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HomeMy WebLinkAboutC2013-294 - 8/5/2013 - NA nry .ii.. ........ L ..... .....i.. ....� ii.i....ry .^iiir 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 INDEXED i r, 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 r 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 C%DOCU ENTS AND SMINGS%YPED VLOCAL SETTINGS%TEMPPJ RY WTERN FILESIOLIK7EMATER SERVICE CONTRACT BLOCK 8 LOT 2 N.14 DIGGER LN9 DOC Pugs 4 of 4 ,r m, "w�'� I� � ��� .� ,� . �� � .�.'^•,.� ,.� �`"gym, I tl rrr� V J� I �. LOT 2, BLOCKS LONDON CLUB ESTATES � y v° t CITY LIMIT LINE I LAN I LANE , w� V .I r �.m r W r. v Miles r. Vol " s r .,u 0 0.0750.95 0.3 tin Legend t° „ Corpus chtfiT1 smv 35.,,, i PLANNING.CI TYLIMI TS 4.,uA ti i r�r '+"rrRr P A �u,pr Site C, N �`�'��' �er¢e Al Printing DWe7 10002012 F V r! r He 4C Mayercrpmera¢Stm..s%Sa-OAF EoD%GI,9 prs:jetAsmigua RLondon—C uk?_eskate� Lr 1._B1k4.rnxd Prepared By-MSS 5 \ Lr .i..r.r. uEruscmthre pisposes on¢y. �' C"ity of note system Cos NAD M3 SmaNam Tors South RPS 4205 Feet LOCATION MAP m ro" J� Chn ti CRy OV Corpus ChOx46 Development Services cc Docti 211(3111.3111'-033 7 110 9 5 w Pfvies 5 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, ...............