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HomeMy WebLinkAboutC2014-278 - 8/5/2014 - NA IP 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 an original by and between Luxury Spec Homes, Inc., (Owner), whose address is P. O. Box 271148, Corpus Christi, Texas, 78427, Charter Bank ("Lien Holder"), whose address is 3701 Saratoga Boulevard, 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 3, Block 1, London Club Estates, also commonly known by its street address as 2505 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. III. Owner and Lien Holder agree to construct all improvements on such property under all 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 represent4tives 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 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. 2014-278 8/05/14 Luxury Spec Homes Inc. Page 1 of 4 INDEXED V. Owner and Lien Holder agree and understand that, in addition to any other remedies available to the City, a breach of the covenants and conditions stated in this contract render the Owner liable for termination of the delivery of water and, upon a finding of fact by the City Manager that any of the aforesaid 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 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 hereto that all of the above 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 v , 2014. OWNER: Luxury Spec Homes, Inc. chid Nazari Managing Member ,„ 11rr 47y CHRISTINA MARTINEZ Notary Public,State of Texas STATE OF TEXAS § 4 �� My Commission Expires �;rl November 17, 2015 COUNTY OF NUECES § This instrument was acknowledged before me on this the Ali day of AAI 2014, by Vahid Nazari, Managing Member, Luxury Spec Homes, Inc.. 11-1:UNAVICU- 413".= Notary Public's Signature Page 2 of 4 Lien Holder: % degft By: David Cadena, Vice President Charter Bank 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. JAhESSAE Sp�gg M1'C IISSI5N2015EXPIRES ry Public, Sta • Texas COMMISSION 0, Page 3 of 4 r CITY OF CORPUS CHRISTI ATTEST: Rebecca Huerta Gustave Gonzalez City Secretary Assistamt City Mana er STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 51" day of 7 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a xas home-rule municipal corporation, on behalf of said corporation. (that& 0.47i2c21 < oTAMERA L. RILEY > � ` �A�•••5-1 Notary Public > Notary Public, State of Texas `y i STATE OF TEXAS < of ../ My Comm. Exp.05-26-2016 ♦ vvNo-vvvvvvvvv ♦ STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this 31 day of I.+A 2014, by Gustavo Gonzalez, Assistant City Manager, City of Corpus Christi, a texas home-rule municipal corporation, on behalf of said corporation. KRISTY CLICK / Notary Public -r = +Q STATE OF TEXAS No a Public' •igna ure .4.63. Nt Comm.Ey.Apr.18,2016 j- I APPROVED AS TO FORM: 30 day of J[ 2014 .lebeph {3 e Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 1,LOT 3.2505 BALCHUCK LN.DOC Page 4 of 4 o \ .4014,p.4, , ❑ \\" `/ c..., , / _11---\ GI_ , ,. _ _ , ___ ABASMIALWANE t iii — Z J Z J `�' CITY LIMIT LINE 0 Ix IAT zeila LANG _ 0 / —Q... ..7 1ANE LOT 3, BLOCK 1L= LONDON CLUB ESTATES / i 1I _ f g EXHIBIT J!, 7 181 0 Miles �\ -0_ _ -- 00.0750.15 03 110•Va. • Legend - y_E\ Corpus Christi Bay r• i PLANNING.CITYLIMITS J `' IIC iy ejOSo N43 I , . i�4,_ Title: A biE l IC it Printing Date:01/07/2014 I;'�'' - -__ c O Prepared By:MSS S File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt7_BIk7.mxd / �, �, ......moi �.il...of Illustrative purposes only. �'� "` Coordnate System: _ Corpus NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP Christi ©Cdy of Corpus Christi©Development Services r--i I I I I r -1 T— From: M 0Ez- G. SAL.DA�A C y of Corpus inristi De iaipment Services;/ Special Services 2406 Leopard, SuiteC'J Corpus Christi, TX 78408 • Doc 2014030346 a Pages 32 03/06/2014 :12PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $139.00 Any provision herein which restricts the Sale Rental or use of the described REAL PROPERTY because of Race, Color, Religion+ Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, /1.2/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in Isile 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 p +,r'�- +ti M y