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Home My WebLink AboutC2013-310 - 8/28/2013 - NA ca-=0 2 013 10 3 9 3,,655 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 Mostaghasi Enterprises, Inc. ("Owner"), whose address is 8026 Bar Le Doc, Corpus Christi, Texas, 78414, 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: W I T N E S S E T H: 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 18, Block 5, London Club Estates, also commonly known by its street address as 2623 Digger Lane II. Lien Holder holds a valid mortgage lien interest in the property described in paragraph I of this Agreement. 111. City agrees to deliver City andoauthorized y rrules and regulations promulgated 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 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 Christ;" at some later date; and Owner and Lienholder 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. 2013-310 Page I of 4 8/28/13 Mostaghasi Enterprises Inc. INDEXEIIJ 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 day of , 2013. OWNER~ OSTAGHASI ENTERPRISES, INC. By: Hossei ostaghasi, President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the l-1- day of AuAn XS , 2013, by Hossein Mostaghasi, President, Mostaghasi Enterprises, Inc. " � „mom Na RENEE gK4 ill AV-WA 2015 ........................... Page 2 of 4 Lien Holden Charter Bank By: — 4��;-- --- Raleigh Cosby Senior Vice-President STATE OF TEXAS § COUNTY OF NUECES § nd This instrument was acknowledged before me on this the 22 day of , 2013, by Raleigh Cosby, President, Charter Bank, a Texas banking institution, or behalf of said banking institution. N t ry Public's Signat re JANESSA RENEE SALKAS MY COMMt5SION EXPIRES '+ hqA 25,2015 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: Wes Pierson Armando Chi']pa City Secretary Assistant City M a er STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this jaL day of 2013, by Wes Pierson, Assistant City Manager, City of Corpus Christi, Texas home-rule municipal corporation, on behalf of said corporation. amVic KRISTY CLICK Notary Public STATE OF TEXAS N arqPublic ignature Corm.Ex -18.20116 APPROVED AS TO FORM: 23!7day of—hL-&�—k , 2013 %J arcCie Downing Assistant City Attorney for the City Attorney E IVWfkCr.,Ar-uiE'au.0,Ckll.,CACl�M!,",MDRIEWT AUTIHORMY INEMORK rEIRVIIC FIE,A1662A8CB?4'BH!DB'uA04�IBOR�C,DDSA,IBD l,%�OIUl�lILIr iDOC Page 4 of 4 � ., � Cl „ E ..— . w „ LOT 98, BLOCK 5 Z - LONDON CLUB ESTATES .. CITY LIMIT LINE N IAN P 4 N LANE ............ ��..,,. „... ........ E X Hj I ,B v Miles lei � . 44 7.e Legend corpus eerl.a a♦y ■= i PLANNING.CI TYLIMI TS - L_♦araa_a S Ite rtle. Printmp Data 1 012 Fie KVDeve9opmeatSvcs1SH ED%GlS PmiectsWM' eftLandara_Club Estates Lt11Blk4 mxd Prepared By MSS - lVustrafive purposes only. Ci ty of ,C'mrdsnate System Q Corpus NAD1983S1alePl Texas South FOPS 4205Feet LOCATION MAP Christi 0 City of Corpses Christi Developmoni.Services I" r Plaqes 6 09/04/2013 11"OlAll Of f li c i al., Records ;of NUECES COUNTY [)IARA T. BARRERA COUNTY 01 ME, ees C211r 115.(M hn,:i Pirlowi, ion herl-.-";:jn whilc:h ir-lr.--istir,icts Uhle Sictler Rental. cr t--use of 'U'r e desr.,,,riblod RENI PRI0!N..-.R"rY because, cA' Raor,.? Ciolur-p Rir=-.pl.Jqionv ls:eK Handiropy Famil,Aial St(lt'Usly cir Hational, Oirlqin H.-:i I¢invalid and unenforcieimlble knWier FENRAI I AW� 3/12/8Y. STATE OF' TEXAS COUNTY OF' NUB I hleirelbu lcertifu that U'kls instrMelllt was,, FT[:ED in f n e niumbeir seqUPRICCR on the date id nd at tine R stamira:ed herein bu nev and wai-,i ldlul�i RECIDRDEID in thle OfficAlul Pli.�ilblic Rlec..--loirds of 1�3 - -- Couintq Wuec:les . r Tlexas IDiana T. Blarrern r