HomeMy WebLinkAboutC2013-302 - 8/16/2013 - 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 Fleeman Holdings, Inc., (Owner), whose address is P. O. Box 271081,
Corpus Christi, Texas, 78427, 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 4, Block 5, London Club Estates, also commonly known by its street
address as 2630 Balchuck 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.
Ill. 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 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
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_302'able for termination of the delivery of water to the property and, upon a
8116113
FIeeman Holdings Inc. INDEXED
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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 cons 0tutes a covenant running with the land.
WITNESS OUR HAND this day ofe �- m , 2013.
OWNER: Fleeman Holdings, Inc.
1361 Flees n
Director
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the ay of �
2013, by Bill Fleeman, Director, Fleeman Holdings, Inc...
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CITY OF CORPUS CHRISTI
ATTEST:
Armando Chapa Wes ierson
City Secretary Assistant City nager
STATE OF TEXAS
COUNTY OF C
This instrument was acknowledged before me on this day Of
2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule
municipal corporation, on behalf of said corporation.
WE ER U mm ion Notary Public's Signature
uly 05,2014
APPROVED AS TO FORM: _IS' day of , 2013
ra
AbrcCie Downf g
Assistant City Attorney
for the City Attorney
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HUMES CGINTY
DIANA T. BARRERA
COUNTY CLERK
Fees $31.001
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