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HomeMy WebLinkAboutC2014-096 - 1/30/2014 - NA , , to Da': 2014003554 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 an original by and between NP Homes, LLC (Owner), whose address is P. 0 Box 8638, Corpus Christi, Texas, 78468; Charter Bank Saratoga ("Lien Holder") 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 14, Block 5, London Club Estates, also commonly known by its street address as 2651 Digger 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. III. Owner and Lien Holder 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 and Lien Holder 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 Lien Holder 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. 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 Lien Holders 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 and Lien Holder 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 "--------` --- the Owner and Lien Holder liable for termination of the delivery of 2014-096 1/30/14 INDEXED NP Homes LLC 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. 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 constitutes a covenant running with the land. WITNESS OUR HAND this 2 day of Jaknvary , 2014. OWNER: NP Homes, LLC •- 'a i i, President NP Homes, LLC STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the Z day of 6DRALCAI 2014, by Nader Karimi, President, NP Homes, LLC. Al 4,4 146 -.41. Not. "ublic's Signature -•'''' ' = , sAums :4 MY COMMISSION EXPIRES a= August 25,20'15 Page 2 of 4 Lie Holder--Charter Bank, Saratoga 1,i)004, 064 David Cadena Pt Vice President STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the 2� day of , 2014, by David Cadena, Vice President, Charter Bank Saratoga, on behalf of the ba . I■ i l 1st,* N•t-ry Public's Sign ie MY COMMISSION EXPIRES 1?�, �= August 25,2015 Page 3 of 4 CITY OF CORPUS CHRISTI ATTEST: // 1 Licue-e-, Z4- A / _sibila - 0, . Rebecca Huerta Fs Pierson- City Secretary Assistant City Manager STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of , 2014, by Rebecca Huerta, City Secretary, of the City of Corpus C isti, a Texas h e-rule municipal corporation, on behalf of said corporation. o`Pa .pUe< MONIQUE TAMEZ LERMA / 4 k_/a..1.__t_11&!. ,___J .0,, : Notary Public Not ry Publi ' State of Texas , !■1 STATE OF TEXAS / :1", � E+?;:' My Comm. Exp. 01-23-2017 STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this ° _ day of -�f\ Y , 2014, by Wes Pierson, Assistant City Manager, City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. :° U ESTMER VEwz� Notary Public's Si Signature ot--4 My c��y 2014 rY 9 APPROVED AS TO FORM: ,Y day of / , 2014 j):- _)- :i Julian Graht Senior Assistant City Attorney for the City Attorney C:\USERS\CCFRONTCOUNTER2\DOWNLOADS\WATER SERVICE_CONTRACT.BLOCK 5_LOT_14.2651 DIGGER LN(1).DOC Page 4 of 4 , ,,S'i k \----..........._...,\,...,......., �,�,,hi -------i ,(_ ...1_,, .._.._ „,/7--z z i I T /--..., _.......,.< CR 26-- SEBASTIAN LANE LOT 14, BLOCK 5 Z ._ .__, LONDON CLUB ESTATES J Z U cr CITY LIMIT LINE dATASHIA LANE V 0 t% -.=...,_,..-..,==, Q 0 / �CAITLYN LANE /� ■"M■— / ■a/ / 2 0 Prt" ■me- _ �; ■s■- s. 1 �'N�'- r FM-4 ' -- — T L - U 9P ] R ri it (.1 (51:5 A- 181 E H IBIT f C,-\'11 0 Miles � ®, 0 0.0750.15 0.3 till knOirw■ir Legend s Corpus Christi Bay r• i PLANNING.CITYLIMITS %I CorpusChristB, L—•....•.—: Ca o I I El 44", 0 o N FS Cy is Title. A I- bid 1114 Pooling Date 01/07/2014 .1 ! \ File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt7_BIk7.mxd Prepared By MSS ti g'� Illustrative purposes only ( It\ Of Coordinate System --,., A (ol-pLlti NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP ( h I I`t l ©City of Corpus Christi©Development Services I 1 I I I -1 - v t--T� Doc* 21314 ':n '35 4 4 Pages 4 01/31/2014 2:22PM Official Records of NIECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, ?/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera 4r 1f r 1` A j,.j A/t ) ' AgiNta14-1 F m: Iy l4tre-4 5. 5A up AN A, C. y of Corpus nristi De tat)pment Services/ Special Service 2406 Leopard, Suite C J C Mpus Christi, TX 78408