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Home My WebLink AboutC2013-308 - 8/26/2013 - NA UN C-!. 2 u11"11 J ..".mm 11-111113' 3,64 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 Gary G. Bolich and Michele J. Bolich ("Owners"), whose address is 4242 Adrianna Drive, Corpus Christi, Texas, 78413, Kleberg Bank ("Lien Holder'), a Texas banking institution, whose address is 4211 Ayers Street, 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. Owners are the lawful owners 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 20, Block 5, London Club Estates, also commonly known by its street address as 2609 Digger Lane [I. 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. Owners 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. Owners 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. Owners 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 1, 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 Owners and Lienholders agree to annex said property with the effective date of such annexation being the date when the 2013-308y limits or will adjoin the City limits by any type of simultaneous $126113 srties or at a later date to be solely determined by the City Council. Gary G. Bolich and Michele INDEXED I' VI. Owners 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 Owners 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 Owners 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 Owners and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this 4L day of ,u � • , 2013. OWNERS: GI i c h Mid-e-le J. Bolic STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged befoii a me on this the Abday of 2013, by Gary G. Bolich and Mlichele J. Bolich. tary blic's Si natur LAZARO linll u mn ml mwmfmmlwim.xmwmnulm ml ml ul "1 llm �/ sue:. m M VI��MiISSA G Y EXFqRES M 22 2014 n II.... ..... Ilillm."11111M Page 2 of AV' LIEN HOLDER: KLEBERG By: �. Nick Black Vice President STATE OF TEXAS COUNTY F NUECES This instrument was acknowledged before me on this the 15-day of , 2013, by Nick Black, Vice President, Kleberg Bank, a Texas banking institutio , on behalf of said banking insti LIDIA STHUB y Cammisafon Notary public,star@ texas Notary Public's Signature �, ,• Expires 0412612 014 Page 3 f4 r CITY OF CORPUS CHRISTI Armando Chapa 9 it City Secretary Assistant Cityvanager STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this QLU day of , 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, 64Texas home-rule municipal corporation, on behalf of said corporation. KRISTY R STATE of iC TEXAS Waify-PublieA Signature 1 , 1 APPROVED AS TO FORM: day of , 2Q13 a Assistant City Attorn for the City Attorney KADEVELOPM Nl SMMSPECOALSERV;:UMPLATSttn ATC CON'G C'MONDON CLUB ESTATESMA ER SERvHCE CONTRACT SLOCK S.LOT 20 2604 DIGGER LNcDOC Page 4 c14 ........... A .......... 4, ........................................ ......... .... .................................... ................... ................ .......................... .............................. .......................................... X ANC ........... ......... LOT20, BLOCK 5 ......... ........ LONDON CLUB,ESTATES J, ... ......... ..... ........wm .............................................. ('.�'ITY L IMIT I M17 19 LAN .................. ............... 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Legend 1 PLANNING.CITYLIMITS COMM cludzdaw L_,._.._ �10 I i2 N TWO: PriMing Date 10002012. �J uk Estates LM_Wk4,mird tDrepmed Ry MSS "I v6stuallve p'llposes w1v citv of confdrote symom p . ........... c4pus 10 NADI 903 R�Me lwe'roxasl,'.Wufh 1:1PS 4205 Feet CA rl 'MA ch COY of coqm%lChOsW*DevntopmeM Semm Plasleg 16, 094DW013 11 10M WWII Reawds of IRECES CMUNTY DIANA 1'. BARRERA COUNTY CLEM, Fees $35.00 Anm swavision herein %w 1h restrActs the Salep RaAal or use of the dewrHMd REAL. PROPERTY belcialuse 1cif" Rcxcle-� Color Relis Iii onp Sex Haan dilcmrl,p Familial Stla to sy luiirl, Naltioirm). Oris'ii ira is invald and upuMmemble under FEDERM. LAW V12M. X, !STATE DIF 'FEMS COUNTY OF NUIECES I hierelliv cleirtifv that th Ili s i pa's truiml .Ilan t way.s FILEDDI 'equk he i lin f �le :n ui im b ie ir s �inicq ciR the datle and at L time sticumped hes"leini b!u mer and was dkiihi REGURIDEDD in the �Off �ciul PvWI lc Reic.cirds of Lj Humms Countur Tems Diana. 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