The URL can be used to link to this page

Home My WebLink AboutC2010-360 - 9/14/2010 - Approved 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 Mitchell and Courtney Vicha, 8033 Saint Laurent Drive; Corpus Christi, Texas 78414-6050, hereinafter called "Owner ". WHEREAS, Owner in compliance with the City's Platting Ordinance, has submitted the plat for Vicha Estates, Block 1, Lot 1, hereinafter called "Lot", (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 Owner, and WHEREAS, it has been determined that the area will not likely be served by the City wastewater services within the next fifteen (15) years; NOW THEREFORE, for the consideration set forth hereinafter, the City and Owner agree as follows: 1. The Owner of the 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; and b. To pay wastewater lot or acreage fees, whichever is greater, at the rate in effect at the time of connection to City wastewater; and c. To pay applicable pro-rata and tap fees at the rate in effect at the time of connection to City wastewater; and d. To subdivide the lot no further than what is shown on the Plat of Vicha Estates, Block 1, Lot 1, attached as Exhibit 1; further subdivision of the lot .rnirln +h~~ agreement; and Zola-3~o Ord. 028777 09/14/10 Vicha, Mitchell & Courtney ~~~~~ Sanitary Sewer Connection Agreement Vicha Estates, Lot 1, Block 1 Page 2 of 4 2. City agrees: a. To allow the property to use wastewater treatment as approved by the Ci#y/County Health Department. b. To allow the Owner to record the plat and not require wastewater line construction. 3. INDEMNIFICATION: 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 CITY 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 TD, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR !N PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT DR TO PROVIDE CITY WASTEWATER SERVICE TD VICHA ESTATES, BLOCKI, LOT 1, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED 70 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 TO VICHA ESTATES, BLOCK 9, LOT 7, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE lNDEMNITEES 4R 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 lNDEMNITEES, OR ANY OF THEM, BUT NOT IF 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 !N CONNECTION WITH 7HE 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 shalt be binding on 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 Vicha Estates, Lot 1, Block 1 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 TRIPLICATE originals, this 1~ day of~ r , 2010. OWNER: Mitchell and Courtney Vicha 8033 Saint Laurent Drive Corpus Christi, Texas 78414-6050 ~ ~~~~~ Mitchell Vicha Owner STATE OF TEXAS § COUNTY OF NUECES § Courtney- ha Owner This instrument was signed by Mitchell Vicha and acknowledged before me on the '~~ day of ~,,,~ew,b~r , 2010. „,., ~ t x~w~~ e~,uv~rr ~ "~" ~: ~lYGa14iM13S1QEJEKP~RES z~y~~,r ~'et~,ary~,zots N ary P lic, St o exas STATE OF TEXAS § COUNTY OF NUECES § This instrument wa signed by Courtney Vicha and acknowledged before me on the 1~``'' day of ~~e.a~`a-ew~~ ~r , 2010. „~ =' `~ xarn~c~uvnl~ ~'•.~. i4lY COlufMISSIOIV EKPlRES ehn~ary 2,2013 .~,~ ~ Sanitary Sewer Connection Agreement Vicha Estates, Lot 1, Block 1 Page 4 of 4 CITY OF CORPUS CHRISTI: ~' Juan Perale , Jr., P.E. Assistant City Manager) Development Services Engineer STATE OF TEXAS § COUNTY OF NUECES § ,~ ~~ ~ ~[1THnRlzl"D ~~ ~ftl~[;Il.,.,l~..~~ S~GRETARY ~1• This instrument was signed by Juan Perales, P.E., Assistant City Manager) Development Services Engineer, for the~,City of Corpus Christi, Texas, and acknowledged before me on the ' --h day of , 2010. APPROVED ON this auu~~o~. ~a~, ~av co-a ~ ~~s~~~s ~,. , 1 ~D~.. Notary Public, State of Texas F~~- day of ~ ~~~ 20'10: ~~ By: ;~ ~1 ~ ~~ ~ ~t~~r~ e rah Walther Brown stant City Attorney For City Attorney z 0 (mal dlve hL~ aHine 7 Gow1oH ~'Sb-li 'a6Nd Y 'lal5 atl Eala 1 uawnp P~ln uuoj I^uPu3 Pao YnIB ~noli LG ~11a.5 'Lf lol ~' i, ,' ~~ J ~~ S9po a ~ I ra {b 2 L~_8 0 0 _6 fa g ~ $~~~~ _~ ~° m~~ ~ u~ s J ~~ ~ ~~fie E ~ b_~e ~ Vu ~ a ~~o ~.s 5 e 5 - i ~ ~ `c ~~ I Q~_ W G s: lea s ~ ~ ~ s ~ ~ ~~~ _ ~ ~ ~ ~= ~~~fi - i ol; " '~S 8d s~~sn ' ~a° ' s rocaP a go$8a I I 1 ~ q, ~~ I ~~o %~ c° 3 ~~~" o~ ~ s E ~ ~q€ea Sa m °s I I ao~~ I ~,~ a°~~ a I~g ~~ ~ ~~ o ~9c9e R~ 8^ II b~~~~ do C i" ~ a~ deg `t o _~ yiyE `aE I ~3 -° I ~E o n, I $" _o ~m$ i~ E$ ~ '~'~ ~~ _xxa`s ~ 3~ ~e ~~ ~ ~~ ~~ ~~ ~ lei ~~ _b'o: ~~ #~ e g ~ ~ z rl $ '' ° 8 Fl r~3'v~~ ~° ~ $ nE°`oOd~ _ r a ~ z °,<3 ~ 90 ~ ~~a av~ ww~~~~y l,. y E ~ ~ o ~ v q ti Ls .ana.s cc i~ q ky '~ e ~ ,5 ri o c ~ ~ ~ ~ K u ~ ~ .c Caw '.9~ua o.~y i~w,~a ~m~ » ,.~w1 U „y p m E av o u a v E ;, 8 0 ~ .° o g I° aLL;;°' moo g ~ °;' ,~°- ~"~ diN~ `.~ _ ._ V d~ O e ti ~ w` ~ ' ~ `° `'_ 'T ~; ;{ ~ °o ~+ ~ ~lh c~i[i~s~ ~®~'a n~ o _ ~~ „ ~ `, ~3 'sgg~'~~ .R emu' ? S ~aEY°~ ~R~La ~jh Ioew. Hwy y~ ~ ~ llc~'~~~ 66 ~r - - ~~ , 9gse` ~Y ~~~E ~ ~ ~ ~S~VJ Spy 0.e :~ ~„~ ss rvo ~ _____~.l. ,xtlro relmosaoe 'on v.y 'ansl _~ ---- _ ____ `('1'~Y+'N'~ h15S10900t 'oN 'oon}'yuuaee3 'p~Q'N CeL~_____ .~ ucnaas pppa uwPIWA io eulNa~uag . i~ra n 'ce- ., '=sa Y 'lah) 'M'0'tl R6 g ~ va, ~ o r ' a-` 80$ ~ fi y ~ obi ~~° ~ a~m co~ eE ~~'s ~~i =°-e _ ~ o $ ~" -i~~ a~~ \~ a' d"o ~ ~ o~~ ~ 3 C ~v cez' °'a`a ~ ~s o~ moo m~~= a' !-----I-------- ~~ ' m oo;oo ~ x-°_~ i p~'9'2 I ~ = ~ ~ ~_~~~ `~ ~ i a`;~ ~`"a3E ~ a~ ~eea. , -s~ %s y°~'€ 3e eG - I ~~~~~ I ~n:~= s ~ ° . ~ ~~ ~ y~ ° F ~ ~z 4= ° " ~ ~~ ° g a ~.~ _ y ~~ a=sa_°s~ ~ ~~ ~~ 1 R la 5 EXHIBIT 1