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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, Charter Bank ("Lien Holder'), a Texas
banking institution, whose address is 3701 Saratoga Boulevard, Corpus Christi, Texas, 78415,
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 2, Block 8, London Club Estates, also commonly known by its street
address as 2614 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
2013-294 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 Haines LLC
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VI. 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 Zb day of �, 2013.
OWNER: RICK'S HOMES, LLC
Al d Mostag asi,
Managing Partner
STATE OF TEXAS
0
COUNTY OF N
This instrument was acknowledged before me on this the ay of
2013, by Hamad Mostaghasi, Managing Partner, Rick's Homes, LLC.
4e"�
N a Pub s Signature,
STATE OF �EXAS
M COMM Exp 08,22-2015
Page 2 of 4
Lien Holder: Charter Bank
By: cv:��
Raleigh Cosby
Presidem Sr. Vice President
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the 30th day of juLY
2013, by Raleigh Cosby, Charter Bank, a Texas banking institution, on behalf of said
banking institution. Sr. Vice President 14 - M
PATRICIA Notary Public's ignat
' _
` M`!COMMISSION EXPIRES
June 14,2011
Page 3 of
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CITY OF CORPUS CHRISTI
ATTEST:
Armando Chapa Wes Pierson
City Secretary Assistant City Wnager
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this �a_ day of ,
2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, aJTexas home-rule
municipal corporation, on behalf of said corporation.
KRI3TY CUN
Notary Pubtic '
STATE OF TEXAS
Comm. 18.2036 Not ry ublic's j&9 nature
APPROVED AS TO FORM: � day of �, 2013
Marcie Downing
Assistant City Attorney
for the City Attorney
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09/08/2013 IL 0:2,24h
Official Reco�ds W'
HLIECES COUNTY
DIANA T. BARRERA
COLMU CI ERK
�ees $31L.00
Aw.:� Pro,vision herain which re�,vt;-,Act,s the Sal,ev
Rentf,A f,:u, us,�:! or the describeiJ
REAL. PRI)PERTY because of Rw:ev Coal orp
Rel.H.Honp SeXP Handir-upip Familial, Statuiir or
National Drisiti is inval,if.1 and t.)newrar,,:ceab]Ie
ti:nder FEDERAI LAWP 3/12/99.
STATE OF TEX:AS
CE.H.114TY OF NUE1,CES
I herebq that thi!s instruw::vvt wcus U:'-II...ED
in Cile number sectuence on the date aniJ at the
time stumped herein bj met aniJ liwas &A,4 KLEMM
:in he Wicial Publk:: Re�:::ords :of
W,Peces Caunt,,iip Texas
Diann T. Barrera
ev,
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