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Home My WebLink AboutC2013-295 - 8/5/2013 - NA 3 73 Is j..........1-1 ........... 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 H & M Homes (Owner), whose address is 6518 Lens Drive, Corpus Christi, Texas, 78414; Charter Bank Saratoga ("Vendor Lienholder") whose address is 3701 Saratoga Boulevard, Corpus Christi, Texas, 78415; and the it 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 byte parties respectively and upon the covenants and conditions hereafter stated: W I 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 it 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 16, Block 5, London Club Estates, also commonly known by its street address as 2637 Digger Lane 1111. That Vendor's Lienholder has a warranty deed with vendor's lien, recorded in the official records of Nueces County as Document #2013019253 on 05/15/2013, on the following described 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, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and in more particularly described as follows, to- wit: Lot 16, Block 5, London Club Estates, also commonly known by its street address as 2637 Digger Lane Ill. it 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 Vendors Lienholder covenants to construct all improvements on the property under all applicable City codes, rules, and regulations and to obtain all City technical construction its as though the property were inside the City. Owner and Vendor's 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 Vendor Lienholder agree that, as to any improvements, the applicable codes and 2013-295 m and regulations that are in effect at the time of commencement of 8/05/13 rovements. H & M Home5 INDEXED 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 to of Article 1, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescdbed 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. VI. Owner and Vendor's 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 and Vendor's Lienholder liable for termination of the delivery of water to the property and, upon a finding off 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. Vil. 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 top charges, applicable to consumers within the City limits. VIll. IT IS AGREED by and between the parties to this Agreement that all oft 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 thit2�LNay of aL 2013. OWNER: H & M Homes -------------- Ha di Witag—hasi H & M Homes STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this t of 2013, by Hadi Mostaghasi, H & M Homes. U 1 PATRICIA KWH my coMMISSION EXPIRES J Notary Public's Si re ,Tune 14,2017 Page 2 of 4 Vendor's t_ienholder--Charter Bank, Saratoga 45W� Ralei h Cosby Sr. Vice President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this th day of , 2013, by Raleigh Cosby, , Charter Bank Saratoga, on behalf of the 64nk. Sr. Vice President PATRICIA Notary Public's igna MY CQM n91 ',20EXPpRES M/1N Page 3 of 4 r A CITY I TI ATTEST: Armando Chapa We Pierson City Secretary Assistant City er STATE 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, Texas home-rule municipal corporation, on behalf of said corporation. BI Y CLICK STATE F TEXAS S to u li s i natur Ex . . I 16 APPROVED AS TO FORM: day of , 2013 u ri din Assistant ity Atto4 for the it Attorney C PoN.0rERSVkNr IA%,aarc WM� .OAX)SIV�dATEP,SERME COIr,N FRAM BLOCK,15 a,OTT 26,3'7 DIGGER LN('B�r OC page 4 of �s w w " M,�1 s .... .... w... ....w,...... .......... ... .� .,...m ,..�...,�.�.� .I....... ...........11""'," �Id I 0000... ,�,,,......,.. . I ..m. ... �,,..MM. �.. ti..' nee � I k � �popi f pi LOT 16, BLOCK 5 . LONDON CLUB CITY LIMIT LINE ..... ............. ATE. . 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Bil coiuicry CLERK, Fees $31.00 Anm FMONsion hievehn wihiicih Ir iestr:jictN ti-le Sili 10=11 or use of the denr Hmid REA11 PROPERIFY Ibeca ii.lise oF' Race.,p Colary Reli!siiniRT Sex!v ilainifliii F'iamilial Status, OF, �Hational Origin A Walla and Unenforceable l I:::'EIDl Lill 3/1.2/8?. s"r,ATIE OF rEXAS caiuii"ry 1111:::° NUEGES I hall"'19 r-r,.-u,,Uf!u that this instiruffieiril'L Waal 1"TIE in MA IrIUM111V Sie.'QuPn an the date and at t'he time stuped herein A met and was dull RECORDED in WR Offichal Nb1h: Words ',of NUeces CnuirvLip -relms Dhna T. Bwrw,a