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Home My WebLink AboutC2013-283 - 7/17/2013 - NA STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT ("Agreement") made and entered into in triplicate originals by and between The Lone Star Mark Inc., dba Kingdom Builders (Owner), whose address is 4833 Saratoga Boulevard #612, Corpus Christi, Texas, 78413, and the City of Corpus Christi ("City"), a Texas home-rule city of more than 300,000 in population, a municipal corporation, and body politic under the laws of the State of Texas, whose address is 1201 Leopard Street, Corpus Christi, Texas, 78401, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: 1. Owner is the lawful owner in fee simple of all existing rights, title, and interest therein of all the following described real property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi and, further, the property is not principally used for port-related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, such property being generally delineated on the map attached to and incorporated by reference in this Agreement as "Exhibit A" and being more particularly described as follows, to-wit: Lot 9, Block 3, London Club Estates, also commonly known by its street address as 2543 Digger Lane II. City agrees to deliver City water to such property or to waterlines on the property under rules and regulations promulgated and authorized by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi. III. Owner covenants to construct all improvements on the property under all applicable City codes, rules, and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner consents to inspections of all of such construction by duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner agrees that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the construction of the improvements. IV. IT 1S AGREED by and between the parties to this Agreement that the above described real property shall be included within the corporate boundaries of the City of Corpus Christi and shall become a part of the City, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi, at some later date; and Owner and Lienholders agree to annex said property with the effective date of such annexation being the date when the property adjoins the City limits or will adjoin the City limits by any type of simultaneous annexation of other properties or at a later date to be solely determined by the City Council. V. Owner agrees and understands that, in addition to any other legal or equitable remedies available to the City, a breach of any of the covenants or conditions stated in this Agreement 2013-283 ble for termination of the delivery of water to the property and, upon a 7/17/13 The Lone Star Mark Inc. INDEXFn finding of fact by the City Manager that any of the covenants or conditions have been materially breached, the delivery of water to the property of Owner shall be terminated. VI. All connections to the City water system are subject to the same laws, rules, and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, applicable to consumers within the City limits. VII. IT IS AGREED by and between the parties to this Agreement that all of the above-stated covenants and conditions shall be binding upon the successors and assigns of the Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this day of A I Iii , 2013. OWNER: Kingdom Builds m it rza ill dom EtEr5 ^^^ "',,�; E OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2013, by Mark Garza, Kingdom Builders. �w i ry ublic' ,signature JUAN LUGO &•" ^- Niul rY P ubkc,stare of Texas P�y Commission Exp res October 15, 2013 +rur,st K%DEVELOPMENTSWSWEGIAL SERVICEWPL>ATSMATER CONT CT%LONDON CLUB EETATESMATER SERVICE CONTRACT BLOCK 3 LOT 9.2543 MGM LN DOC Page 2 of CITY OF CORPUS CHRISTI ATTEST: Armando Chapa s iers City Secretary Assistant Ci nager STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on this 1°1 day of 1AIIJ , 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a ITexas home-rule municipal corporation, on behalf of said corporation. 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