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HomeMy WebLinkAboutC2014-409 - 9/8/2014 - NA 6 �.?o.. ..e. ")O 1 40 350' 3 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 made and entered into an original by and between, Rick's Homes LLC, ("Owner"), whose address is 4833 Saratoga Boulevard, PMB 423, Corpus Christi, Texas 78413, Charter Bank (Lien Holder) 801 Navigation Boulevard, Suite 100, Corpus Christi, 78408 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described 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, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to-wit: London Club Estates, Block 7, Lot 6, also commonly known by its street address as 2528 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 Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes 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 of 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 improvements. IV. IT IS AGREED by and between the parties to this contract and agreement that the above described land and territory 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; and Owner and Lienholders agree to annex said property within 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. 2014-409 page 1 of 3 9/08/14 Rick's Homes LLC 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 in this contract render Owner and Lien Holder liable to 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 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, as 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 said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this l'' ' iay of &19Entiait& , 2014. Owner: r By. Ha ed Mostaghasi, Mana g Partner Rick's Homes, LLC STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the "ay y of �, 1rt , 2014, by Hamed Mostaghasi, Managing Partner, Rick's Homes, LLC. ''`'9-..''.`•'a` YVONNE MUNOZ 1 .r -4� `^ i Notary Public > — . 1. g/ ''•• `� STATE OF TEXAS r •. ..• F Not: Pub State of Tex ',".,,c.1E;., My Comm, Exp, 08-22-2015 Lien Hold • By: Raleigh Cosby, SF.recutive Vice-President Charter Bank STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the06:ll day of u57 , 2014, by Raleigh Cosby, Executive Vice-President, Charter Bank. Sr. // PATF?ICh"CL y Notary Public, State of`(' as :e/ ',:t,lie 14,20!f V--dV?"'–n -1 1 Ya°� MvN ,,nth,.: Oti cx;�ipr_. Page 2 of 3 C City of Corpus Christi: ATTEST: By: 11 ?i2 By: L� --� 1 ebecca Huerta Gusta o Gonzales 1110 City Secretary Assist- t City Ma :ger STATE OF TEXAS § . COUNTY OF NUECES § Aii It- This instrument was acknowledged before me on this day of 40aNdtpe4.. 2014, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a exas home-rule municipal corporation on 2stig_pf said corporation. MONIQUE TAMEZ LERMA > Lfr &ejLn ,r€,:t (=.7 ,4.,:,.7.\,-. Notary Public PASTATE OF TEXAS > < `'•s>'••• •••.•1 N`',/ MyComm. Exp. 01-23-2017 Notary ('ublic, St e of Texas vVvv-vvv--v—s/v v^v--;7" STATE OF TEXAS § COUNTY OF NUECES § ` This instrument was acknowledged before me on this day of Alia/te. 2014, by Gustavo Gonzalez, Assistant City Manager, of the City of Corp Christi a Texas home-rule municipal corporation, on behalf of said corporation. ,• ' ` MONIQUE TAMEZ LERMA ° '` LL Notary ublic, ate of Texas 7... ,4_ Notary Public 1 < `;� PA i'I STATE OF TEXAS ••,.SOF,E+.?.• My Comm. Exp. 01-23-2017, � APPROVED AS TO FORM: day of974.4' p , 2014. 0 0 / _ • -9 . -•-- Assistant City Attorney for the City Attorney K:\DEVELOPMENTSVCS\SPECIAL SERVICES\PLATS\WATER CONTRACT\LONDON CLUB ESTATES\WATER SERVICE CONTRACT.BLOCK 7,LOT 6.2528 DIGGER LN.DOC Page 3 of 3 0 . I, .4 ,/ ,,.,....... ,. -\\......, .----c-1 7 CR -26; 64STAIN ANE (;119* ,,f CITY LIMIT LINE LAN / (D LOT 6, BLOCK 7 ASA LONDON CLUB ESTATES i cacra_. _. 7 _ _ _ / _ C, f FIN Y E1 HIBIT _ II iiiY o Miles \� �,0 0075015 03 © �11114WE' L egen dI__ . N Corpus Christi Bay CITYLIMITS Corpus Christi Bay :::JPLANNING. r� - II --1-, 14171 '10 o NAS cv .„,,,,,....,.. -rg1._ 1 Title Printing Date 08/12/2014 74rir -- _ C C File.K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\London_Club_Estates_Lt6_BIk7.mxd 7=i' - ��.wi Prepared By.MSS ti / F Illustrative purposes only. Cit}'of Coordinate System. - _ fCOrpus NAD 1983 StatePlane Texas South FIPS 4205 Feet LOCATION MAP Christi ©City of Corpus Christi C Development Services r—t r 1 r t -r T From: S. SALaiaij . u t Corpus ioiristi / De/M.;ypment Serviced Special Servic€ 2406 Leopard, Suite •^.(11 Corpus Christi, TX 78408 Dort 201 4-f_1 3%C'2: 4 Pages 5 09/11/2014 :i :05PN Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $31.00 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, :3/12/39. 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. Barrer°