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HomeMy WebLinkAboutC2013-293 - 8/5/2013 - NA , D c ::,„ � '"�101 1,, (3 3 Z '1 IIC) 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 quadruplicate originals by and between Rick's Homes, LLC ("Owner"), whose address is 4833 Saratoga Boulevard, Suite 423, Corpus Christi, Texas, 78413, First Community Bank ("Lien Holder"), a Texas banking institution, whose address is 14254 South Padre Island Drive, Corpus Christi, Texas, 78418, 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: I. 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 3, Block 8, London Club Estates, also commonly known by its street address as 2622 Digger Lane II. Lien Holder holds a valid mortgage lien interest in the property described in paragraph I of this Agreement. III. 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. IV. Owner and lienholder covenant 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 and lienholder consent 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 and lienholder agree 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. V. IT IS 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 2013-293'ty limits or will adjoin the City limits by any type of simultaneous 8105113 erties or at a later date to be solely determined by the City Council. Rick's Homes LLC INDEXED V1. Owner and lienholder agree and understand 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 may render the Owner liable for termination of the delivery of water to the property and, upon a 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. VII. 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. VIII. 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 ay of • �, 2013. f OWNEI RICK'S HOMES, LL Hamad os ghasi, Managing Partner ,q STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2013, by Hamad Mostaghasi, Managing Partner, Rick's Homes, LLC. e,e i Nota Pub 's Signature .. N YVONNE MULOZ i' ru xu OF a u)(A Page 2 of 41 Lien Holder: First Community Bank By: EI s 0 ra'ha m Executive Vice-President STATE OF TEXAS § 0 COUNTY OF NUECES § This instrument was acknowledged before me on this the day of w 2013, by Miles Graham, Executive Vice-President, First Community Bank, a Texas anking institution, on behalf of said banking institution. MARGARITA F VASQUEZ Notary Pub-fil Signature Cs �w Notary Pub'k STATE OF TUAS My Comm Exp rN-22•-2017 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: Armando Chapa Wes Pierson City Secretary Assistant Citoknager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a exas home-rule municipal corporation, on behalf of said corporation. KRisTr icx Notary Public STATE OF TEXAS N "ublfic' ignat ure Comm-Ex p. 18.2016 APPROVED AS TO FORM: �' day of -- 2013 Marcie Downing Assistant City Attorne for the City Attorney C!%DOCU MENTS AND S INGSWPED %LOCAL SETTINGMTEMPORARY MTMET FILM LK7111WATER SERVICE CONTRACT BLOCK 9 LOT 7 2622 DIGGER LN DOC Page 4 of 4 e V 1. r 6., m o .......... • 4 NIN, NE i G. " LOT 3, BLOCK s r �a LONDON CLUB ESTATES o'r`�•�••---••••••••.^•^•MWPMIii6.fCff Oi�.!_N©iiC90fOif�f/CS.� CITY LIMIT LINE r N LA+NE p f t �rG w � w f G � a I. YY r v Miles }i} 0 tJ�,075 NY:1�r U.3 a 7u�R Legend "`, Carpus Ch dill Hay i PLANNING.CI TYLIMI TS °°° Cum us!:,hdslf Say Site �4 a Nos N inn @irag Qskw 110t=012 d File PreparedRhSystem ¢tk tSFl K1 t ISFrog�ct @4�ta unPRortdcaa t a,, Stb�@�as 4 @11_6 4_anxd Ulustroolve purposes only City of NAD 190 StoloPlane Texas South FIFS 4205 Feet �` COfi]gS My orCa ahris@@ Development emice LOCATION MAP 1 Christi c ,c �, aroces Dinicar .1 3:10 3 3 7 10 11,10-22AM Erf iiciai I Relcoirlds of NUECES CIDU14TY DIANA T ARRERA COUNTY CLERK Fees $31.010 Airw ;wiavision hiereiin whlllch restricts thip- Sialei Reintal air use of the descir�bed REAl PRIDPERTY beccusie, of Rvicep Culgiry Religionp SCMP Himindicaipt IF:lomiLlial. Stiats.psny or Hatilonal. 1Dr iqiIra II s invalAid avid uirveinflcrcelabl;.Ln under FEDERNI 11 Alh P 3/12/89. STATE DF' TEXAS CIDUNTY IMF, HIUECES I hieirebv ceirtifu thirit this Fur stt-s.meint wias Hi IED iin M.le rambeir sequip-ti1c.'o iDin t1v date anid at the LAmip staim,pesd lhierieiin lbu mep and was dual q RECDRIDED in the 10Mcial Public Records of Nuaces Cic.runt4y Texas Diana T. Bw-rieaira I wli