the date and at the time stamped herein by se, and was duly RECORDED in the Official Public Records of Nueces Crunty, Texas Y t zy1��, DIANA T. SARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental er use of the described REAL PROPERTY because of Pace, Color, Religion, Sex, Handicap, Familial Status, or Nat iunai origin is invali and unenforceable under FEDERAL LAW, 3 /12/85. A c v J / /°o rT