The URL can be used to link to this page

Home My WebLink AboutC2012-007 - 1/17/2012 - 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 Edward Gonzalez, 6113 Queen Jane Street, Corpus Christi, TX 78414, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the Unified Development Code, hereinafter called UDC, has submitted the plat for The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat; and WHEREAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; 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; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer /Owner agree as follows: 1. The Developer /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. 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 at the rate in effect at the time of connection to City wastewater. d. To subdivide the .lot no further than what is shown on the plat attached as Exhibit 1; further subdivision of the lot voids this agreement. 2012 -007 Ord029354 01/17/12 Gonzalez, Edward Sanitary Sewer Connection Agreement The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22 Page 2 of 5 Developer /Owner's liability pursuant to this Agreement as to each lot shall cease upon Developer /Owner's conveyance of the lot to a third party purchaser provided that Developer /Owner conditions each conveyance with the requirement that the subsequent owner of each lot is bound to comply with Developer /Owner's obligations hereunder. Developer /Owner shall incorporate the substantive terms of this Agreement in the Deed Restrictions, and such inclusion in the Deed restrictions shall constitute compliance with this paragraph. 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department in compliance with State and local regulations. b. To allow the Developer /Owner to record the 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 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 TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE COVES AT LAGO VISTA UNIT 3, BLOCK 2, LOTS 21 & 22, INCLUDING INJURY, LOSS, OR DAMAGE 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 TO THE COVES AT LAGO VISTA UNIT 3, BLOCK 2, LOTS 21 & 22, INCLUDING THE 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 FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE Sanitary Sewer Connection Agreement The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22 Page 3 of 5 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. 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this &lay of , 2011. DEVELOPER/OWNER: Edward Gonzalez 6113 Queen Jane Street Corpus Christi, TX 78414 Edward G •+ STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Gonzalez and acknowled e before me on this , day of & , 2011. Public, State of Texas VICTOR M. GONZALE7 JR. NOTARY PUBLIC, STATE of T'O MS My COPAMSSICCN E,Pl ,OFS ' Y?. --Wf Sanitary Sewer Connection Agreement The Coves at Lago Vista Unit 3, Block 2, Lots 21 & 22 Page 4 of 5 CITY OF CORPUS CHRISTI: F�udy Garza Interim Assisi Development Cit Manager of ces Departme Support Ser� e� �j 0 STATE OF TEXAS § COUNTY OF NUECES § EA,7? (- This instrument was signed by Rudy Garza, Interim Assistant City Manager of Business Support Services, Development Services Depa n , for the Cit of Corp Vs Christi, Texas, and acknowledged before me on the lay of � , 2011. a PVB� KENE SAPENIER Notary Public, S ate o exaS Notary Public, State of Texas My Commission Expires `1 Hgµj4i` � October 15, 2013 APPROVED AS TO FORM ONLY this/ day of �� , 2011. By Aeb orah r✓3� P/I Walther Brown ssistant City Attorney For City Attorney AGREEMENT becomes effective and binding from and after the date that duplicate original copies have been executed by all parties. : sa ® _mrc m eawo'mnm Du ram emeoa coin n wn mavu Wild. 1 1 � � ,.use :� r _ � �d°41�'�: _ L � _ � � ,a. Ieamma I b�ue sn o�e•.c \� sevlo'o,•., c9ae' ,n ,rte an r.,•.,r, w,rsn,oweoov xu,v:, orr o. rR u.,e M�K K IYAe �® #! I,+a Jl. .. g ass Aar¢ SITE M— D 19a 9M� xlow wun: vu m 1° in�" oosmm, � 0Cd98� r HIM i'°rnO'm`er °®'rm'mum e.nwe ar ova ,>.I I - I , ua uei uu, :ui — I, ------- - - -�`v yam'' P.. no w ,u i- +�-- .n•r.. : m, a Dcavn• r .'w , g ear. due "ara ir. +n,�irrpvi u� Im KRxcx Exhibit 1 i CD LA 0 N W � o w �' RRR � rN+ a s s •• +� ° g + Flat ofa8r29= e tad dee e r � d d f,p e �� d � toW pn z . / 1 1 8 92,kSSRTXIYai.b16' 1 A'mgC.Olg114dYREaICebLppRicY as iv=ded in Doc. 0 2OB0YIM, RY.1C.Q\.N.�L..LL. :iY' rva��mq acaoCrmm� Also bdn$ mu# of tbp IV /2 Of won 32 of the Laurelea & Tae Mrass as x+ec z& vol=es 8, page is, MILM.C,T'. rnsµ A� fA / /,�[1RIRl K.WlIRRly lb4�11[LilBdl�ppe ' l NOKLWIWi!@�iLLftlllfl�!K r I x arlr Iwo arol owurra ,.waaarr�arao,%nrxmex+anwm � � � uerweenis ,rrcromw,e'nr>ra�e- ,wase�er>�' � �� KM9R�ICd1Md![,WFWMNCANm T9W6.ffii aul� za :o-H _ � � � Pv�niNS con�i�issiau - - —_ 1 • GFAPHiC ScA` iE 7A' 7B9' S w e^ a W Seek 1 1 � � ,.use :� r _ � �d°41�'�: _ L � _ � � ,a. Ieamma I b�ue sn o�e•.c \� sevlo'o,•., c9ae' ,n ,rte an r.,•.,r, w,rsn,oweoov xu,v:, orr o. rR u.,e M�K K IYAe �® #! I,+a Jl. .. g ass Aar¢ SITE M— D 19a 9M� xlow wun: vu m 1° in�" oosmm, � 0Cd98� r HIM i'°rnO'm`er °®'rm'mum e.nwe ar ova ,>.I I - I , ua uei uu, :ui — I, ------- - - -�`v yam'' P.. no w ,u i- +�-- .n•r.. : m, a Dcavn• r .'w , g ear. due "ara ir. +n,�irrpvi u� Im KRxcx Exhibit 1 i CD LA 0 N W � o w �' RRR � rN+ - � ,� x� . K� L4 �7� ~ C)( ' --� ^' - �� _ � � Doct 210120111-55 � Pages 6 03/27/2013 2:49PM Officiol Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any Provision herein which restricts the Gale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Fomiliul status, or National Oriy|n is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NWECE3 I hereby certify that this instrument was FILED in file number senumncm an the date and at the time stumned herein by mm, and was dulu RECORDED in the Official Public Records of Numcms Countu, Texas Diana T. Burrmro A ) ��'.