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HomeMy WebLinkAboutAgenda Packet City Council - 10/24/2017 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, October 24,2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor David Kelly, Trinity Worship. C. Pledge of Allegiance to the Flag of the United States to be led by Andy Leal, Director of Street Operations. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-1344 Proclamation declaring October 2017, "National Breast Cancer Awareness Month". Presentation donating to "Mayor's Hurricane Harvey Fund" by Judith Talavera, AEP Texas President & COO. Presentation donating to "Mayor's Hurricane Harvey Fund" by Sun Jip Kim & Kyung Tak Chung, Korean Chamber of Commerce. City of Corpus Christi Page 1 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-1349 Regular Meeting of October 17, 2017. Attachments: Minutes-October 17, 2017 H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. City of Corpus Christi Page 2 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 3 - 8) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 17-1289 Resolution authorizing the City Manager or designee to execute a Developer Participation Agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85, for the City's share of the cost to extend Oso Parkway. (south of Yorktown Boulevard & east of Cimarron Boulevard) Resolution authorizing city manager or designee to execute a developer participation agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85 for the City's share of the cost to extend Oso Parkway. (South of Yorktown Boulevard & East of Cimarron Boulevard). Attachments: Agenda Memo Royal Creek Resolution Template With Exhibits Form 1295 Royal Creek Unit 7 Participation 4. 17-1257 Service Agreement for Bailiff and Security Guard Services for Municipal Court for a not to exceed amount of$209,352 with a potential multi-year amount of up to $628,056 Motion authorizing the City Manager or designee to execute a service City of Corpus Christi Page 3 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 agreement with Sec-Ops, Inc. of Corpus Christi, Texas for bailiffs and security guard services for Municipal Courts in accordance with Request for Proposal (RFP) No. 1151, based on best value for a total amount not to exceed $209,352, which $191,906 is budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $628,056. Attachments: Agenda Memo- Bailiffs and Security Guard Services Evaluation Matrix - Bailiffs and Security Guard Services Service Agreement- Bailiffs and Security Guard Services Form 1295-Bailiffs and Security Guard Services 5. 17-1308 Approval of the 2017 Tax Levy Motion approving the 2017 Property Tax Levy of$119,297,025.33 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Attachments: Agenda Memo for Approval of 2017 Tax Levy Tax Levy for the Tax Year 2017 6. 17-1288 Second Reading Ordinance - Rezoning property located at 101 Caribbean Drive (1st Reading 10/17/17) Case No. 0717-03 B.L. Marina Properties, LP: A change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. The property is described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by B.L. Marina Properties, LP ("Owner"), by changing the UDC Zoning Map in reference to the property being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0717-03 B.L. Marina Properties Ordinance 0717-03 B.L. Marina Properties with Exhibits Presentation 0717-03 B.L. Marina Properties, LP. City of Corpus Christi Page 4 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 Zoning Report 0717-03 B.L. Marina Properties with Exhibits 7. 17-1260 Second Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US, Inc. located at 299 Gilliam Street (1st Reading 10/17/17) Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main. Subject to the Permittee' compliance with specified conditions. Attachments: Agenda Memo-Flowserve Corp Ordinance-Flowserve Corp with attachments Presentation-Flowserve Corp Legistar 1295 8. 17-1290 Second Reading Ordinance -Approval of agreement and appropriating funds for MPM Development, LP, for the construction of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (1st Reading 10/17/17) Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo Royal Creek ORD vFinal with Exhibits Presentation - Royal Creek Unit 7 Legistar Form 1295 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 9 - 10) 9. 17-1343 Public Hearing and First Reading Ordinance - Rezoning property located at 5842 Yorktown Boulevard (%vote required) Case No. 0917-03 Mostaghasi Investment Trust: A change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood City of Corpus Christi Page 5 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 Commercial District. The property is described as being Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. Planning Commission and Staff Recommendation (July 26, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District, in lieu thereof approval of the "CN-2" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS-6" Single-Family 6 District to the "CN-2" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-03 Mostaghasi Investment Trust Ordinance 0917-03 Mostaghasi Investment Trust with Exhibit Ordinance 0917-03 Mostaghasi Investment Trust-CN1 with Exhibit Presentation 0917-03 Mostaghasi Investment Trust Zoning Report 0917-03 Mostaghasi Investment Trust with Exhibits 10. 17-1346 Public Hearing and First Reading Ordinance - Rezoning property located at 6113 Durant Drive Case No. 0917-01 Luxury Spec Homes, Inc.: A change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay. The property is described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions. City Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions, in lieu thereof approval of the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Luxury Spec Homes, Inc. ("Owner"), by changing the UDC City of Corpus Christi Page 6 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo 0917-01 Luxury Spec Homes, Inc. Ordinance 0917-01 Luxury Spec Homes, Inc.with Exhibits Ordinance 0917-01 Luxury Spec Homes, Inc.- RS45 with Exhibit Presentation 0917-01 Power Point- Luxury Spec Homes, Inc. Zoning Report 0917-01 Luxury Spec Homes, Inc. with Exhibits N. REGULAR AGENDA: (ITEMS 11 - 12) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 11. 17-1368 Ordinance to appropriate unreserved funds for the purchase of three loaders and two graders for Parks and Recreation Ordinance to appropriate $636,690.00 in the unreserved fund balance in the No. 1030 Hotel Occupancy Tax Fund and $459,235.00 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi for beach operations, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed $1,095,925.00; amending the FY 2017-2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $1,095,925.00; and declaring an emergency. Attachments: Agenda Memo- Emergency Ordinance Beach Ops Equipment V3 Ordinance to appropriate from HOT and SHOT reserves for beach ops eguir 12. 17-1338 Rental payments for two motor graders and three loaders totaling $219,736 Motion to authorize payments totaling $219,736 for the rental of the beach operations equipment (two motor graders and three loaders) from Doggett Heavy Machinery Services LLC for the period June 2017 through January 2018. Attachments: Agenda Memo- Motion Beach Equipment Equipment Sheet O. FIRST READING ORDINANCES: (ITEMS 13 - 14) 13. 17-1287 First Reading Ordinance - Farming Lease Agreement at Cefe Valenzuela Landfill - 940 acres, Farm Site No. 3466 with an annual City of Corpus Christi Page 7 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 lease payment of$98,700 for a total of$493,500 for the five year lease Ordinance authorizing the City Manager, or designee, to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of$98,700 for a total of$493,500 for 5 years based on $105 per acre. Attachments: Agenda Memo- Farm Lease Agreement FSN 3466 Ordinance - Farm Lease Cefe.docx Location map Farm Lease Cefe.pdf Vicinity Map- Farm Lease Cefe.pdf Presentation - Farm Lease Cefe.pptx Form 1295-Harwell Farm Lease Agreement 14. 17-1324 First Reading Ordinance - Reimbursement Funds for Storm Water Catch Basins Program Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. Attachments: Agenda Memo-CBBEP catch basins Ordinance - CBBEP catch basins Agreement 1707 Marine Debris contract P. FUTURE AGENDA ITEMS: (ITEMS 15 - 17) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 15. 17-1277 Supply Agreement for Sodium Permanganate Solution for the O.N. Stevens Water Treatment Plant for Two Years at $3,407,859, with Two Additional Two-year Options and a Total Potential Multi-Year Amount of$10,223,577 (Council Priority -Water) Motion authorizing City Manager, or designee, to execute a supply agreement with Carus Corporation, of Peru, Illinois for the purchase of sodium permanganate solution in response to Request for Bid (RFB) No. 1266, based on the lowest responsive, responsible bid, for a total amount not to exceed $3,407,859.00, with an estimated expenditure of $1,561,935.38 FY2017-18 funded by the Water Fund. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total City of Corpus Christi Page 8 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24, 2017 potential multi-year amount of$10,223,577.00. Attachments: Agenda Memo-Sodium Permanganate. Bid Tabulation-Sodium Permanganate.xlsx Supply Agreement-Sodium Permanganate Form 1295-Sodium Permanganate Solution.pdf 16. 17-1326 Service Agreement for Section 125 Cafeteria Plan Administration Services for Employees Who Elect Flexible Spending Account and Dependent Care Assistance Programs for a One-Year Not to Exceed Amount of$35,612.40, with Four Additional One-Year Options and a Total Potential Multi-Year Amount of Up to $178,062.00 Motion authorizing City Manager, or designee, to execute an agreement with Application Software, Inc., dba ASIFlex of Columbia, Missouri to provide Section 125 Cafeteria Plan Administration Services for the Corpus Christi City employees and their families in response to Request for Bid No. 1262 based on the lowest responsive, responsible bid for a total amount not to exceed $35,612.40, of which $32,644.70 is funded in FY2017-18 in the Employee Fund. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $178,062.00. Attachments: Agenda Memo-Section 125 Cafeteria Plan Administration Bid Tab-Section 125 Cafeteria Plan Administration Service Agreement-Section 125 Cafeteria Plan Administration Form 1295 17. 17-1327 Supply Agreement for Office Supplies City-Wide for a Two-year Not to Exceed Amount of$1,626,800.74, with Two Additional One-year Options and a Total Potential Multi-Year Amount of$3,253,601.48 Motion authorizing City Manager, or designee, to execute an agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies in response to Request for Bid No. 1257 based on the lowest responsive, responsible bid for a total amount not to exceed $1,626,800.74 of which $745,617.01 is funded in FY2017-18 from multiple funds. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of$3,253,601.48. Attachments: Agenda Memo-Office Supplies Bid Tab-Office Supplies Supply Agreement-Office Supplies Form 1295-Office Supplies City of Corpus Christi Paye 9 Printed on 10/23/2017 City Council Meeting Agenda-Final October 24,2017 Q. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. R. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. T. ADJOURNMENT City of Corpus Christi Page 10 Printed on 10/23/2017 Cit`' of Corpus Christi 1201 Leopard Street r City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, October 17,2017 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Reverend Bruce Wilson, Church of Reconciliation. Mayor McComb asked for a moment of silence in remembrance of community activist Abel Alonzo. Reverend Bruce Wilson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by William Broyles, Captain, Police/Program Manager Animal Care Services. Police Captain William Broyles led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring October 20-22, "57th Annual Texas Jazz Festival" Days. Proclamation declaring October 25, 2017, "HELP Hits the High Notes Day". Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Mayor McComb presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. STATUS OF DROUGHT CONTINGENCY PLAN AND WATER RELEASES City Manager Margie C. Rose stated that the purpose of this report is to provide an update on the Drought Contingency Plan and Water Releases. Assistant City Manager Mark Van Vleck reported that Lake Corpus Christi is at 100% capacity and the current combined capacity for Choke Canyon Reservoir and Lake Corpus Christi is 51.4°/x. The City will remain in Stage 1 of the Drought Contingency Plan until there is a combined capacity above 60%for 15 consecutive days. Pass-through targets have been met through a combination of flows over the salt-water barrier in Calallen and the Rincon Bayou Pump Station. There is a surplus of 11,000 acre feet. The November pass-through target is 4,000 acre feet. Two thousand acre feet from this month's surplus can be applied toward half of next month's requirements. Two floodgates are open at Lake Corpus Christi and will remain open for a few more days which will provide additional flooding downstream.Additional flooding downstream could occur should the City receive additional rain in the next few months. Council members and staff discussed the following topics: an explanation of the credit received from the pass-through of surplus; a future discussion on the terms of the agreed order;whether installation of a pump system at Three Rivers to pump water from Nueces River to Choke Canyon was considered; alternatives to water release requirements; modifications to the Drought Contingency Plan to include Lake Texana in the combined system totals; whether the Drought Contingency Plan inaccurately reflected the amount of available water; the number of water sheds; communications to the public regarding the water index; notification to residents before water is released; and whether wastewater is being pumped into the Rincon Bayou as part of the release requirements. b. STORM DEBRIS REMOVAL UPDATE City of Corpus Christi Page 2 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 City Manager Margie C. Rose stated that the purpose of this report is to provide an update on the storm debris removal from Hurricane Harvey. Director of Solid Waste Operations Lawrence Mikolajczyk presented the following information:the Multi-Hazard Disaster Debris Management Plan;the debris recovery contract with CrowderGulf;the debris monitoring contract with Tetra Tech;the debris management sites;the current storm brush collection areas; photographs of the challenges impacting debris collection; and the second/final collection sweep. Council members and staff discussed the following topics: completion dates of the final sweep; areas in the City where debris was not been collected in first sweep; how areas to begin the debris collection process were determined; the contact information to provide to the public to report where collection has not occurred;the reason that only half a street would have been addressed; collection of debris blocked by vehicles; comments from council members commending the Solid Waste Department for their work on storm debris removal; clarification on press releases related to debris removal; and future consideration to require contractors that are trimming trees after a storm to remove and haul away the limbs that are trimmed. C. OTHER 1) City Manager Rose presented a video related to the completion of the Bond 2012 Staples Street Improvement Project from Morgan Avenue to IH 37. City Manager Rose invited the City Council and public to attend an event on Friday, October 27, 2017 at 9:00 a.m. at the corner of Staples Street and Morgan Avenue for the completion of the Bond 2012 Staples Street Improvement Project,from Morgan Avenue to IH 37, and to kickoff the Bond 2014 Staples Street Improvement Project,from Morgan Avenue to Alameda Street.2)City Manager Rose recognized the Parks and Recreation Department for earning national accreditation through the Commission for Accreditation of Park and Recreation Agencies and the National Recreation and Park Association. Mayor McComb requested that staff bring back a discussion on the City's Municipal Solid Waste fee. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Mayor McComb deviated from the agenda and referred to comments from the public. Flo East, 1605 Yorktown;James Danglade, Laguna Reef Restaurant; and Nick Manaris, Bluff's Landing,spoke in support of Agenda Item 16, a City of Corpus Christi Page 3 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 rezoning of property located at 101 Caribbean Drive to allow for the construction of a Recreational Vehicle (RV) Resort. Bobby Petty, U.S. Small Business Administration, provided an update on the recovery process after Hurricane Harvey to assist small businesses, homeowners, and renters in the area and informed residents that the deadline for filing with FEMA or the SBA is Tuesday, October 24,2017. Kathy Wemer, 518 Peerrman Place and on behalf of the Nueces County Historical Commission, invited the City Council to attend a marker dedication for Snapka's Drive Inn, located at 4760 Leopard, on Friday, October 27,2017 at 5:00 p.m.Allison Franklin, 3221 Nassau; Kevin Grote, 3201 Nassau; Dylan Grote, 3201 Nassau; Cindy Hamilton, 3230 Nassau; John Damecourt, 3143 Nassau; and Sandra Gideon, 3217 Nassau,spoke in opposition to Agenda Item 16, a rezoning of property located at 101 Caribbean Drive to allow for the construction of a Recreational Vehicle(RV) Resort, and expressed concerns regarding: infrastructure; decreases in water pressure;the environmental impact;the development's participation in the maintenance of canals; the number of lots;the public notification; and incompatability with the adjacent residential neighborhood. Susie Luna Saldana, 4710 Hakel,stated that funeral services for Abel Alonzo will be held Thursday, October 19,2017 at 7:00 p.m. at Iglesia Nueva Esperaza located at 226 Old Robstown Road and thanked Council Member Guajardo for being present during Mr.Alonzo's illness. Ray Lucas, Lucas and Associates, spoke on behalf of Prospera Housing/TG 110 and extended an informal invitation to the City Council for the grand opening of Glenoak Apartments in Flour Bluff at a date to be determined between December 5-7,2017. Joan Veith, 5701 Cain Drive,spoke regarding the lack of customer service by fencing companies in Corpus Christi. Bobby Garcia, referred to Agenda Item 16, a rezoning of property located at 101 Caribbean Drive to allow for the construction of a Recreational Vehicle(RV) Resort, and expressed that he supported development on the property, but not necessarily an RV park. G. MINUTES: 2. Regular Meeting of October 10, 2017. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Rubio and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Committee for Persons with Disabilities Regional Health Awareness Board Mayor McComb referred to board and committee appointments. The following appointments were made: Committee for Persons with Disabilities Council Member Vaughn nominated Sabrina Ramirez. Council Member Guajardo nominated Jose Chapa. Council Member Lindsey-Opel nominated Vanessa P. Nisbet. Sabrina Ramirez was appointed with Mayor McComb, Council Members City of Corpus Christi Page 4 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Hunter, Rubio,Vaughn, Smith, and Garza voting for Sabrina Ramirez; Council Members Molina and Lindsey-Opel voting for Vanessa P. Nisbet; and Council Member Guajardo voting for Jose Chapa. Regional Health Awareness Board Council Member Vaughn made a motion to reappoint Ambar Qureshi (City Community Representative),seconded by Council Member Rubio and passed unanimously. L. RECESS FOR LUNCH Mayor McComb recessed the meeting at 1:34 p.m. Mayor McComb reconvened the meeting at 2:08 p.m. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 15) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the public. Council members requested that Items 5, 8 and 11 be pulled for individual consideration. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Lindsey-Opel. The consent agenda items were passed and approved by one vote as follows: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 4. Purchase of Tactical Gear for the Special Weapons and Tactics (S.W.A.T.) Team within the Police Department Motion approving the purchase of various types of tactical gear for the S.W.A.T. team from GT Distributors, Inc., from Austin, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $181,871.66. Funds are budgeted in FY2017-18 Fund 1062 Fire Grant. This Motion was passed on the consent agenda. Enactment No: M2017-163 6. Purchase of a HazMat Elite Handheld Detection System for the Fire Department City of Corpus Christi Page 5 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Motion approving the purchase of a HazMat Elite Handheld Detection System from FarrWest Environmental Supply, Inc., from Schertz, Texas, based on a cooperative purchasing agreement with Local Government Purchasing Cooperative, dba BuyBoard for the total amount not to exceed $59,950.00. Funds are budgeted in FY 17-18 Fund 1062 Fire Grant. This Motion was passed on the consent agenda. Enactment No: M2017-165 7. Resolution authorizing Oso Golf Course Claim Settlement Resolution authorizing payment to Foresight Corpus Christi Golf LLC for claim settlement of$74,653.67 in replacement expenses for the Oso Golf Course cart barn damaged by fire on September 30, 2016. This Resolution was passed on the consent agenda. Enactment No: 031269 9. Disbursement of Council Member Paulette M. Guajardo's FY201712018 Salary Motion authorizing the City Manager or designee to execute an agreement with 911 Park Place d.b.a. Mission 911, a Texas non-profit corporation, of Corpus Christi Texas, in the amount of$6,459.00, to be funded by Council Member Paulette M. Guajardo's FY2017/2018 budgeted city council salary and associated payroll taxes, which are not to be received by Council Member Guajardo, in support of programs provided by 911 Park Place d.b.a. Mission 911 in the City of Corpus Christi, Texas. This Motion was passed on the consent agenda. Enactment No: M2017-167 10. Second Reading Ordinance - Rezoning property located at 7601 Yorktown Boulevard (1st Reading 10/10/17) Case No. 0617-04 Gulfway Shopping Center: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District. The property is described as being 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road. Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the City of Corpus Christi Page 6 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Gulfway Shopping Center ("Owner"), by changing the UDC Zoning Map in reference to 27.20 acres out of Lot 5, Section 24 and Lots 21 and 28, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031270 12. Second Reading Ordinance - Rezoning property located at 5801 Patton Street (1st Reading 10/10/17) Case No. 0817-01 Plains Capital Bank: A change of zoning from "IL" Light Industrial District to the "CG-1" General Commercial District. The property is described as Wooldridge Creek Center, Block 4, Lot 1 D, located on the west side of Patton Street, south of Holly Road, and north of Wooldridge Road. Planning Commission and Staff Recommendation (August 23, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG-1" General Commercial District Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Plains Capital Bank ("Owner"), by changing the UDC Zoning Map in reference to Wooldridge Creek Center, Block 4, Lot 1 D, from the "IL" Light Industrial District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031272 13. Second Reading Ordinance -Accepting and appropriating grant funds for the Victims of Crime Act (VOCA) grant within the Police Department(1st Reading 10/10/17) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$281,860.18 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for Year 18 and City of Corpus Christi Paye 7 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 19 with a City match of$60,865.04 and an in-kind match of$9,600 from the No. 1020 Police General Fund; appropriating the $281,860.18 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of$60,865.04 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $352,325.22. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031273 14. Second Reading Ordinance -Approval of the amendment to the previously approved agreement and appropriating Water Distribution Main Trust funds for Vantage at Corpus Christi, LLC (1st Reading 10/10/17) Ordinance authorizing the City Manager or designee to execute an amendment to the previously approved Distribution Main Extension Construction and Reimbursement Agreement ("agreement") with Vantage at Corpus Christi, LLC., ("developer"); and appropriating $34,551.83 from the No. 4030 Distribution Main Trust Fund to reimburse the developer in accordance with the amendment to the agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031274 15. Second Reading Ordinance -Approval of the amendment to the agreement and appropriating additional Water Distribution Main Trust funds for Peterson Properties, Ltd (1st Reading 10/10/17) Ordinance authorizing the City Manager or designee to execute an amendment to the Distribution Main Extension Construction and Reimbursement Agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the additional construction cost of a distribution main line; and appropriating $64,035.73 from the No.4030 Distribution Main Trust fund to reimburse the developer in accordance with the amendment to the original agreement. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031275 5. Service Agreement for School Crossing Guard Services within the Police Department Motion authorizing City Manager, or designee, to execute a service agreement with All City Management Services, Inc., Santa Fe Springs, California for school crossing guard services, in accordance with City of Corpus Christi Paye 8 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Request for Bid No. 1148, based on the lowest responsive, responsible bid for a total amount not to exceed $360,864, of which $333,105 is funded in FY2017-18 Red Light Photo Fund. The term of this contract will be for 13 months. Mayor McComb referred to Item 5, a service agreement for school crossing guard services. Police Chief Mike Markle, City Manager Margie C. Rose, and council members discussed the following topics: Corpus Christi Independent School District(CCISD)and Flour Bluff Independent School District's (FBISD) responsibility to fund crossing guards and provide for the safety of their students;whether crossing guards are authorized to issue citations for traffic violations;the Police Department assisting with the training of crossing guards regarding properly directing traffic;the number of school zone accidents; and ensuring the safety of the children. There were no comments from the public. Council Member Rubio made a motion to approve the motion, seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-164 8. Engineering Design Contract for Corpus Christi Museum of Science and History Floodwall from Type A Funds Motion authorizing the City Manager, or designee, to execute a professional services contract with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$216,871 for the Corpus Christi Museum of Science and History Floodwall project for survey, design, permitting, bid and construction phase services. Mayor McComb referred to Item 8, a professional services contract for the Corpus Christi Museum of Science and History Floodwall (Type A). Director of Engineering Services Jeff Edmonds and council members discussed the following topics:the total estimated project budget; the project site located on property owned by the Port of Corpus Christi Authority(POCCA);the project scope, to include building a retaining wall with backfill between the new wall and existing wall location;the Museum Floodwall identified as the highest vulnerability to the downtown flood protection system; concerns relating to the construction of the new Harbor Bridge; discussions with the POCCA regarding use of the property and possible contributions to the project; use of dredging materials from dredging performed by POCCA to fill the bulkhead structure;the urgency of the project;whether engineering fees are based on the total project scope; approval of the project by the Type A Board and the project being identified in the Capital Improvement Program(CIP); the completion of the vulnerability assessment; FEMA's review of the flood projection system and identifying the downtown area as a Zone X exclusion zone;whether there was consideration to reinforce the existing structure; a request to provide the City City of Corpus Christi Paye 9 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Council with projects that are completed under estimated budget; the time invested by the Engineering Services Department on the Museum Floodwall; the height of the new floodwall;the condition of the floodwall after Hurricane Harvey; use of concrete debris to reinforce the existing wall; and a request to bring back an update on the project in the future. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 6- Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Rubio, Council Member Smith and Council Member Vaughn Nay: 2- Mayor McComb and Council Member Garza Absent: 1 - Council Member Molina Abstained: 0 Enactment No: M2017-166 11. Second Reading Ordinance - Rezoning property located at 4502 Kasper Street (1st Reading 10/10/17) Case No. 0317-03 Bruce Callaway: A change from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property is described as a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, a Subdivision of Corpus Christi, Nueces County, Texas, located along the south side of Gollihar Road east of the intersection with Kasper Street, east of Carroll Lane, and west of Weber Road. Planning Commission and Staff Recommendation (May 3, 2017): Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District, in lieu thereof approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Bruce Callaway ("Owner"), by changing the UDC Zoning Map in reference to a 2.95 acre tract of land being the Easterly 205 feet of Lot Two (2), W. C. Lowery Park, from the "RS-6" Single-Family 6 District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 11,Zoning Case No. 0317-03, Bruce Callaway for rezoning of property located at 4502 Kasper Street. In response to a council member, Interim Director of Development Services Bill Green stated that the developer is aware that the property is currently being used by the Gollihar City of Corpus Christi Page 10 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Road Project contractor as a lay-down yard and will not be moving forward until Gollihar Road construction is complete. There were no comments from the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: 031271 M. PUBLIC HEARINGS: (ITEM 16) 16. Public Hearing and First Reading Ordinance - Rezoning property located at 101 Caribbean Drive Case No. 0717-03 B.L. Marina Properties, LP: A change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. The property is described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by B.L. Marina Properties, LP ("Owner"), by changing the UDC Zoning Map in reference to the property being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff& Encinal Farm & Garden Tracts, from the "CG-2" General Commercial District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor McComb referred to Item 16. Interim Director of Development Services Bill Green stated that the purpose of the item is to rezone the subject property to allow for the construction of a 60-pad Recreational Vehicle (RV) Resort. Mr. Green stated that the Planning Commission and staff recommended approval of the zoning change. Mayor McComb opened the public hearing. Shirley Thornton, 1917 Woodcrest Drive, presented comments provided to the Flour Bluff Citizens Council in support of the zoning change. Anderson Price,spoke on behalf of the City of Corpus Christi Page 11 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 applicant, and stated that the plan for the RV resort is to provide a high-end, luxury facility. Mr. Price referred to the applicant's development of Bluff's Landing and provided before and after photographs of the improvements and continued commitment to the property. Mayor McComb closed the public hearing. Council members discussed the following topics:the allowable uses in "CG-2" General Commercial District; the age restrictions and requirements of coaches and trailers;the distance of Laguna Shores to the park entrance;the operations of the RV resort and ability to manage tenants;the lot size; the proposed zoning is more restrictive than the current zoning;traffic impact; clarification regarding the notification area; and the number of RV parks in the area. Council Member Smith made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 N. REGULAR AGENDA: (ITEM 17) 17. Lease-Purchase of Three Loaders and Two Motor Graders for Beach Operations Motion authorizing City Manager, or designee, to authorize all documents necessary for the lease-purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed is $1,201,629.50. Mayor McComb referred to Item 17. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to lease-purchase three loaders and two motor graders for beach operations. Mr. Ellington stated that staff's recommendation is that this is an on-going operational expense and should not be purchased from reserves. Mr. Ellington explained that future items coming forward include: ratifying the extension to the lease of current equipment and a request to provide funding from reserves for emergency purchases for equipment lost during Hurricane Harvey. There were no comments from the public. Council members and staff discussed the following topics:whether the funding for emergency purchases will be reimbursed by FEMA;the use of local HOT funds and State HOT funds to lease-purchase the equipment; the savings of $105,000 in interest cost from purchasing the equipment; and the amount of funds in reserves. City of Corpus Christi Page 12 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Council Member Smith made a motion to amend the motion to purchase the equipment out of reserves instead of lease-purchasing,seconded by Council Member Hunter and passed unanimously. Mayor McComb made a motion to approve the motion as amended,seconded by Council Member Lindsey-Opel. This Motion was passed and approved as amended with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 Enactment No: M2017-168 O. FIRST READING ORDINANCES: (ITEMS 18 - 19) 18. First Reading Ordinance - Ordinance authorizing the City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US, Inc. located at 299 Gilliam Street Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main. Subject to the Permittee' compliance with specified conditions. Mayor McComb referred to Item 18. Interim Director of Development Services Bill Green stated that the purpose of this item is to execute a Use Privilege Agreement with Flowserve Corp./Flowserve US Inc. to install a private wastewater collection system for property located at 299 Gilliam Street. There were no comments from the public. Council members and staff discussed the following topics:whether the City could utilize the collection system for additional development;the collection system only being sized for this development;the downside of authorizing the installation of a private wastewater collection system; and whether the entity is responsible for damaging the City's infrastructure. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 19. First Reading Ordinance -Approval of agreement and City of Corpus Christi Page 13 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 appropriating funds for MPM Development, LP, for the construction of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor McComb referred to Item 19. Interim Director of Development Services Bill Green stated that the purpose of this item is to execute a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development for construction of a water arterial transmission and grid main line. There were no comments from the Council or the public. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 22) Mayor McComb referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 22. 20. Resolution authorizing the City Manager or designee to execute a Developer Participation Agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85, for the City's share of the cost to extend Oso Parkway. (south of Yorktown Boulevard &east of Cimarron Boulevard) Resolution authorizing city manager or designee to execute a developer participation agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85 for the City's share of the cost to extend Oso Parkway. (South of Yorktown Boulevard & East of Cimarron Boulevard). This Resolution was recommended to the consent agenda. 21. Service Agreement for Bailiff and Security Guard Services for Municipal Court for a not to exceed amount of$209,352 with a City of Corpus Christi Page 14 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 potential multi-year amount of up to $628,056 Motion authorizing the City Manager or designee to execute a service agreement with Sec-Ops, Inc. of Corpus Christi, Texas for bailiffs and security guard services for Municipal Courts in accordance with Request for Proposal (RFP) No. 1151, based on best value for a total amount not to exceed $209,352, which $191,906 is budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $628,056. This Motion was recommended to the consent agenda. 22. Approval of the 2017 Tax Levy Motion approving the 2017 Property Tax Levy of$119,297,025.33 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 23 -24) 23. Affordable Housing and Housing Tax Credits Mayor McComb referred to Item 23. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to provide information on the Affordable Housing Tax Credits and qualified allocation plan for 2018. Sharon Gamble, Texas Department of Housing and Community Affairs (TDHCA), presented the following information: an overview of the Low Income Housing Tax Credit Program (LIHTC); non-competitive and competitive LIHTC; a graph illustrating the difference between 4% and 9% credit financing structures; an understanding of tax credit financing; how the sources of funds flow; housing de-concentration factors; competitive LIHTC scoring items; local government scoring items; local government threshold issues; proposed rule changes; and legal refence for programs. Developers Henry Flores, Dan Allgeier, and Ray Lucas, responded to council member questions related to tax credit financing; how credits are used; and credit scoring items. Council members and the presentation team discussed the following topics: how levels of credit are determined; how credits are used;whether 4% and 9% credit finances are based on the 60%income threshold; the elimination of scoring for educational quality; and the ability to develop a policy to identify target areas for affordable housing developments. 24. Homeless Update Mayor McComb referred to Item 24. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to provide an update on homelessness.Amy Granberry, Homeless Advisory City of Corpus Christi Page 15 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 Council, presented the following information:the Advisory Council's priorities and accomplishments;statistics on homelessness; the roles of the community partners; and recommendations: 1)Coordinated Entry,2) Parks & Recreation Homeless Workers Program, 3)Tent City/Tiny Homes, and 4) Family Reunification Program. After Ms. Granberry's presentation, the following topics were discussed:the status of the implementation of the Parks & Recreation Homeless Workers Program;the City of Houston's Housing First Initiative; discussions with Workforce Solutions assisting with employment; addressing treatment for mental health and substance abuse; and a consensus of the City Council to bring back an action plan and timetable for the recommendations. S. EXECUTIVE SESSION: (ITEMS 25 - 26) Mayor McComb referred to the day's executive sessions. The Council went into executive session at 5:09 p.m. The Council returned from executive session at 6:46 p.m. 25. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's professional service management agreement for the Corpus Christi Museum of Science and History and potential claims related to repairs to said museum. This E-Session Item was discussed in executive session. 26. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts and other governmental entities involving water or other utility services, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, potential creation of entities that could provide or assist in the provision of the aforementioned services, including, but not limited to local government corporation(s), and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said business prospect(s). City of Corpus Christi Page 16 Printed on 10/20/2017 City Council Meeting Minutes October 17, 2017 This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Future Council Agenda Items. Council Member Lindsey-Opel requested that staff bring back options to include a section on the agenda for Council Reports. The request was approved by consent of the City Council. U. ADJOURNMENT The meeting was adjourned at 6:51 p.m. City of Corpus Christi Page 17 Printed on 10/20/2017 se GO � 1k �� O E v I AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 17, 2017 "CORPOppjESecond Reading Ordinance for the City Council Meeting of October 24, 2017 1852 DATE: August 15, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG@cctexas.com (361) 826-3276 Resolution authorizing the City Manager or designee to execute a Developer Participation Agreement with MPM Development, LP., for Royal Creek Estates Unit 7, in the amount of$207,386.85, for the City's share of the cost to extend Oso Parkway (South of Yorktown Boulevard & East of Cimarron Boulevard) CAPTION: Resolution authorizing city manager or designee to execute a developer participation agreement ("Agreement") with MPM Development, LP., ("Developer"), for Royal Creek Estates Unit 7, to reimburse the Developer up to $207,386.85 for the City's share of the cost to extend Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend Oso Parkway. Approval of the agreement will allow the developer to continue with the proposed single-family residential development known as Royal Creek Estates Unit 7. The subdivision is located South of Yorktown Boulevard (SH 357) and East of Cimarron Boulevard. BACKGROUND AND FINDINGS: The developer, MPM Development LP, is proposing to develop a 35-lot single-family residential subdivision known as Royal Creek Estates Unit 7. The tract of land is located South of Yorktown Boulevard and East of Cimarron Boulevard. Royal Creek Estates has a final plat that was approved by the Planning Commission in June 2016. Oso parkway is designated as a Parkway Collector Street with 80 feet street right-of-way and a thicker pavement section than minor residential collector street. Unified Development Code (UDC) Section 8.4.1.A allows City to participate in street construction cost when the street classification exceeds minor residential collector street. The participation agreement includes the construction cost for 4-foot wide sidewalk and the difference in pavement section (see attached exhibits). ALTERNATIVES: Disapproval of the Participation Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed roadway is consistent the Master Plan. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Project to Fiscal Year: 2017-2018 Date Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $AMOUNT Encumbered / Expended $AMOUNT Amount This item j $207,386.85 BALANCE I $AMOUNT Fund(s): Street Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Power Point Presentation Form 1295 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, LP., FOR ROYAL CREEK ESTATES UNIT 7, IN THE AMOUNT OF $207,386.85 FOR THE CITY'S SHARE OF THE COST TO EXTEND OSO PARKWAY. (SOUTH OF YORKTOWN BOULEVARD & EAST OF CIMARRON BOULEVARD) WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, LP., ("Developer"), for the CITY's portion of the cost of Oso Parkway, including all related appurtenances, for development of Royal Creek Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2017. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of Page 1 of 2 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, LP, ("Developer"), a Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a portion of Lots 20, 21 and 22, Section 22, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Royal Creek Estates Unit 7 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Oso Parkway approximately 1811 feet of roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1 , of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $207,386.85. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non-approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE Page 2 of 7 CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF ROYAL CREEK ESTATES UNIT 7 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1 . In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Page 3 of 7 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default-, b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1 . The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Page 4 of 7 N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, L.P. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi 2406 Leopard Street / 78401 426 S. Staples P.O. Box 9277/78469-9277 Corpus Christi, Texas 78401 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be October 24, 2019. (EXECUTION PAGES FOLLOWS) Page 5 of 7 EXECUTED in one original this day of ' 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta William J. Green, P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of ' 2017. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of ' 2017. Notary Public, State of Texas APPROVED AS TO FORM: This day of ' 2017. Assistant City Attorney For the City Attorney Page 6 of 7 OWNER: MPM Development, L.P. Mossa Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2017, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., Limited Partnership, on behalf of said partnership. Notary Public's Signature Page 7 of 7 Q _p Sp X I— gs�J� m W 52 ,N 13259' ONQM�NI� N IbwIl NOO S23'`59'36'V W�.. "I ' aD h 40 l o g I "i I , I <� Z'51 Z a� n ;I �I ` ig 'i I wiz w � sD nl I $ <w0 925.42'49'W I I �� 134.69' I z S23'S9 DI I IN 36'Vrc ►—�z�cn T 1. �r how aH LL Q�w z�d W¢m 130.00' I.. �' I� €< O�—aV I 525.42'4'Y�'/ to I� I �h&' rc M. o�� : P 1x,9' Im �wrc�a �My Y� w� W N S23.59'36'W I ml 130. 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Box 6397 Corpus Christi,TX 78466-6397 ROYAL CREEK ESTATES UNIT 7 STREET PARTICIPATION REIMBURSEMENT ESTIMATE 07/19/17 OVERSIZE OSO PARKWAY(FOR CITY REIMBURSEMENT) QUANTITY UNIT UNIT PRICE AMOUNT 1 4"THICK CONCRETE WALK 6013 SF 4.501 $27,058.50 2 OVERTHICKNESS 2"HMAC TO 4"HMAC=2"HMAC 6279 SY 17.501 109,882.50 3 OVERTHICKNESS 8"CRUSHED LIMESTONE BASE TO 11"CRUSHED LIMESTONE BASE=3"CRUSHED LIMESTONE BASE 7676 SY 6.50 49,894.00 $186,835.00 SUBTOTAL $186,835.00 11%SURVEYING,ENGINEERING&TESTING $20,551.85 TOTAL AMOUNT REIMBURSABLE $207,386.85 Page 1 of 1 PARK Z$�� 6 P� � 13 G�Cd�,9 9 O � ��d x00 14 O� 15 1B 0 O 11 2 Jr 12 O 3 15 13 4 40 p 14 v�o 13 5 y`o 15 ap, RpW EXHIBIT SHOWING OSO PARKWAY IMPROVEMENTS 6 16 1"=150' } 44 BB 17 7 N O 18 8 �n►�d it w 5 ..t4E OF rq" I�*;' * - • it a NIXON M. WELSH ....-........... 1012 IST01 36240. J �DiV1►L Ewa 6 y 11 07/18/17 12 oo �ZSO� 13 0 75' 150' 300' 42 O 00 14 BASS AND WELSH ENGINEERING SCALE: 1"= 150' CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, 'o'4 TX ENGINEERING REG. NO. F-52, l6O �$ FILE: EXB-STR, JOB NO. 14006 A� 15 SCALE: 1" = 150' PLOT SCALE: SAME, PLOT DATE: 07/18/17, SHEET 1 OF 1 60' STREET ROW 40' BB STREET 2" TYPE "D" HMAC ON PRIME COAT 0 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 10' 20' 20' 1.0' TYP. 5" CROWN FROM CL STREET 2% LIP OF GUTTER 27 COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND (T SI CITY STD. CURB AND GUTTER UNDER WALKS (TYP.) (TYPICAL BOTH SIDES) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED 8" CRUSHED LIMESTONE BASE TO 2' BEHIND TO 95% STANDARD PROCTOR DENSITY WITHIN C & G TO MEET REQUIREMENTS OF CITY +/- TWO PERCENTAGE POINTS OF OPTIMUM STANDARD SPECIFICATION 025223 CRUSHED MOISTURE. LIME SHALL BE APPLIED AT THE LIMESTONE FLEXBLE BASE. COMPACT TO 95% RATE OF 34 LB/SY (TO BE VERIFIED THROUGH MODIFIED PROCTOR DENSITY AT A MOISTURE GEOTECHNICAL TESTING). 8" THICKNESS CONTENT +/- 2% OF OPTIMUM MOISTURE BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION — 60' ROW NTS aat G.F rix tit►, . . �� .. ......................... irony ►i:r. ...H BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX 07/19/17 SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT 60'ROW, JOB NO. 14006, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 07/19/17, SHEET 1 OF 1 80' STREET ROW 14.5' 40' BB STREET 25.5' 4" TYPE "D" HMAC ON PRIME COAT CSD 0.15 GALLONS PER SQUARE YARD 8.5' UNLESS SHOWN 20' 20' OTHERWISE 1.0' 5" CROWN FROM „,-CL STREET 19 LIP OF GUTTER11% PROP, 4' PROP, 8' WIDE WIDE WID R/C WALK WALK COMPACT BACKFILL TO 95% 6” CITY STD. R/C CURB AND GUTTER STANDARD PROCTOR DENSITY (TYPICAL BOTH SIDES) (BOTH SIDES) AND UNDER WALKS (TYP.) 11" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH MODIFIED PROCTOR DENSITY AT A MOISTURE SIDES OF STREET AND COMPACTED TO 95% STANDARD CONTENT +/- 2% OF OPTIMUM MOISTURE PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION - OSO PKWY_ NTS y�.j.�'►t�\vk OF r�ltltt.CL..14WELS �EGISTERAl� BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, 07/19/17 TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT 0-PKWY, JOB NO. 14006, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 07/19/17, SHEET 1 OF 1 III❑❑R❑❑CERE❑❑EREME❑❑❑ L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. ❑❑❑E 0 E III❑❑R❑❑CE M111 M❑M III❑❑R❑❑CE CO❑ER❑❑E 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph H Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000 /$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. Exhibit 4 Page 1 of 3 EE ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law.The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A-VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555-Fax 9 D. Co❑tr mor mree Elt❑Cd w®❑re❑❑e I to t❑e mo Ce re❑❑Cided ®❑]r mCe ❑❑r mC� ❑b®❑Dre to Cb❑t=or be e❑dorCjd to Cb❑t=t❑e Cd11bw®❑re❑❑Ted ElroFFTF6❑III • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 ASSUMPTION WARRANTY DEED NOTICE OF CONFIDENTIALITY R143HTS: IF You ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS' YOUR SOCIAL SECURITY NUMBER OR YOUR DRiVER's LICENSE NUMBER. Date: August �5 2004 Grantor: MOSSA MOSTAGHAS] d/b/a MPM Homes Grantor's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Grantee: MPM DEVELOPMENT, L.P. Grantee's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Consideration. Ten Dolfars ($10.00) and other good and valuable consideration paid to Grantor by the Grantee, and the Grantee's assumption of the unpaid principal and interest on two notes: (i)one certain note in the original principal sum of$725,000,00 datedAprii 13, 2004,payable to the order of First National Bank which is secured by the prior and superior vendor's lien on Tract One (1), and by a first lien deed of trust (to said Tract One)of even date from Grantee to Michael V. McCarthy, Trustee; and(6)one certain note in the original principal sum of$1,045,000,00 dated April 13, 2004, payable to the order of First National Bank,which is secured by a prior and superior vendor's lien on Tract Two (2) of the Property and by a first lien deed of trust (to said Tract Two) of even date from Grantee to Michael V. McCarthy,Trustee. Grantee agrees to indemnify and hold Grantor harmless from the payment of the note and from the performance of the Grantor's obligations specified in the instrument securing payment of the note. Property, Being 108,037 acres of land, more or less, out of Lots Six(6), Seven (7), Ten (10), Eleven (11), Twelve(12), Thirteen (13), Twenty(20), Twenty-one(21), Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, and being more particularly described in two (2) tracts as follows, to wit: ASSUMP wd TRACT ONE (1): Description of an 87,534 acre tract of land, more or less, a portion of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Section Twenty-two(22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and being a portion of a 183,86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 87,534 acre tract as further described by metes and bounds as shown on Exhibit"A" attached hereto and incorporated herein. TRACT TWO (2), Description of a 20.503 acre tract of land, more or iess, a portion of Lots Twelve (12), Thirteen (13), Twenty (20), and Twenty-one (21), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed at Document No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as shown on Exhibit "A" attached hereto and incorporated herein, Reservations from and Exceptions to Conveyance and Warranty: This Conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, condktions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regOations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property, and ad valorem taxes for the tax year 2004, which are hereby assumed by the Grantee. NoWthstanding disclosures required by law to be given by Saller(s) to Purchaser(s) prior to and/or contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described, that with this Conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(s)AND GRANTEE(s)ACCEPTS SAID PROPERTY IN*'As IS" CONDITION, WHERE IS, AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN,AND EXPRESSLY WITHOUT ANY WARRANTtES,REPRESENTATION$OR GUARANTIES,OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (1) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (11) THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS,IF ANY,ON THE PROPERTY,AND (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT,DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOWNG OF ANY SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL ASSUMP.- P.g. PROTECTION AGENCY REGULATIONS AT 40 O.F.R.PART 2261,OR HAZARDOUS SUBSTANCE,AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE GO MPENSATION AND LIABILITY ACT OF 1990,As AMENDED,AND REGULATIONS PROMULGATED THEREUNDER- FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERSAL OR WRITTEN STATEMENT, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON,UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee{s} acknowledges sole reliance upon Grantee's own inspections and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or prc)MlSe or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells,and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same of any part thereof, except as to the reservations from and exceptions to warranty_ When the context requires, singular nouns and pronouns include the plural. MOSSA MO AGHAST d/b/a MPM Homes THE S'T'ATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the�'� day of August, 2004, by Massa Mostaeghasi, d/b/a MPM /-tomes. s • • •- Joys Etts NotC;46—c State Of -as ,� �,Wotary PeablBe, !a�T> aesunar W� p%G.a .scrbw FiaC A3o,: 931 33Y066 ExHIBIT "Aar Being 1()8.(137 acres of hand, more or less, out and Lots Six(6), Severn (7),"Term (10),Elevens (11),Twelve(12),Thirteen (13),Twenty (20),Twenty-one(21),Twenty-two(22),and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFFAND ENCINAL FARM AND GARI3EN TRACTS, as shown by the map or plat thereof, recorded in.Volume A,Page's 41- 43,Maps Records of Nueces County,Texas,to which reference is here made for all pertinent purposes, and being more particularly described in two(2)tracts as follows,to-wit: TRACT ONE fil n Description of an 87.534 acre tract of land, more or less, a portion of Lots Six(6),Severs(7), Ten(10),Eleven(11),Twelve(12),Twenty (20),Twenty-sane(21), r wernty-twos(22) and Twenty-three(23),Section Twenty-two(22)„FLOUR BLUFF AND ENC"INAL FARM AND GARDEN TRAC"T"S, a map of which is recorded in Volume A, Pages 41 through 43,Map Records of Nueces County,Texas,and being a portion of a 193.86 acre tract of land described by deed recorded at Document No.898387,Official Public Records of Nueces County,Texas,said 87.534 acre tract as further~adeseribed by metes and bounds as follows: BEGINNING at a 518 inch [ran rod set in a southwest boundary lime of a 43.60 acre tract of land described in Document No. 1997010298,said Official Public Records,said beginning point for a north central corner of the tract herein described and said beginning point beans S 6€4 clog. 571 5011 E,466.00 ft. from a 518 inch Iron rod formai for the westersnmast corner of Uot 1, Siang 2,Cixrmmarou Ranch Unit 1,a map of which is recorded in Volume 58, Pages 100 and 101, said Map Records; THENCE, S 60 deg. 57' 50" E, along said southwest boundary line of a 43.60 acre tract, a distance of 634.17 ft. to a 518 inch iron rod set for interior central northeasterly corner of the tract herein described and southeast corner of said 43.60 acre tract; THENCE, N 29 deg. 02' 1.011 E,993.90 ft. along the southeast boundary line of said 43.60 acre tract to a 518 inch iron road set for a northeasterly corner of the tract herein described and interior easterly corner of said 43.+60 acre tract; THENCE, N 87 deg. 57' 21" E, along an easterly boundary line of said 43.60 acre tract,at 19.60 f- pass the southernmost or southwest right-of-way corner of Safety Steel Drive, a public road, and continuing along time south riigh"f-way Titre of said Safety Steel Drive,in all a distance of 270.57 ft. to a 518 inch iron rod found for the northernmost or northeast corner of the tract Herein described) and northwest corner of time northeasterly portion of a 75.757 acre City of Corpus Christi tract of land described by deed recorded In Volurne 2138, page 624,heed Records of Nueces County,Texas; THENCE, along a westerly boundary lune of the northeasterly portion of said City of Corpus Christi tract,S 01 dei;. 56' 35" E, 790.30 tie. to a 518 inch hoar rod set for the northeasterly corner of time herein described tract and westerly corner of said northeasterly portion of City of Corpus Christi tract; THENCE, S 31 deg. 001 54" W,421.22 ft. Wong a westerly boundary line of said northeasterly portion of City of Corpus Christi tract:,to a 518 inch iron rod set for interior easterly comer of the tract herein described, THENCE, continuing along a westerly houndary line of said northeasterly portion of City of Corpus Christi tract,S 01 deg. 18' 30" E, 848.61 ft. to a 4 inch iron rod found for the southeast corner of the tract herein described and interior central easterly corner of said City of Corpus Christi tract; THENCE, S 59 deg. 07118" W,along a northerly boundary line of the southwesterly portion of said City of Carpus Christi tract, a distance of 394.19 ft. to &5/9 inch iron rod set at the point of curvature of a circular curve to the right having a central angle of 55 deg. 00' 3911, a radios of 1924.511 ft. and a chord bearing S 86 deg. 29' 54" W,a distance of 1685.23 ft_; THENCE, along the are of said circular curve to the right,being along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract,a distance of 1751.74 ft. to a 4 inch iron pipe found at the point of tangency; THENCE,N 66 deg. 001 24"W,along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract, a distance of 803.30 f1:. to a 4 inch iron pipe found at the point of curvature of a circular curve to the lett having a central angle of Ifs deg.55' 54", a radius of 498.138 ft. and a chords bearing N 73 deg. 48' 36" W,a distance of 138.05 ft.; THENCE, along the arc of said circular curve to the left,being along said northerly boundary line of the southwesterly portion of said City of Corpus Christi tract,a distance of 138.50 ft.to a 5!8 Inch iron rod set for the westernmost cornet-of the tract herein described, easternmost comer of a 69.12 acre City of Corpus Christi tract of laud described by deed recorded in 'volume 2092,page 778, said Deed Records,said westernmost corner being in the southeast boundary tine of a 42 ft.wide drainage easement described by deed recorded in Volume 2035, page 665,said Deed Records,said westernmost corner of the tract herein described also being the westernmost corner of said 183.86 acre tract described in Document No. 898387; THENCE, along the northwest boundary line o4 said 183.86 acre tract, being along the southeast right-of-way line of said 42 ft.wide drainage easement and along the northwest boundary lines of said Lot 20, Section 22, N 29 deg. 02' 10" E,1111.10 ft.to a 518 inch iron rod set for the northwest corner or westernmost north corner of the tract herein described; THENCE,S 60 deg. 57' 50" E,448.00 ft- to a 5/8 Inch iron rod set for interior westerly corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 20-00 ft. to a 518 inch iron rod set for westerly corner of the tract herein described; THENCE,S 60 deg. 5'7' 50" E, 110.00 ft. to a 5/8 Inch iron rocs set for westerly corner of the tract herein described; THENCE, S 29 deg. 02' 10" W,310.13 ft. to as 5l8 inch iron rod set for interior westerly corner of the tract herein described; THENCE, S 66 deg. 00' 24" E, 312.15 ft. to a 518 inch iron rod set at the point of curvature of a circular curve to the left having a central angle of 12 deg.28' 44",a radius of 1074.50 ft. and a chord bearing S 72 deg. 13' 56" E, a distances of 233.56 ft.; THENCE, along the are of said circular curve to the left,a distance of 234.112 ft_to a 5/8 inch hors rod set for central interior corner of the tract herein described; THENCE, N 29 deg. 02' 10" Fs,362.06 ft. to a 5/8 inch iron rod set for central interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W,240,00 ft.to a 568 inch iron rod set for central corner of the tract herein described; THENCE, N 29 deg. 02' 10 E, I10.00 ft, to a 5/8 socia iron roof set for central Corner of the tract herein descri THENCE, S 29 deg. 02' itl" W, 360.[!0 Ie.to a 5/8 inch iron rod set for centrad interior easterly corner of the tract herein described; T HEN CF,S 60 deg.57' 50" E, 35-52 ft. to a inch, iron rod set for central easterly corner of the tract herein described; TI-IENCE,S 29 deg.02' loll W, 320.00 ft.to a 518 inch iron rod set for easterly corner of the: tract herein described; THENCE,N 60 deg. 57' 50" W,.43.77 ft. to a 5f8 inch iron recd set for interior comer of the tract herein described; THENCE, 5 29 deg. 02' 10*1 W,110.00 ft. to a 518 inch iron rod set for southeasterly interior corner of the tract herein described; THENCE, S Cil deg. 57' 50" Es 240.00 ft. to as 518 inch iron rod set for southeasterly corner of the tract herein described; THENCE, S 29 deg. 02' 1011 i31, 362-06 ft. to a 518 Inch iron rod set for the southernmost corner of the tract herein described and being to the are of a circular curve to the right having a central angle of 12 deg. 28' 44", a radius of 1074.50 ft. and a chord bearing N 72 deg. 13' 56" Vey, a distance of 233-56 ft.; THENCE, along the are of said circular curve to the right a distance of 234.02 ft.to a 518 inch iron rod set at the point of tangencY; THENCE, N 66 deg. 00' 24" W,312.15' to a 518 inch iron rod set for southerly corner of the tract herein described; "THENCE,N 29 deg. Cit' 10" E,310.13' to a 518 Inch iron rod set for interior southerly corner of the tract herein described; -THENCE,N 60 deg. 57' 5011 W, I I Oi 00 ft. to a 518 Inch iron rod set for central interior southerly corner of the bract herein described; THENCE. S 29 deg. Ell' loll W,20.00 ft_ to a 518 inch iron rod set for southwesterly corner of the tract herein described; THENCE,N 60 deg..57' 50" W,448.00 ft. to a 518 Inch iron rod set for the western mast corner of the tract herein described in the northwest boundary Hue of said Lot 2E1,S"O on 22 and southeast boundary lisle of a 42 ft. wide drainage easement described by instrument recorded in Volume 2035,Page 655, heed Records of Nueces County,Texas; THENCE, along the northwest boundary line of said Lot 20,Section 22 and said Lot 13, Section 22 and northwest boundary Bane of said 183.86 acre tract N 29 deg.02' 1011 E, 685.00 ft. to a 5/8 inch Iron rod set for the northwest or northernmost western corner of the tract herein described and westernmost corner of a City Park as shown by said plat.of Cirnmaron Ranch Unit 1; THENCE, 5 60 deg. 57' 50" E,along the southwest boundary line of said City Park and southwest right•-*fwny line of Rock Crest Drive;, a distance of 400.24 ft. to a" inch iron rod set for central interior northerly earner of the tract herein described and southernmost right-of--way corner of said Rock Crest Drive; THENCE,N 29 deg.02' 10" E,90 00 ft., along the southeast right-of-way tine of said Rock Crest Drive to a 5/8 tach iron rod set at the point of curvature of a circular curve to the right hawing a central angle of 90 deg. 001 00",a radius of 10.00 ft. and a chard bearing of N 74 deg. 021 10" E,a distance of 14.14 ft..; THENCE,along the are of said circular curve to the right, being along ar southeast right-of- way ight of- wvafy line of said Rack Crest Drive, a distance of 15"71 ft.to a 5/8 inch Iron rod set for interior central northerly corner of the tract herein described and southeast corner of the right-of-way of said Rock Crest Drive; THENCE,N 29 deg. 02' 10" E, along a southeast tight-of-wary line of said Rock Crest Drive, a distance of 50.00 ft. to a 5/8 inch iron rod set for north central interior corner of the tract herein described and southeast right-of-way corner of said Rock Crest Drive and being in the are of a circular curve to the right having a central angle of 90 deg.00' 00", a radius of 10,00 fit. and a chord hearing N 15 deg. 57' 50" 'W, a distance of 14.14 ft., 'MENCE, along the are ofsaid circular curve to the right, being along an earsterty right-or- way ightor- way line of said Rock Cruet Drive,a distance of 1.:5.71 ft_to a 5/8 inch Iron rayl set at the poi>est of tangency; THENCE, continuing along a southeast right-of-way line of said Rock Crest Drive,N 29 deg. 02' 10" E,90.0 ft_to the POINT OF BEGINNING. AFTER RECORDING RETURN To: David L. Smith Doc# 21004844346 # Pages a 5354 S. Staples St., Suite 407 88126121 98t33M AM Corpus Christi, Texas 78411 Filed d Recorded in Off tial Records of DIANA T. BAR RA COUNTY CLEW Fees $27.0@ STATE OF TEXAS COUNTY OF NUECES i nereay carvy that this instrimnt was FILED'n File Nunibm Securznce can the date and at the€me stamped hweirt by rte,wW wm 3ury RECORDED.in tote OM6fl Public Retards of Nueoes County.Texas � �#sratr't�s+e1n*Nth-rNUEEM t�DltA[t1`IrtEItK A� GOUNY,T Is R1 i a f1 t 4be�*mn ex.►i G:F 89 An" and LM*ff6 b16 uncles f+u' City of Carpus Christi,Texas Depanment of Development ServicesP.O.Box 9277 Ci}Ly Of Carpus Christi, 78169.9277 (361)826-326-3 240 Corpus �� s Located at:2406 Leopard Street aa� Christi (Comer ofLeopard SL and Pon Ave) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM Is: d Corporation ❑Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest" constituting 3%or more of the ownership In the above named"firm". Name Job Title and City Department(if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named"firm". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership In the above named"firm Name Board, Commission,or Committee NA NA 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership In the above named "firm". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur, Certifying Person: Moses Mostaghasi Title: General Partner (Print) Signature of Certifying Person: Date: 11 .l�- SA L;L�MLEN'SV�:SNAREO'LANOOEVELOI'AIFN'nORD I%ANCE ADNINIST CXVIPPLI ATI ON FORMS":FOMIS AS PER LEGAU-10121OISCLOSURE OF INTERESTS Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board,commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi,Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation,are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest"_ legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f- "Consultant". Any person or firm. such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K ZEVF.LOPMENTSVCSLSIIAREDILAND DEVELOPMENrORDIkANCF ADAIINISTRATIONIAPPLICATION FORI`IS.FORAIS AS PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENT1271 ZWC Exhibit 5 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 Of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-237884 MPM Development,LP Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a parry to the contract for which the form is 07/18/2017 being filed. City of Corpus Christi Development Services Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Royal Creek Estates Unit 7 Participation Agreement for Royal Creek Unit 7 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there Is NO Interested Parry. X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. CINDY sUENO ID# 1176588.3 Notary Public STATE OF TEXAS Sio prized agent contracting business entity MYCOMM Exp. 11-04-2019 AFFIX NO AR 5 P I SPVLB 1�,�,.,,,��.A 1 .�1� Sworn to and subscribed before me,by the said !7/� ��Y 1�i�� this the 16 day of , 217.,to certify which,witness my hand and seat of office. Signature of officeri4dministering oath Printed name of officer administering oath Title of officer administering oath Fortes provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 C: rl-1 O rl O a-J U a-J U O O LM LM � U O w ,0LM`~ •v V � O a � z �� C• 4YO / $ca LA p� Olss��.�/� h d rr9 z - •� s'• e.ssa ;F ' saieri:rr0r mo ,�, PI., v Te■ o aIL 4 �h GJ U U � Q H 1p A rrl � H N W v JJ 3i nil, Tj P oil 4-0 sill 1— 'R4 Ig is If TO , S w lot1 pep I s E ?-� t 0 a 4-j •o a V O 4� CL o CL -a--+ O o V CL Q � Q 4-1 u se o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of October 17, 2017 1852 Action Item for the City Council Meeting of October 24, 2017 DATE: October 17, 2017 TO: Margie C. Rose, City Manager FROM: Gilbert Hernandez, Director of Municipal Court GilbertH(a�cctexas.com (361) 826-2515 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2 c(-).cctexas.com (361) 826-3169 Service Agreement for Bailiff and Security Guard Services for Municipal Court CAPTION: Motion authorizing the City Manager or designee to execute a service agreement with Sec-Ops, Inc. of Corpus Christi, Texas for bailiffs and security guard services for Municipal Courts in accordance with Request for Proposal (RFP) No. 1151, based on best value for a total amount not to exceed $209,352, which $191,906 is budgeted in FY2017-18. The term of this agreement is for one year with option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $628,056. PURPOSE: This is a motion to approve a service agreement for bailiff and security guard services for the Municipal Court. BACKGROUND AND FINDINGS: On June 3, 2016, a contract was executed with Deacon 10, LLC dba Premier Protective Services from Euclid, Ohio, for bailiff and security guard services for the Municipal Court at an estimated annual cost of $160,992.00. The Court experienced concerns with the contractor's inability to provide armed guards and to provide six guards consistently. In addition, some guards were not certified through Department of Public Safety. Invoices were also not being submitted in a timely basis. The contractor was notified of these concerns by the contract administrator, and immediate corrections were not seen by Municipal Court. Therefore, the decision was made to begin the solicitation process for a new security guard and bailiff services for Municipal Court. The Purchasing Division issued a RFP to identify the best value proposer. Out of seven proposers, five met the minimum qualifications to go through the evaluation process. Out of the five proposers, the top three moved forward to the interviews, and Sec -Ops was deemed the highest scoring proposer that provides the best value for the City. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Municipal Court FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $194,000 $436,120 $630,120 Encumbered / Expended Amount $0 $0 $0 This item $191,906 $436,120 $628,056 BALANCE $2,094 $0 $2,094 Fund(s): Municipal Court Fees Fund, General Fund Comments: The initial contract is for an amount not to exceed $209,352, with a total potential multi-year amount of up to $628,056 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreements RFP No. 1151 Bailiffs and Security Guard Services - Summary Evaluation Matrix Proposal EvaluationSecurity p Allied Universal BasE Premier Protective Ser `�' vet securing America * Eddie Garza ** P&AI LLC Minimum Qualifications Required three years in business No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided for firm Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass -- -- Pass Pass Pass Pass Pass — -- Pass Pass Pass Pass Pass -- -- Pass Pass Pass Pass Pass — -- Technical Proposal Technical Proposal (70 points) 43 42 32 48.5 37.5 0 0 Interview Interview (20 points) 26.75 22.25 0 28.5 0 0 0 Price Price (10 points) 14.17 15.67 0 20 0 0 0 Total 83.92 79.92 32 97 37.5 0 0 * Deemed non-responsive due to incorrect submital of proposal ** Deemed non-responsive due to not submitting a proposal. SERVICE AGREEMENT NO. 1151 Bailiffs and Security Guard Services for the Corpus Christi Municipal Court THIS Bailiffs and Security Guard Services for the Corpus Christi Municipal Court Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Sec -Ops, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Bailiffs and Security Guard Services for the Corpus Christi Municipal Court in response to Request for Bid/Proposal No. 1 151 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Bailiffs and Security Guard Services for the Corpus Christi Municipal Court ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to two additional 12 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $209,352.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Gilbert Hernandez, Diretor of Municipal Court Municipal Court Phone: 361-826-2515 Email: GilbertH@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gilbert Hernandez Title: Diretor of Municipal Court Address: P.O. Box 9277, Corpus Christi, Texas 78469 Fax: 361-826-2500 IF TO CONTRACTOR: Sec -Ops, Inc. Attn: Robert Lott Title: President/Chief Executive Officer Address: 5729 Leopard St. Bldg. 8, Corpus Christi, Texas 78408 Fax: 361-299-6769 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTOR Signature: Printed Name: Robert D. Lott Title: CEO Date: 9/19/17 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1 151 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/1 8/1 7 Attachment A: Scope of Work 1. General Requirements A. The Bailiffs and Security Guards will be Security Officer Commissioned to carry a firearm, commissioned by the Service Contractor, and will carry a weapon while on duty at the Municipal Court. B. The Contractor is expected to ensure that all Bailiffs and Security Guards assigned to the Municipal Court possess a certified identification card. The Contractor must provide proof of Crime Policy/Employee Dishonesty Bond and deliver respective copies for all Bailiffs and Guards assigned to duty at the Municipal Court. Failure to provide this information prior to Bailiff and or Security Guards starting work will constitute a violation to this agreement. Trainees must be commissioned to carry prior to starting their training and will only be allowed to be posted alongside a Security Guard for training purposes, and only after proper courtroom etiquette and security have been properly conveyed, will they be allowed to be posted alongside Bailiffs. C. The Bailiffs and Security Guards will conduct themselves in a professional, businesslike manner at all times; and adhere to the provisions as set forth in the Contractor's Violence in the Workplace Policy and Alcohol and Drug Abuse Policy. The Contractor shall provide at least two passport size photographs of all Bailiffs and Security Guards assigned to work at the Municipal Court upon each designated Bailiff's and Security Guards first day of assignment. Bailiffs, Security Guards, supervisors, and any employee of the Contractor shall be required to wear a photo identification card at all times. D. Coverage for all positions is expected at all times. The Contractor's plan for handling scheduled and unscheduled absences must be documented and submitted to the Contract Administrator, prior to the execution of the contract. Additionally, plans for the on-going recruitment of qualified Bailiffs and Security Guards must be discussed, documented, and submitted to the Contract Administrator, prior to the execution of the contract. E. The Contractor must become familiar with the Municipal Court Emergency Procedures and provide Bailiffs and Security Guards knowledgeable of these procedures. Page 1 of 8 F. The Municipal Court is a "Smoke Free" building, therefore, no smoking in any form is allowed by employees, contractors, vendors, visitors, or anyone within the building including employees of the Contractor. The Bailiffs and Security Guards will enforce this ordinance at the Municipal Court. 2. Scope of Work A. Location - The services will be provided for the Corpus Christi Municipal Court located at 120 N. Chaparral Street, Corpus Christi, Nueces County, Texas 78401. B. Staffing Requirements - A total of three Bailiffs and three Security Guards are required: 1. Two Security Guards are required for the check-in process at the first -floor entrance of the Municipal Court by the metal detectors. 2. One Security Guard is required for surveillance of the premises in the lobby areas, including the first floor main lobby area, courtroom lobby areas, and the collection and compliance lobby area. 3. One Bailiff is required for each of the three Courtrooms during courtroom proceedings. One of the Bailiffs shall be designated as the "Supervising Bailiff" and shall oversee the remaining Bailiffs and Security Guards, and all Contractor's Bailiff and Security Guard responsibilities. Any and all changes to the above must be approved by the Contract Administrator, in advance. C. Hours of Operation - The Contractor will not schedule more than 240 hours per week for the three Bailiffs and three Security Guards. The Corpus Christi Municipal Court is open to the public Monday through Friday, during normal business hours (8:00 a.m. to 5:00 p.m.) and during the hours of 8:00 a.m. until 7:00 p.m. on Tuesday. The Contractor is required to have coverage during these hours of operation. D. Essential Duties and Responsibilities - The essential duties and responsibilities for the Bailiffs and Security Guards include, but are not limited to, the following: Page 2 of 8 1. The Bailiffs will provide security and decorum to all courtrooms at the Municipal Court. 2. The Bailiffs will ensure that the courtrooms are open and prepared for court sessions. 3. The Bailiffs will adhere to courtroom decorum, while providing safety in the courtrooms, including responding to emergencies and taking necessary action. 4. The Bailiffs will assist the Judge in maintaining order in the courtroom and will provide instructions to spectators, jurors, and prospective jurors regarding their conduct in the courtroom. 5. The Bailiffs will assist the judges in administering courtroom procedure such as, but not limited to: a. Ensuring all parties and counsel involved in a case, are present before proceedings begin; b. Calling defendants' names to determine failure to appear and calling witnesses to the stand; c. Escorting jurors to and from the jury box; and d. Attending to the needs of the jurors during deliberations 6. The Bailiffs will escort persons found in contempt of court from the Courtroom and hold them in custody until the person in custody is picked up by a City Marshal. 7. The Bailiffs may conduct appropriate follow-up activities with defendants, including taking fingerprints. 8. The Bailiffs and Security Guards will meet periodically regarding courthouse safety and security. 9. The Supervising Bailiff will ensure that all duties are performed and all rules and regulations followed by all the Contractor's employees reporting for work at the Municipal Court. The Supervising Bailiff will meet with the other two Bailiffs and three Security Guards, periodically and as needed, regarding safety and security policy and procedures and courtroom processes. The Supervising Bailiff will be available at all times to provide Page 3 of 8 clarification to Bailiffs and Security Guards on security issues, matters of protocol, and to provide disciplinary actions for the Bailiffs and Security Guards on duty. 10.The Security Guards will monitor and operate the metal detectors at the entrance of the Municipal Court building and survey the premises in the lobby areas, including the first floor main lobby area, courtroom lobby areas, and the collection and compliance lobby area. All persons entering the Municipal Court must be processed through the metal detectors. E. Reporting - The Contractor will prepare and have available the following reports: 1. Daily Log - this report will be a running summary of activities during each work shift. At a minimum, the following items will be noted by the Bailiffs and Security Guards and recorded in the daily log. a. Name and rank of Bailiff or Security Guard b. Time on duty and time off duty c. Area Bailiff or Security Guard is assigned to cover d. Acknowledgment that oncoming Bailiff or Security Guard has read and understands all special instructions for the Municipal Court e. Any violation of established security rules and any outstanding or significant incidents f. Any staff or patron complaints reported to Bailiff or Security Guard 2. Incident Report - this report is a detailed accounting of accidents or incidents on Municipal Court premises. An incident report is to be promptly completed and provided to the Contract Administrator. Such a report will be completed, in full, by the Bailiff and/or Security Guard on duty at the time of the incident. Unreported incidents will be deemed a violation of the service provider contract and will be treated accordingly. Page 4 of 8 3. Uniforms, Equipment and Accessories A. The Contractor shall provide Bailiffs and Security Guards with uniforms and is responsible for ensuring that uniforms are kept neat, clean, and properly ironed when worn for duty at the Municipal Court. B. The Contractor shall provide Bailiffs and Security Guards with portable UHF radios and hand-held metal detectors. C. Except for those items expressly noted as provided by the City, the Contractor shall furnish all supplies and equipment required for the execution of the contracted services shall include, but not limited to, two two-way portable radios, cellular phone(s), and weapons. D. Contractor -furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the term of this contract. 4. Training A. The Contractor will provide certification training for each Bailiff and Security Guard in the area of Courtroom Security and Bailiff Duties in the Courtroom. Contractors are encouraged to contact the Texas Municipal Court Education Center (TMCEC) for more information. B. All Bailiffs and Security Guards assigned to duty at the Municipal Court shall be trained and the Contractor shall provide periodic refresher training in the following areas: 1. Red Cross Certified First Aid procedures and resuscitation procedures including the use of cardio -pulmonary resuscitation (CPR) and the Heimlich maneuver. Proof of training for each assigned Bailiff and Security Guard must be submitted before to start of services. Proof that this certification is being kept current must be submitted to the Contract Administrator within 10 days of the expiration. 2. Communication procedures including the use of portable two-way radio equipment and cellular telephones. 3. Police procedures in public relations, facility security, personal safety, emergency management, personal assaults, disorderly conduct, public intoxication, juvenile delinquency, patrolling and surveillance, and reporting techniques. Page 5 of 8 4. Writing and maintenance of daily reports of activities or problems at Municipal Court as well as accident or incident reports covering mishaps, unusual events, and the like. 5. Courtroom Bailiff and Building Security procedure training. 5. Drug Testing Contractor must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain -of -custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: DRUG GROUP Emit Screen Detection Level ng/mI* GC/MS Confirmation Detection Level ng/mI* Amphetamines 1000 500 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 * Nanograms/milliliter **The limit of detection varies according to the specific drug and/or metabolite(s) present. Contractor shall conduct drug testing prior to assignment and placement and will conduct random drug tests, in compliance this scope of work, on all Bailiffs and Security Guards assigned to duty. Contractor shall review all drug tests. Any employee of the Contractor failing a drug test shall not be assigned to duty. Contractor will provide the written results of any drug test within 24 hours of City's request for same. 6. Background and Credit Investigation Page 6 of 8 As a prerequisite to placement, Contractor shall perform background and credit investigations on every Bailiff and Security Guard and furnish the results to the Contract Administrator, or designee, who will determine each prospective Bailiff and Security Guard eligibility for placement at the Municipal Court. For those prospective Bailiffs and Security Guards who have resided solely in the State of Texas for the ten years immediately preceding their placement at the Municipal Court, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which the prospective Bailiff and Security Guard has resided. All credit investigations shall be conducted on a national basis and shall reflect "Actual" credit history. For those prospective Bailiffs and Security Guards who have resided outside of the State of Texas at any time and for any duration during the ten years immediately preceding their placement at the Municipal Court, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: A. Federal records and records of the states and counties/parishes in which said prospective Bailiff, Bailiff or Security Guard Trainee, and Security Guard has resided in the ten years immediately preceding placement with the Municipal Court. B. All background checks shall search for criminal convictions and Also -Known -As (AKA) Contractor's failure to provide written proof, acceptable to the Contract Administrator, that the above-described background and credit checks were conducted for each Bailiff, Security Guard, and Back-up personnel prior to placement and are favorable for placement, shall result in the City deducting $500, for each such unauthorized placement, from the invoice applicable to the month in which such unauthorized placement(s) was/were made. 7. City Contract Administrator The City's Contract Administrator is the Director of Municipal Court who shall approve all phases of performance and operations under this Contract, including authorization for payment. The Contract Administrator shall be the single point of contact for the Contractor for all matters. 8. Pre -Performance Conference Prior to commencing work under the Contract, the Contractor shall meet in conference with the Contract Administrator to develop mutual understandings relative to this contract and to provide for a smooth assumption of duties. 9. Equipment provided by the City The City will provide the Contractor a walk-thru metal detector at the main entrance to the Municipal Court. Magnetic access cards for each Bailiff/ Security Page 7 of 8 Guard and one set of keys will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and that the Municipal Court is secured at the end of each business day, at the time specified by the Contract Administrator. The Contractor will be liable for the re -keying, replacing, or otherwise altering of locks and security systems should these locks or systems become compromised as a result of the Contractor's negligence, including, but not limited to, the loss of keys or magnetic access cards. 10. Contractor furnished Supplies and Equipment The Contractor is responsible for taking action to protect City supplies and equipment and the personal property of its employees from loss, theft, damage, or tampering. The Bailiffs and Security Guards will take care not to allow any damage or destruction to the equipment furnished by the Municipal Court. The Bailiffs and Security Guards are to document any and all incidents to enable prompt and thorough reporting of any damage or destruction that may occur to equipment furnished by the Municipal Court. The Bailiff Supervisor must contact the Contract Administrator immediately upon determining that the equipment furnished by the Municipal Court has malfunctioned and/or is in need of repair. 11. Invoicing Instructions The Contractor's invoices will be submitted to the City's Account Payable Department within five working days following the end of each calendar month in which services are performed. On verification of the work performed and charges, the Contract Administrator will process the invoices for payment. 12. Holidays The City of Corpus Christi recognizes seven holidays which services will not be provided. These are New Year's Day; Memorial Day; Independence Day (July 4th); Labor Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day. 13. Emergency Procedures The Contractor shall be thoroughly familiar with the Municipal Court Emergency Procedures which requires that for all security and medical emergencies the Bailiff and or Security Guard on duty shall immediately notify the Corpus Christi Police Department by calling 911, reporting the type of emergency and requesting the assistance required. Immediately after calling 911, the Bailiff and or Guard will notify the Contract Administrator. Under non -emergency circumstances, when police assistance is required, the Bailiff or Guard shall notify the Contract Administrator. It is the responsibility of the Contract Administrator to notify the Corpus Christi Police Department and request the necessary assistance. Page 8 of 8 Attachment B: Bid/Pricing Schedule Proposal Response to RFP 1151 City of Corpus Christi Bailiff and Security Guard Services for Municipal Courts Pricing Form (Seventh Item) Page 1 of 1 1} CITY OF CORPUS ' Pricing Form CHRISTI for Municipal Courts — PURCHASING DIVISION lelis RFP No. 1151 Bailiff and Security Guard Services DATE: June 10, 2017 Sec -Ops, Inc. C€0 PROPOSER AUTHORIZED SIGNATURE 1. Refer to Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price For each Item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices: b, Proposer Is an Equal Opportunity Employer, and the Disclosure of Interest Information on file with City's purchasing office,pursuant to the Code of Ordinances, Is current and true. c. Proposer has incorporated any changes Issue through Addenda to the RFP in this pricing. Item Description CTY UNIT UNIT PRICE TOTAL PRICE 1 Supervising Commissioned Municipal Bailiff' 2,080 HRS $17.55 531,x.04 Commissioned Municipal Bailiffs 4,160 HRS $10.80 $ 19,8118.00 3 Commissioned Security Guards 6,240 HRS $10.34 . IO2,9%O.04 TOTAL 2.09.352.00 Page 1 of 1 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Director of Municipal Court, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence POLICE PROFESSIOAL LIABILITY $1,000,000 Per Occurrence WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The Page 1 of 3 workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time Page 2 of 3 herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Municipal Court - Bailiff and Security Guard Services 04/11/2017 gms Risk Management Page 3 of 3 Attachment C: Bond Requirements Section 5. (B) is null for this Service Agreement. Page 1 of 1 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. Page 1 of 1 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-262672 Date Filed: 09/19/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Sec -Ops, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 1151 Bailiff and Security Guard Services for Municipal Courts 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT , Pec J� ROSIE A ROBLES HERRERA ,�l, My Commission Expires \\ June 1, 2019 S�1.E Oi 1E�4� AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true � 1111101 qr and correct. / '" Signature of authorized agent of contracting business entity Robert D. Lott , this the 19th day of September 20 17 , to certify which, witness my hand and , seal of office. Rose Herrera -Robles Notary -HR Manager ,...-e>) ,, ,I , Q ,4-,Y,____, Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 17, 2017 Action Item for the City Council Meeting of October 24, 2017 DATE: TO: THRU: FROM: October 5, 2017 Margie C. Rose, City Manager Sylvia Carrillo -Trevino, Assistant City Manger Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval of 2017 Tax Levy CAPTION: Motion approving the 2017 Property Tax Levy of $119,297,025.33 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Tax Code and is the last step in complying with the "Truth -in -Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2017 that is based upon a property tax rate of $0.606264 per $100 valuation and a taxable value of $20,382,453,858 is as follows: Tax Levy $76,802,309.09 46,769,170.97 $123,571,480.06 118,945.26 (4,393,399.99) $119,297,025.33 Component Supporting the City's maintenance and operations ($0.376806) Supporting the City's debt service ($0.229458) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over-65/Disabled Homestead Frozen Levy Loss 2017 Ad Valorem Tax Levy Additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2017-2018 reflects the effect of the thirteenth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss Change from Prior Year FY 2017-2018 $ 4,393,399.99 11.52% FY 2016-2017 $ 3,939,600.86 20.65% FY 2015-2016 $ 3,265,194.37 45.36% FY 2014-2015 $ 2,246,329.44 42.19% FY 2013-2014 $ 1,579,763.73 28.89% FY 2012-2013 $ 1,225,650.00 -18.74% FY 2011-2012 $ 1,508,251.05 -9.31% FY 2010-2011 $ 1,663,133.81 -4.46% FY 2009-2010 $ 1,740,803.00 16.01% FY 2008-2009 $ 1,500,521.56 23.99% FY 2007-2008 $ 1,210,235.01 86.00% FY 2006-2007 $ 650,650.57 64.02% FY 2005-2006 $ 396,701.13 It should also be noted that property taxes budgeted in the FY 2017-2018 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $20,307,553,850 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $20,382,453,858 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $74,900,008 increase in assessed values certified by the Nueces County Tax Office. In the FY 2017-2018 budget adopted by the City Council on September 26, 2017, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $116,099,895. When comparing this figure to the certified ad valorem tax levy of $119,297,025, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2017-2018 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $116,207,738 — which is $107,843 more than the total ad valorem tax revenue adopted in the FY 2017-2018 budget of $116,099,895, a difference of less than 0.1%. Therefore, no budgetary adjustments for the FY 2017-2018 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 116,099,895 $ - $ 116,099,895 Encumbered/Expended amount of (date) -- - - This item - $ - $ - $ - BALANCE - $ 116,099,895 $ - $ 116,099,895 FUND(S): 1020 "General Fund" $ 70,351,865 2010 "Debt Service Fund" $ 42,841,140 1111 "Reinvestment Zone #2" $ 2,307,516 1112 "Reinvestment Zone #3" $ 599,374 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Tax Levy for the Tax Year 2017 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2017 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value $ 26,865,404,965 Less: Partial Exemptions Ag -Use account value loss and abatements $ 6,482,951,107 Total Net Appraised Value $20,382,453,858 Assessment Ratio 100% Total Taxable Value $20,382,453,858 2017 Adopted Tax Rate .606264 /$100 2017 Ad Valorem Tax Levy $ 123,571,480.06 Less: Over-65/Disabled Homestead Frozen Levy Loss $ 4,393,399.99 Plus: Late Rendition Penalty - Personal Property Accounts $ 124,810.57 Less: 5% of Late Rendition Penalty to the Appraisal District $ 6,240.53 Plus: Late Ag Penalty $ 375.22 2017 Total Ad Valorem Tax Levy $ 119,297,025.33 Submission of the Tax Levy for 2017 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Kevin Kiesch Nueces County Tax Assessor -Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this 29th day of September, A.D., 2017. SUZAN COX Notary Public, State of Texas My Commission Expires October 27, 2019 THE STATE OF TEXAS COUNTY OF NUECES No ary Pubtate of Texas' The Tax Levy is hereby approved by the City of Corpus Christi City Council on this day of , A.D., 2017 ATTEST' City Secretary, City of Corpus Christi Mayor, City of Corpus Chrsiti Administration (361) 888-0307 (361) 888-0308 For information contact: Motor Vehicle Property Tax Voter Registration voice (361) 888-0459 (361) 888-0230 (361) 888-0404 fax (361) 888-0482 (361) 888-0218 (361) 888-0339 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 17, 2017 Second Reading for the City Council Meeting of October 19, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Public Hearing and First Reading for Property at 101 Caribbean Drive CAPTION: Case No. 0717-03 B.L. Marina Properties, LP: A change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District. The property is described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a 60 -pad Recreational Vehicle (RV) Resort. RECOMMENDATION: Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District. Vote Results: For: 5 Against: 1 Absent: 3 Abstained: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District to allow for the construction of a 60 -pad Recreational Vehicle (RV) Resort. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Future Land Use Map, PIanCC, and the Flour Bluff Area Development Plan (ADP). ALTERNATIVES: 1. Deny the request (Requires 3/4 vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Future Land Use Map, PIanCC, and the Flour Bluff Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by B.L. Marina Properties, LP ("Owner"), by changing the UDC Zoning Map in reference to the property being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of B.L. Marina Properties, LP. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, August 9, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, and on Tuesday, October 17, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by B.L. Marina Properties, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre (the "Property"), from "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District (Zoning Map No. 035028), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-03 B.L. Marina Properties\Council Documents\Ordinance_0717- 03_B.L. Marina Properties.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0717-03 B.L. Marina Properties\Council Documents\Ordina nce_0717- 03_B.L. Marina Properties.docx Page 3 of 3 Exhibit A 7.95 Acres Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43142.B7.00 June 15, 2017 Fieldnotes for a 7.95 Acre Tract, (not based on an on -the -ground survey) out of Lots 22 and 23, Section 53, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; said 7.95 Acres being a portion of Tracts II and II1, described in Special Warranty Deed with Vendor's Lien from Beverly Held to B L Marina Properties, L.P., recorded in Document No. 2004058721, Official Public Records of Nueces County, Texas; Commencing at the East corner of Lot 23, Block 1-A, Tropic Isles — Section 2, a map of which is recorded in Volume 20, Page 69, Map Records of Nueces County, Texas; Thence, South 55°15'12" West, 202.34 Feet to the Point of Beginning and North corner of this Tract; Thence, over and across the said Lots 22 and 23, and with the boundary of this Tract as follows: • South 63°34'02" East„ 284.34 Feet; • South 52°31'12" West, 32.52 Feet; • South 31°36'21" West, 70.12 Feet; • South 41°11'22" West, 100.53 Feet; • South 36°36'25" West, 90.28 Feet; • South 27°40'03" West, 109.44 Feet; • South 28°34'52" West, 102.85 Feet; • South 25°47'08" West, 106.94 Feet; • South 17°55'22" West, 117.15 Feet; • South 03°22'59" West, 48.02 Feet; • South 10°43'59" West, 34.67 Feet; • South 37°21'00" West, 30.36 Feet; • South 08°13'43" West, 46.41 Feet; • South 15°18'21" East, 34.64 Feet; • South 34°25'01" East, 36.73 Feet; • South 37°59'32" East, 37.51 Feet; • South 51°32'10" East, 23.78 Feet; • North 81020'44" East, 20.62 Feet; • North 13°30'53" West, 15.85 Feet; • North 31°28'53" West, 17.09 Feet; • North 34°08'11" West, 20.63 Feet; • North 28°19'10" West, 22.72 Feet; S:1Surveying1431421B7001OFFICE\METES AND BOUNDS\43142B700_7.95Acre.Docx Page 1 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 • North 13°11'02" West, 25.64 Feet; • North 06°21'19" West, 29.68 Feet; • North 00052'30" West, 33.61 Feet; • North 40°20'31" East, 36.65 Feet; • South 58°27'21" East, 19.91 Feet; • South 34°53'52" East, 29.69 Feet; • North 74°34'34" East, 71.27 Feet; • South 89°10'30" East, 66.26 Feet; • South 63°15'13" East, 67.29 Feet; • South 13°03'05" East, 51.34 Feet; • South 02°46'46" West, 63.76 Feet; • South 06°12'31" West, 53.98 Feet; • South 00°36"18" West, 64.42 Feet; • South 51°38"51" West, 90.97 Feet; • North 75°18'28" West, 89.25 Feet; • North 89°16'48" West, 63.90 Feet; • North 61°54'37" West, 55.97 Feet; • North 57°27'06" West, 80.23 Feet; • North 56°51'02" West, 99.78 Feet; • South 75°03'53" West, 68.87 Feet; • North 61°3699" West, 141.29 Feet; • North 52°53'32" West, 23.76 Feet to the intersection of the North boundary of Tropic Isles Main Channel with the East boundary of Montego Cove, for the common south corner of the said Tracts Il and III; Thence, North 26°25'58" East, with the said East boundary, 1030.28 Feet; Thence, North 33°14'34" East, 29.40 Feet, to the Point of Beginning, containing 0.795 Acres (346,136 Square Feet) of Land, more or less. Bearings based on the recorded plat of Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of Tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1431421B7001OFFICE\METES AND BOUNDS143142B700_7.95Acre.Docx Page 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 "Point of Commencement" "Point of Beginning/ 300 200 100 0 ■ ■ ■ ■ ■ Graphic Scale 1"=200' 200 400 Exhibit B Sketch to Accompany Fie/dnotes for a Z95 Acre Tract, out of Lots 22 and 23, Section 53, flour B/uff and Encino/ Form and Garden Tracts, a map of which is recorded in Volume it Pages 41-43, Mop Records of Nueces County, Texas; said 7.95 Acres being a portion of Tracts 11 and fll, described in Special Warranty Deed with Vendor's Lien from Beverly Held to B L Marina Properties, L.P., recorded in Document No. 2004058721, Official Public Records of Nueces County, Texas. II 1BPE MN NO. 145, TBPLS MIA NO. 10032400 2725 SWANTNER DR, CORPUS CHRISB, T% 78404 PHONE: 381.854.3101 WWW.URBANENG.CON URBAN ENGINEERING LINE BEARING DISTANCE L1 S55'15'12"W 202.34' L2 S63'34'02"E 284.34' L3 S52'31'12"W 32.52' L4 S31'36'21 "W 70.12' L5 S41'11'22"W 100.53' L6 S36'36'25"W 90.28' L7 S27'40'03"W 109.44' L8 S28'34'52"W 102.85' L9 S25'47'08"W 106.94' L10 S1755'22"W 117.15' L11 S03'22'59"W 48.02' L12 S10'43'59"W 34.67' L13 S37'21'00"W 30.36' L14 S08'13'43"W 46.41' L15 S15'18'21"E 34.64' L16 S34'25'01 "E 36.73' L17 S3759'32"E 37.51' L18 S51'32'10"E 23.78' L19 N81'20'44"E 20.62' L20 N13'30'53"W 15.85' L21 N31'28'53"W 17.09' L22 N34'08'11"W 20.63' L23 N28'19'10"W 22.72' L24 N13'11'02"W 25.64' L25 N06'21'19"W 29.68' L26 N00'52'30"W 33.61' L27 N40'20'31"E 36.65' L28 S58'27'21"E 19.91' L29 S34'53'52"E 29.69' L30 N74'34'34"E 71.27' L31 S89'10'30"E 66.26' L32 S63615'13"E 67.29' L33 S13'03'05"E 51.34' L34 S02'46'46"W 63.76' L35 S06'12'31"W 53.98' L36 S00'36'18"W 64.42' L37 S51'38'51 "W 90.97' L38 N75'18'28"W 89.25' L39 N89'16'48"W 63.90' L40 N61'54'37"W 55.97' L41 N57'27'06"W 80.23' L42 N56'51'02"W 99.78' L43 S75'03'53"W 68.87' L44 N61'36'29"W 141.29' L45 N52'53'32"W 23.76' L46 N33'14'34"E 29.40' DATE: June 16, 2017 SCALE: 1"=200' JOB NO.: 43142.B7.00 SHEET: 1 OF 2 DRAWN BY: XG urbansurveyl ®urbaneng.com © 2017 by Urban Engineering S:\Surveying\43142\6700\Z431426700_20170606.dwg, 6/15/2017 4:07:52 PM Waldron Naval Auxiliary Landing Field Nueces County City of Corpus Christi, Texas Laguna Madre 0 0 0 Location Map: N.T.S. II 1BPE MN NO. 145, TBPLS MIA NO. 10032400 2725 SWANTNER DR, CORPUS CHRISB, T% 78404 PHONE: 381.854.3101 WWW.URBANENG.CON URBAN ENGINEERING DATE: June 16, 2017 SCALE: 1"=NTS JOB NO.: 43142.B7.00 SHEET: 2 OF 2 DRAWN BY: XG urbansurveyl ®urbaneng.com © 2017 by Urban Engineering S:\Surveying\43142\6700\24314213700_20170606.dwg, 6/15/2017 4:08:08 PM Zoning Case #0717-03 B.L. Marina Properties, LP. From: "CG -2" General Commercial District To: "RV" Recreation Vehicle Park District City Council Presentation October 17, 2017 Aerial Overview Vicinity Map Subject Property at 101 Caribbean Drive N Flood Map ZONE V:ZZ{t-1Z) Zone: A18\\ �BFE: 10 1 l! 11 111985 Zone: AE BFE: 10 Prelim. Public Notification 37 Notices mailed inside 200' buffer 8 Notices mailed outside 200' buffer Notification Area Opposed: 16 (12.90%) *Tropic Isles HOA is in opposition In Favor: 1 UDC Section 3.3.4 — 20% protest requires super - majority (i.e. 7 of 9) of City Council for approval. *ZLtG 2 ,Iu f 5� 10 21 .4, r 26 z�fegF 3�6 - •. ✓`i�1Z1 * 4, 74 a� ! oQw .j,*,%qpl 41., / h 44* 4141 • ,a• ®t Al 4 NI, l a� • � P47 SUBJECT PROPERTY RS -6 Department of Development Services Zoning Pattern "RS -6" Annex. 1961 6 UDC Requirements Table 6.1.2.0 District Develanment Recreational Vehicle RV DISTRICT Max. Density (traders/ gross ac.) 25 Min. Open Space (% gross site areal 8% Min_ Site Area (ac.) 3 Min. Site Width (ft.) 100 Min. Yards (ft.) Street Street (comer) 20 20 Side (single) Side (total) 10 20 Rear 15 Min.Trailer Separation (ft.) Between Trailers 10 Between Trailers and Struc, ures 20 Building to access drive 5 Min. Internal Access Drive Width (ft.) See D.4. (e} Property: 7.95 acres Proposed: 60 RVs with hookups Amenities: Improved Road, Pool, and Community Center Office Hours: 7 am — 6 pm Buffer Yards: "RV" to "CG -2" Type A: 5 points (6 ft. fence). Rental Sites: Day or week only and no longer than 180 days in duration within the park. Accessory Uses: No more than 1/3 of park Barber shops, Beauty parlors, Car wash, Convenience grocery stores of less than 4,000 square feet, Day care centers, Dry cleaning receiving stations, Fuel sales, Restaurants excluding bars, taverns or pubs, and Self-service laundries Metes and Bounds mow/ 'Point o Commencement' L28 ts, L43 X11 L39 L38 3i. �o 1 oJ� z 10 Gra hic or =2S Exhibit B Sketch to Accotupatiy refar o ?.95 Acre beet out d leis 22 and 1d swim, Six flow &If and &Mel Tena and Caden Tenets, a mo of With e recorded m Volme A Pala 45--12 Yep Recant; of Mem Cane; Tema' sad 7.95 Ames tei g a portion of Tracts 9 and ,R desce ed sp./f skrronly Aced en Vender's lien from Beverly Rod to Ell Morins Properties. LP., recorded n Document No. 1004058711, Mao/ Pudic Remds a1 Moms County, T URBAN ENGINEERING 8 Planning Commission and Staff Recommendation Approval of the "RV" Recreational Vehicle Park District. PLANNING COMMISSION FINAL REPORT Case No. 0717-03 INFOR No. 17ZN1023 Planning Commission Hearing Date: August 9, 2017 Applicant & Legal Description Owner: B. L. Marina Properties, L.P. Applicant/Representative: Urban Engineering/Xavier Galvan Location Address: 101 Caribbean Drive Legal Description: Being 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. Zoning Request From: "CG -2" General Commercial To: "RV" Recreational Vehicle Park Area: 7.95 acres Purpose of Request: To allow for the construction of a 60 -pad Recreational Vehicle (RV) Resort. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "CG -2" General Commercial Vacant Flood plain Conservation Formerly Commercial North "CR-2/PUD" Resort Commercial with a Planned Unit Development and "CG -2" General Commercial Low Density Residential, Park and Vacant Low Density Residential Formerly Commercial South "CR -1" Resort Commercial Vacant Flood plain Conservation Formerly Commercial East "RS -6" Single -Family 6 and the Laguna Madre Laguna Madre Laguna Madre West "RS -6" Single -Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for flood plain conservation uses. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Future Land Use Map which calls for flood plain conservation. Map No.: 035028 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property will share approximately 350 feet of street frontage along Caribbean Road which is designated as a "01" Minor Residential Collector. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Caribbean Drive "01" Residential Collector 60' ROW 40' paved 50' ROW Not Paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District to allow for the construction of a 60 -pad recreational vehicle park and supporting improvements. Development Plan: The subject property is comprised of 7.95 acres. The proposed resort will accommodate approximately 60 RV pad sites, each with an improved pad, water, electric, sewer service, 2 parking spots and other amenities. The site will include an improved road within the site, a pool, and a community center. The Park office will be open during normal business hours 7a.m.-6p.m., and will be contained in a building on the front of the site. The existing property is unimproved with the exception of an existing boat ramp. The existing boat ramp is to be improved for use by the RV resort. The building on the front of the site will also be used to facilitate public access to the boat ramp. Existing Land Uses & Zoning: The subject property is currently zoned "CG -2" General Commercial and is vacant land. To the west is single-family zoned "RS -6" Single -Family 6 District. To the north is a low density residential planned unit development rezoned in 2014. To the south of the property is vacant and was rezoned "CR -1" Resort Commercial in 1982. To the east is the Laguna Madre. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the Future Land Use Map and the following policies of the Flour Bluff ADP and PIanCC: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational Staff Report Page 3 needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • The City encourages expanded and additional recreation vehicle areas to serve tourists. Rezoning of proposed commercial and/or multi -family land use near South Padre Island Drive (SPID) and adjacent to the Laguna Madre for recreational vehicle usage should be encouraged. Zoning this area for recreation vehicles would take advantage of the natural resource of the Laguna Madre, excellent access to SPID and would meet community objectives to minimize potential for property losses in flood prone areas (due to the mobile nature of this use)(Policy Statement B.9). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Flour Bluff Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. The former Future Land Use map identified the subject property for commercial uses. • Flood Plain Conservation are properties that are within the 100 -year flood plain, preferably preserved for environmental reasons. The flood plain conservation designation should be updated when new Federal Emergency Management Agency (FEMA) maps are adopted to better represent which lands are impacted by flooding. The subject property is within the 100 -year flood plain and has an elevation requirement of 10 as per the adopted 1985 maps. The proposed FEMA flood maps show the elevation requirement of 10 feet to for permanent structures. • A portion of the property has a designated wetland (Estuarine and Marine Wetland). The Estuarine System describes deep water tidal habitats and adjacent tidal wetlands that are influenced by water runoff from and often semi -enclosed by land. They are located along low-energy coastlines and they have variable salinity. Intertidal areas are defined as the area from extreme low water to extreme high water and associated splash zone. Unconsolidated Shores include all wetland habitats having two characteristics: (1) unconsolidated substrates with less than 75 percent areal cover of stones, boulders or bedrock and; (2) less than 30 percent areal cover of vegetation. Landforms such as beaches, bars, and flats are included in the Unconsolidated Shore class. • According to the National Wetland Inventory the portion of the property is regularly flooded by tidal waters which alternately floods and exposes land surfaces at least once daily. • The property is currently vacant and has not been developed since Flour Bluff was annexed in 1961. • The proposed RV resort will have to abide by all of the requirements of the Unified Development Code (UDC) including appropriate density, access to a public street, separation between pad sites, an internal drive, buffering/screening, and any amenities. • According to section 6.1.2.D.2 of the UDC, "Trailer pads shall be rented by the day or week only and the occupant of a trailer pad shall remain in the same Recreational Vehicle Park not more than 180 continuous days." • According to section 6.1.2.D.3.a and b, "The following uses shall be permitted as accessory uses to a Recreational Vehicle park provided that such uses do not Staff Report Page 4 occupy more than one-third of the area within the Recreational Vehicle park development. (Barber shops, beauty parlors, car wash, convenience grocery stores of less than 4,000 square feet, day care centers, dry cleaning receiving stations, fuel sales, restaurants excluding bars, taverns or pubs, and self-service laundries.) None of the described uses shall be allowed to operate within the proposed recreational vehicles. A single-family dwelling unit or Manufactured Home for resident watchmen or caretakers employed on the premises shall be permitted. Planning Commission and Staff Recommendation (August 9, 2017): Approval of the change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District. Vote Results: For: 5 Opposed: 1 Absent: 3 Abstained: 0 Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 8 outside notification area As of August 9, 2017: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 16 inside notification area — 4 outside notification area Totaling 12.90% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0717-03 B.L. Marina Properties\PC Documents\Staff Report_0717-03_B.L. Marina Properties.docx SCG -2 1?-/ 2is;0 1 P U 527acqR ,1520'26 v144- _�9 � 21 ♦ , 40441. 3a P**sm S OMLikf L *W ' * 4 4 /A4IP e 37 SUBJECT PROPERTY 800 Feet CASE: 0717-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home f I Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table IV in opposition RS -6 Date Created: 7/26/2017 Prepared By: JoannaS Department of Development Services LOCATION MAP SUBJECT PROPERTY City of Corpus Christi - Persons with disabilities planning to attend this meeting, who may require spe- cial services, are regUe5,ted to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incacraeld" es que tienen laintencion de asistir a este [unta y que requieren servicios especiales, se les suplica que den aviso 4i horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nirmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la junta v su inoles es limitedo, favor de (lamer al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Li�1("►�� Address: ;Le()1 I; br--, ( ) IN FAVORcgIN OPPOSITION REASON: 52...5.e,, et " r -D SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1023 Property Owner ID: City/State: Phone: imus 601 01, ;Tx { SSR 2403 5— /recorcQ IVitq&ce Case No. 0717-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com CVA•pus Christi N4eiopment Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 Jerry Hooper Jr. Tropic Isles Assoc. HOA President 3401 Bali Drive Corpus Christi, TX 78418 U.S. POSTAGE >> Rn ZIP 78412 $ 000.46° 024V 0000340617JUL 28 2017 CASE: 0717-03 SUBJECT PROPERTY WITH ZONING 1771 5uhfec Property H MI Mud+X.n y 1 441.2 M.RHamHy 2 RM 2 Mumtrfdy O,l Pr4..eb.al ollk. RM AT Mu1R1andirAI CN 1 MHpMmnaed CemRwrctel Chia NnOrb-Rw4 CemmacW CR I Renal C.r.m4ril4l CR.T Resod Clnnacur CG -1 6.4.1.1 C-4411.1.1 Cha Carmel Co.n.o..a41 AI 111.mhe CMervrtMl CRO Re wdonso Celrm.rt111 011.2 R.e0R fen.mercW FR Farm 11V.1 H 4110Th Onrley 1P Hull,.... P..A IL LIQO11nGIr1.t.1 14 Haery 1A1141 Put named I1n19a'r. Or.rsay RLII SLgIa•Fem1T 12 R14 l.ly►randly 1 RSA 1 1nete-farnly 4 11.1.4F Teo -F44144 RS 14 1119144ed4 IS RE R..14Mnte11a'4:1 RS. TR Ta1nMW. SP SpodWPemr1 4V R.vaa4rual Wed IAN* RMH .Ynol1Re.d Hans ser p. 0.• -,,,,.r SUBJECT SUBJECT PROPERTY RS•6 1'1;1'111 Oslo Created. 7?14201T Prepared Sy Jaw. O.Parlmeoe W Olr.+ePm-d sF SUBJECT PROPERTY 7 J 111 Corpus C hrititl Cert.lOn- `f9) OoOo S-623'4-657 AFFIDAVIT FOR ZONING CHANGE CASE # 0717-03 PUBLIC HEARING AUGUST 9, 2017, 5:30 PM STATE OF TEXAS JERRY L. HOOPER, JR. COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared JERRY L. HOOPER, JR. who upon being duly sworn testified and deposed as follows: 1. "My name is JERRY L. HOOPER, JR. I am over 21 years of age and am competent to make this affidavit. I have personal knowledge of the matters contained in this affidavit, and all matters contained in this affidavit are true and correct. 2. 1 am a Taxpayer and Homeowner in Tropic Isles at 3401 Bali Drive, Corpus Christi, Texas 78418. 3. I am also the President of the Tropic Isles Association, Inc. ("Association") which is the homeowner's association for Tropic Isles subdivision. The Association has the responsibility for the property, i.e. canals, adjacent on two sides of the property being considered for the zoning change. 4. This affidavit is offered in lieu of oral evidence and argument at the Zoning Change Public Hearing asserting that: a. The proposed change is not in harmony with the established land use pattern of the adjacent properties or developments. b. The proposed change does not maintain the same or similar population density patterns for the adjacent and surrounding areas. c. The proposed change does not positively influence living conditions in the neighborhood. d. The proposed change has a much greater negative impact on property values in the adjacent property and subdivisions, i.e. Tropic Isles. e. There are substantial reasoning as to why the use of the property is fairly limited under the existing zoning. f. As a homeowner in Tropic Isles with a specific interest in the canals, there is significant issue with rezoning and its impact on the canals and waterways which are maintained by the homeowner's association, i.e. Tropic Isles Association, Inc., for which I pay dues to maintain the canal system. The proposed zoning change to allow an RV Park would negatively impact the efforts of the Tropic Isles Association, Inc. and, thus, it would impact the cost of maintenance of the canals and result in my cost increasing. 5. As a Taxpayer in the adjacent subdivision of Tropic Isles with common interest of the canal adjacent to the subject property zoning change and as the Member of the Tropic Isles Association with standing in regards to the adjacent canal system, I request Page 1 of 2 that the Commission and/ or Council of the City of Corpus Christi, Texas in Nueces County enter an order: a. Finding that the rezoning of the subject property be denied. FURTHER Affiant sayeth not. 4111// Jer SUBSCRIBEu��SWORN to before me by U JACQUELINE FAYE SPEARS i Notary Public). Stte ofTexasComm. Expires 0420.2021 Notry ID 131088883 e fL HOOPER, JR. on the2- JLY day of ,,, • 4. J. lie 11 ! • Publi in and for the St 1 e •" Tex I Page 2 of 2 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidadesL que tienen Ia intention de asistir a este junta v clue reguieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a Ia commission durante la junta v su irides es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia iunta para solicitar ,un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: ` r1rNy N1 E .1 1 ( Son E , eran Address: 3 a) N .5S&L-t Drive City/State: Co CptAS ChRS { ) IN FAVOR IN OPPOSITION Phone: 7 36)-4)3 ?' 09 REASON: `, Decfcc.se Ni Uue e G - o4 out homned. land3 a- `t ,P--1702 b r 5 3.7hc, di-gcrcnce V\ou3-4ile komes .4- IR\)S 111iPX,A41 O t1,� 6,'nc n K r r SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1023 Property Owner ID: 1 Signatur Case No. 0717-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 884700010065 FRANKLIN BENNY MARK AND W 3221 NASSAU DR Corpus Christi, TX 78418 U.S_ POSTAGE)) PITNEY BOWES (4117.fiLs=4...m. ZIP 78412 $ 000.460 02 4V 0000340617JUL 28 2017 ipi lid}�1 llIJEi�1j111If,ij11�iIFlIlf11'f fit SUBJECT PROPERTY RS -6 CASE: 0717-03 SUBJECT PROPERTY WITH ZONING Subfecf P= �perty RM.1 sumpmd,1 RIR-2 MulWamlly RYJ M.ml.IIyJ cod htRtteenel Mike Rat AT Y1lllhmIy AT CN 1 M.IOMememd Cemmesclal CR -7 11 g orheed Comm -mW cR I Resort CammncW CR -2 001 C0.2 CI C00 CR lex OP Retort Crewmen. Gr.. l Commercial G..enl Caamerelel lean** Ca .li .rtW1 Oe remmen Cemn.11111 ..ten Cemmnttl farm Rol NIR.r11 O,.l* , lowness Peet IL Llpht 110u11l11 RI Remy Indminal 1.110 Mlm..d Vet brr. Overlay Rs -10 s1.gl. r.nmy +e Rs1 aMglr7am1y• 11341 single-pamile a ■ RYTr T1.fam1, Rs 1t EYhI.JbTIy 11 Rr Raald.e.l.l 1.111* Rs TR 1b.nh1ues sp 1p.elelP.rm11 Ry RtonMONI Vehicle park RMR Wn.face..d Ron. { LOCATION MAP Grim Crooned. 7 al.p..w GepanmbN of OtrtlapRr slaw PROPERTY M City of Corpus Christi fPersons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les sur lica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al Humero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Ail N ce s Address: ,32.Na 5S r} u) City/State:eorpuGhvi S4 x ']' f_� ( ) IN FAVOR (Y) IN OPPOSITION Phone: nf-'94'D -/405 REASON: j y)vh e,Xtt4eim42 v fr?»Berfec) or clirefe+ee(kreq.4 .d Ieif,fei C.,rbukis Oe birch 4 4 ni m A.L5i 1 )5' h 101 rAvrds 4 S-korr445 eat€$; beb.ei J 77 -1,4e - u r^ror.(vr 41';'1 it)1L+e r s , cl air) 6-1e * ✓ 1 i h Ogre -4 o i-rers f cast, Lvha wpIl be enft9t-arnei rthc ' ►et SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1023 Property Owner ID; 6 Signature eto 761 ay Case 'o. 0717-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 6 884700010040 RUGELEY FRANCES H 3229 NASSAU DR Corpus Christi, TX 78418 .P:N.: U.S. POSTAGE » PITNEY BOWES �+.+�, (14,14,=7,..-- & r Ideir IV fr ZIP 78412 $ 000.460 02 4VY 0000340617JUL 28 2017 G-2 }I lir�li�l .1ririjril1l111pilikiiiii}1 ee� CASE: 0717-03 UBJECT PROPERTY WITH ZONING Subject Property SUBJECT PROPERTY RS -6 R11.1 1Wuhm,ti 1 R14-1 Mumh..ey a R213 3wml.ml.e Ga Pres.**wd. 0131. RM At IIN1P.m.y At CRRale,O.mo.dC.nll.e.clal ch./ R.gneameed Cemm3re11 CR -1 R.$lrt Can.3Nc41 CRs Roo vol Canme.t3I CG 1 Garr1al Canm*rc13I C04 Wnan1ComR.e.14/ u I.I.NM CMwIMa3I can m.o.. cer.r.c111 CR3 lifted 1 3llrUlI FR NRn Nva* N N,Nerle Credal, S P Rualnsas !Irk 11. L1yRe Ine.NlMI 14 144417 IM -MN P113 Manny! URA O.+. Orariae RE-i...npa F.m41y W Rs. Slne,►F.mdy. RS -4 R.gIMamlly a ■ RSVP T.,.Jan1ly RS 11 1.yM-F.muy 1{ R[ 3.313. 311311E RS TN Tow3Reu.. SP Sp.NalP..mil RV R4coIo..1 3.134. Am RMN 143.u1.13R.d Nan. J - [LOCATION -MAP a.r cr.N.a. Tq. p..parW er: OV.lrenanla o..al.p..a. SUBJECT ErPROPERTY Cita 111 Corpus Cilrlsli Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, true tienen la intention de asistir a esta junta v Que recuieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta Ilamando al departamento de servicios de desarrollo, al nCimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su innles es limitado. favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: /1 /elk') C cfr &4A/12A 6"/.Z% hil) Address: 3 217 <A,A 1( D' . City/State: eC �x ( ) IN FAVOR (),d IN OPPOSITION Phone: 30- 75Z- /66' y REASON: V ??ekS 26 0u/,eL J6017 c5 47- vS Zb /t!O T` Th 4' /Axt:3- /D(96 I)4,0.IJ1.6/ 0 577(0704/S, -1FAS erzig4L t ��'' 502c1/45, SEE MAP ON REVERSE S1DE 1NFOR Case No.:17ZN1023 Property Owner ID: 11 Signature Case No. 0717-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com J City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 11 884700010070 GIDEON MARDE C & SANDRA C 3217 Nassau Dr Corpus Christi, TX 78418 V 1.1 S. POSTAGE?> RRI NEY BOWES 14'.6. r 4. ZaWirriirmisin 0 ZIP 764122 $ 000.46° J 02 4YY 0000340617JUL 28 2017 ljJJf'jnt'jit11illti� „'Jl1'r 1i1 �J1!''IJt SUBJECT PROPERTY RS -6 Dale Crapw 7/M^'" P epane Daparinraa l el Desoto ene CASE: 0717-03 SUBJECT PROPERTY WITH ZONING Subject Properly RM 1 Iaumlmlry RM.2 MuttMamly 7 5553 1450214511, DM hNnafalal ORR. RM AT 11I1144m5y At CM 1 Ma15116n1RAa1 CemammMI CRI 144115ee01ee4 CemmMCW CR.1 Rnal Commercial u.2 Reaa/ Car mercM! CO.1 Omani Commlr1141 CO -2 CrnrnlCann.,dal CI Inlmaha Camrurtlal coo flO Hawn Canmarclal CM 1 Raaerl CanmarSW FR 1251 Mrs! 11 5 50 4e Orarlay 5P 551/1450 Plea R. Uy1I mee1/rl45 NI Hwy Irldileblal PIM) mammt Una 0.7. OrMIy R5•20 51*EI4-24md5 IC RS 1 SMpa•FamIy S RS 4 5 54,5144.4mly ■ E RS.IF Tre-Famrly 125 15 55.Ie.745412 11 RE Raa*Mmal ENE. RS iH Townbmwer 524 Spatial P.•mM Ry Ihnealonal W5504+0505 ROH Mandac4r4.4 Man. LOCATION MAP! SUBJECT Er. PROPERTY 1 CIi+ lir Corpus Christ! • Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de is junta Ilamando al departamento de servicios de desarrollo, al Humero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si Listed desea diripirse a la commission durante la junta y su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al nOrnero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9. 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by—a- member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: J,e?"1 /371.41/e/-5 Der gra , ,J, n Address: L�rX15- A/a5 CLC- d )/' City/State: 67/71..(5CE7/4 7-5( ( ) IN FAVOR VIN OPPOSITION Phone: t3,/ of /Jr REASO . & eZ , e61. ye- 6-kgf 6,u iorope,,, vJ ' / o? /S 6 705 E/evQ1orJ L, /o&h¢r prepe - mss. dr- 4 c (4 �sew pedes- eil4 4iz adre �r Ce• 1) 4) ifs tie‘ C-)1.)✓� rchmfE'/1S/ a &Ludt ON /m1 /J/ „mat/ /eh, on/� rf SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1023 Property Owner ID. 13 Signature Case No. 0717 - Project Manager: Andrew Dimas Email: andrewd2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 884700010100 WINTERS PAUL S AND DEBORAH J WINTERS WFE 3205 NASSAU DR Corpus Christi, TX 78418 W3.POSTAGE>> PITNEY BOWES +mss 022 P 478412ri $ 000.460 0 0000340617JUL 28 2017 G• tilppil Iltrfl�l�1�ll� tf1 SUBJECT PROPERTY RS -6 dor errand 791? Pr'nMro By J. Dpwrm.M WDo.Rpma aS< CASE: 0717-03 SUBJECT PROPERTY WITH ZONING 171 Subject Property Rut uuXIIMNy 1 RMS MumlunW RM l M,l0KY.dy i Ok PlWa1•Imyl OFT.. RM AT MutXUmrly AT CN' N.IlFb0llroud Cmu..1Nl CX.7 TN1pMeflroedCem0N0M1 CR.1 Now Comd.fcial CRS CGI C6.2 CI CPO CR1 rR N S P Real Cmmn0011 U0wl Commercial General Com erd.l Iman.MCaam..LW pewlmrn Commercial Rearm Camm.rcW Pam Hovel Nwaic Over., Rut roma Out tL L101N Industrie M Nn yIrahwIl.I PUO Plamml Uro+ Oar. O.erm, RS -11 SIn3IN..f:l, 10 RS 0 1lfl smile RS -SS ImpN-Punly 04 R3•IT T.o.$.n.10 R3 IS 30 -r.m0y IS RE RPP MOW 3111p RS TN Tbr..me. >P 3 irmial mrM 011 R.tl..I100.l Wash PMT RUN Mamd1Lnd Home c.rnoc'a FLOCATION 8d F SUBJECT ErPROPERTY Y a C°l� iI Corm Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencion de asistir a esta junta v clue recluieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta liamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante Ia junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de Ia iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: K r+ s rt a w's Address: k ' Cerjae c'.-, (4 FAVOR ( ) IN OPPOSITION REASON: aWT vL✓y e.31 -c1'1-631/4 kD M-lcX SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1023 Property Owner ID: 16 City/State:DE INF C n { 1 c-- }� Phone: 5'I Z Z - (o v Ir a J� 4Agli,ers;), Signature Case No. 0717-03 Project Manager Andrew Dimas Email andrewd2@cctexas.com City of Corpus Christi Development Services Dept. Q.O. Box 9277 Corpus Christi, Texas 78469 16 884700010230 BL MARINA PROPERTIES LP 5716 HWY 290 W STE 200 Austin, TX 78735 U.S. POSTAGE» PITNEY BOWES ZIP 78412 $ 000.46° 02 4V 0000340617JUL 28 2017 CASE: 0717-03 SUBJECT PROPERTY WITH ZONING ® Subject Property RM 1 WCtrrnll, 1 II114 MulVaml173 RM 3 YURllamlh 7 pµ P11411144e/ ORM. RM AT M.t41.mey AT CM ' 11491Ea10aewl Co nnxoal 1Nlebe.ne0d C.mmlrelel CR.' Rest Cow. erslal CR4 CG v04 CI CRC CRS MR E P Rnln Camlrr<a1 Oen-lel Commercial' General Cann,., 111 ~Ors Canm.rVtM Cernlerlr ComnarrAal Rnen Ccmm.RW Fetor NMI 11.001C 0144111.1, llorghtess Pert IL LgMlneuallrl N 11 Try 1,1111414441 PUO PlarrA40 U It 10... 01414117 R3 11 Sipla.ipe:lr 10 RS1 Sltgl►F.mlrr/ RSL! SnilF.-1I,.1 R3.17 T F.nly R3 /1 111%010 -Family 11 RE 111414144141 E.414 RS 114 t.wn.eul. SP 394[41 P.r11111 MV Rrttw114 .1)Anwm Pert RMM MMRllinneri Mane SUBJECT PROPERTY RS -6 area°r C 9V.414 // l a / a 419 !LOCATION MAP' Doe C..u.e 717 mar D•01,1 r 4 W a...rg meal SUBJECT ErPROPERTY C .= C'it411 Corpus CI risli Printed Name: \Mile e_ � L' #24 -- Address: ,pq 3 24-- Address:,/y3 ( ) IN FAVOR )<41.1N OPPOSITION City/State: (7t_hiA.T( Phone: tj" 717q MI REASON: // J 4o r .0-FAcr&Z. ` j /t.E S,,T 'z( st4g,1,27`s?-0,,) c Ro m Tsi ) ��2)jr v��� ,Ti�-'on S !t� .4444106-e- »�Ld CL(Jtd74 Cry , �� igot+ Signature S E MAP ON REVERSE SIDE Case ' o. 717-03 INFOR Case No.: 17ZN1023 Project Manager Andrew Dimas Property Owner ID: 19 Email: andrewd2@cctexas_com CASE: 0717-03 SUBJECT PROPERTY WITH ZONING ®Subject Property RNA Wttami r 1 RW M.MhrM/I 11.1 Bulelooll(1 pr Prereea.0 Oma. Rd AT ah.Bla.nlly►T CR 1 Mmphberkeed r•nmgrJai Cr.i M,IprWmMed Ce'�Illmrlal CR.1 RMwICMrl.rtM1 CR4 RABAT CePtewt In CG Oen0ar CenRrra.TUl COB edema Cab eseW CI Merrbe CeRr eoslal LBO OBRIBAIrn Csrnerelel CR -3 Amen Ceerrarelal RR farm Rura R MAMBA MAN, 1P BuMM„ Puh B. WI Mdegnel N Rawl lneuaela POO PROM' Yet Oee. BMW RR -ti swam -n..10 n RSI Btr.pl►Fam Bep APRS BBile-PamR/ 1 B RS•TF Treiaml, O H Baeje-P. war N RE Raa0CerRRA 1,0101 R&M 13rehelr1 00 "{pedal A.rnt Ry IMofehY.elwert1PYY 011111 Ma elacrured Rage Are pr.e+ 1 A et !t-OCAT7ON MAA SUBJECT PROPERTY 1 foel Jo 4- :.,F� ,,.a..42--1-c-�.-�- - fie, �r ✓et -(,t44 -a Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta iunta v que requieren servicios esoeciales, se les suolica que den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting- Si usted desea dirigirse a la commission durante la junta v su ingles es limitado, favor de (lamer al departamento de servicios de desarrollo al niimero (361) 826-3240 al menos 48 horns antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: cASL0141vN `* S YAGJai' Address: ASS CAA., "De . ( ) IN FAVOR City/State: - �� (r4IN OPPOSITION Phone: '6(s 1- T14 -1 4-`6 REASON: 'tekta abou_'s tAk ru_0.4.LeR:Anr, t_t �c n o,..a.9 .-q?CLc-4 o-..�rL.q . tironuvJ-. o.t_ r1-e.D_ LQ ..) • C t- AL.3 -..,, r:.AL_\� 01) ti c4Q aqui&b%`tLA a,-.0 4- urtv..,.a.a7, ,.1/4_1.4 A Signature SEE MAP ON REVERSE SIDE Case No. 0717-03 INFOR Case No.: 17ZN1023 Project Manager: Andrew Dimas Property Owner ID: 33 Email: andrewd2@c.ctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 33 884700010020 GOHLKE STEPHEN & SHANNA P 3237 Nassau Dr Corpus Christi, TX 78418 U.S. POSTAGE»> PITNEY BOWES ZIP 78412 $ 000.460 02 411 0000340617JUL 28 2017 SUBJECT PROPERTY RS -6 Daft CruPP3 r:! preptrte By Dp/RmIM b D...bpm.nl CASE: 0717-03 SUBJECT PROPERTY WITH ZONING Subject Property MM F M41h1.r Iy I RII-3 llsIWamly 3 RMI 3 MaReamR/ 3 OM Preltaeli.: ORW RM AT Mulblam4T At LM I Smishb.rr-.e Common's! CM3 Norberb.ee COInmMLbl CR, ResortCeeen.rtbl CR3 15.0.4 Cemm.rerI CC 1 Oeneral Cemmettlal CO3 Geral Comm -41•1 G lnleeaM+ Cemmerebl CRO 10000.05,10.00,0.0151 CR 3 Rrerl Ceminertbl TR Farm 114s41 ▪ M.l.r4 Marks ■P 10.11.10 Pel. IL L*t1.41011.41 11 Mry lnnrm.l PDD PMrm.a Owl D... Overlay 111-11 !FgI.J.^., 13 RS. atrpl►4.m1101 Rs-.! SMpl.famlly ! 11 13.3.10 Tref.mlt RS 11 S4PIe.Pamly 1! RE MI0.Mbl law.e Rs FM Teranhousa SR kWh. Pori*M IN Iftva.b0 .1114.01 Pili RUN tlanalacwbe Mas. 'LOCATION MAP SUBJECT PROPERTY 1 1 I E. City f Ia COIIRIS Christi (Per 5n05 with disabilities planning to attend this meeting, who may require special services, are requested to contact 1 the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, 1 1-e Henan la intencion de asistir a este junta v que reauieren servicios especiales, se les suplica nue den aviso 48 floras mites de la iunta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a Ia commission durante la iunta v su irides es limitado, favor de (lamer al detaarttamento de servicios de desarrollo al numero (361) 826-3240 al rnenos 48 horas antes de Ia junta pare solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: —/iema Address: 3113 City/State(yf us G R/ /, l l _ 2111 ( ) IN FAVOR IN OPPOSITION Phone: 317 9)3 7 - g7 g0 REASON: fFk•Gf pRop E I741 r4,/ti Are- .4— 115' f 6,20' /Ai .4-' ei,L7 Signature SEE MAP ON REVERSE SIDE 1NFOR Case No.: 17ZN1023 Property Owner ID: 35 .e $e 'TOR G6-2 C7/7-63 Case No. 0717-03 Project Manager: Andrew Dimas Email andrewd2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 (11, ?fi,p,I 319( c{ 1,10 35 684700010200 YEARY ARLENE G 3113 NASSAU Corpus Christi, TX 78418 / PITNEY BOWES it -ommwMe..111111W 78412 $ 000.46° 02 4 000034 0 151-7` - i1i�l��iiill�ijilfili��lulllii'MIMI dOQ _ raderximo FVC SUBJECT PROPERTY R S • 6 Claw Cr..__ 7;7110 Prspred dy: Ju Depaelmorrl or D.eeropmerl' CASE: 0717-03 SUBJECT PROPERTY WITH ZONING Subje0 Property AM I Wmlmnlly t RM.7 Mumlrnlly 11111 Me1MNmlly ON Proiellanal Orfs. !MAT Malll1amay AI CN 1 NNpManmd Cummer Sal C11,7 NaphoarnIOd CalnmeraW CR 1 anoint Commucld CR.} Rnorl Cornm.rcrt CG. I 13401411Gammoryl.11 CG.2 General Cunm.rdal CI Inr.nah. Cprnrn.ml.l CRD Downtown Commercial CR 3 RNef Cenm.rel.I Ill Perm Moral 11 NMlarla O144.y 1P 1 uWru 01,1 IL L1mN Inw.In.1 N Remy lldrOlal ACID 14wn..Unl: D.y. Overly R7 HP 1+914-4.mrly 10 R11 1lnpl►rrrrIly 4 R711 1mpk7.+lly 11 41.11 Tye -randy Rd 11 11 04,are11, 11 RE 4141441141.Mm RS TN TOw1R.Y14 SP Special Permit IN R.v..Mrul Drivels Par. RMN M.mrlecfrred Neny i Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intencibn de asistir a este junta v aue reauleren servicios especiales, se les suolica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. SI usted desea diriairse a la commission durante la junta v su males es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la Junta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant conceming an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: v r Address: 3/3'/ .7)a ssi.L , ( )--IN--FAV>4 IN OPPOSITION REASON: ?hof oh � Gfl42.,4 411..61 / fie 5 14 0. ).)t -AA C --1d 1' 4 0 T3e w•I W s a oilg7,0 .11-1"-"'-‘41(*ayt4,ng1'Aars4/„yrs do cow( W�3/4-it_e UQ�cnsrsa 00.4 �o�1t�-a Q pee SEE MA ON REVERSE SE SIDE INFOR Case No.: 17ZN1023 Property Owner ID: 22 City/State a - x t 6! 4S Phone:.3l 1-937-6292 ���18 , s A l lkr )7a gut. togiL wcis bitiN cc/6z bZ o T1s k Sol /.4 1ef/ IVO 1/ s'k`Tv 0 u -A, $a 11-94_go n ' (-gy 14.n �t y- Se �) to h i � � � t s 0 0, h ,E,a Signature Case No. 0717-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Pef3OrtS = ' es , arming k atter+a? t'has rte: - r ►may recti ^e s i services, es, are requested to contact the ie : — - ' Services De-: — = _ = St 4 - _ _ advance at (361) 826-3240. Fermis cora incanaaidades, tie Wren .a a air a - a .?-anlorasen eseeca" s trsst i+r� ®u ,rlen_ s antes ce 3 _ a—andoa' ,"..4.^.C'- ;. ?-a- ze -. -' - y�' .-4 . w, 31 ru ero(361) 826-321O s- the Commission s y =`. (361)826-3240 a*, S _ ea &ry ase a 'a - - arne7 _ __ se-, : s de anterarete _ _ e _ _ z _--.3 English ted, please call the Development des_ an inte aeter be present dunng the .� 3 --a sv kRes es h_mitado. favor de hamar al 3611 82E-3240 ai mer. S :.3 horn antes de la tunta Daja SOlicitar CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 . L. Marina Properties. LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Mao. 7'e property to be rezoned is described as 00 1 Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Cci:': approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street_ You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. ©. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD_ NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in parson, by telephone call or by letter. Printed Name: t t Address- >` "' 1 City/State' L fes' . } IN FAVOR W IN OPPOSITION Ppgne: REASON: G -0;r? ,Sr /f:),; 40 „) { C.L. e 5A r SEE MAP ON REVERSE SIDE INFOR Case No ° 17ZN1023 Property Owner It]' 22 ( Signature e Case No 0717.03 Project Manager' Andrew Domes Ernail: andrewd2acctexes com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (381) 826-3240. Personas con incapacidades, que tienen la intention de asistir a este iunta y que requieren servicios especiales, se les suolica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al niimero (361) 826-3240. if you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante le junta v su incites es limitado, favor de flamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0717-03 B. L. Marina Properties, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the "CG -2" General Commercial District to the "RV" Recreational Vehicle Park District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Being a 7.95 acres out of Lots 22 and 23, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, located east of Laguna Shores Road, on the south side of Caribbean Drive at the Laguna Madre. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 9, 20171 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: ,fe D 77 Pj e ' '1' Address: ' g p cx efu () IN FAVOR (r IN OPPOSITION REASON: P h G 145 e��,f I. psi U if/< SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1023 Property Owner ID: 22 CitylState: C' p f J Phone: 3 ' ArPce Signal re Case No. 0717-03 Project Manager: Andrew Dimas Email: andrewd2©cctexas.com These sites are built of dredge spoil, dating from the original development of Tropic Isles subdivision. At that time the developers reached an agreement with officials of the state - either with what is now TCEQ and/or the GLO - that it would remain undeveloped. This was in exchange for the permits to build the rest of the subdivision on fill/spoil; also common use structures such as the boat ramp, and a structure on the end of the spit that was for community use described as a "party house". This structure burned down years ago. Even without this agreement, there are restrictions on building on spoil in the Laguna Madre. Roy L. Tiemeyer DDS AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 17, 2017 Second Reading Ordinance Item for the City Council Meeting of October 24, 2017 DATE: 09/26/2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BiIIG©cctexas.com (361) 826-3276 Ordinance authorizing the City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US, Inc. located at 299 Gilliam Street. CAPTION: Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main subject to the Permittee' compliance with specified conditions. PURPOSE: Flowserve Corp. / Flowserve US Inc. has a facility located at the intersection of Bark Street and Gilliam Street. Currently, the wastewater generated at the facility is collected and disposed of through the use of onsite septic systems. Flowserve no longer desires to own and operate the onsite disposal system and would like to discharge the wastewater to the City's collection system. BACKGROUND AND FINDINGS: Flowserve Corp. / Flowserve US Inc. has a facility located at the intersection of Bark Street and Gilliam Street. Currently, the wastewater generated at the facility is collected and disposed of through the use of onsite septic systems. Flowserve no longer desires to own and operate the onsite disposal system and would like to discharge the wastewater to the City's collection system. The proposed system will collect wastewater flow from the buildings, convey it to an onsite private lift station and the private lift station will discharge the wastewater to the City's collection system. The proposed gravity collection system and the lift station will be located on private property. The private force main will be on Bark Street and North Clarkwood Road Right of Way. The force main will be operated and maintained privately. ALTERNATIVES: Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49-61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT: ❑ Operating 0 Revenue ❑ Capital ❑ Not Applicable ❑Other Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $1,989.00 $1,989.00 BALANCE $1,989.00 $1,989.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $1,989.00. b. The Permittee' use of the private wastewater sewer main is strictly limited to serving the Permittee' facilities on Gilliam Street. Permittee may not provide wastewater service through the wastewater sewer main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance with Exhibits Presentation Form 1295 Ordinance authorizing City Manager or designee to execute a Use Privilege Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") to install a private wastewater collection system and conveyance system force main. Subject to the Permittee' compliance with specified conditions. WHEREAS, Flowserve Corp. / Flowserve US, Inc. ("Permittee"), desires to install, operate, maintain, and remove a private wastewater collection system and conveyance system force main ("Wastewater Line") located at the intersection of Bark Street and Gilliam Street; WHEREAS, the Permittee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Permittee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee' compliance with the specified provisions of the Use Privilege Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a one-year term Use Privilege Agreement ("Agreement"). At the end of the initial term, this Agreement with Flowserve Corp. / Flowserve US Inc. ("Permittee") renews automatically, to allow the Permittee to install, operate, maintain, and remove a private wastewater sanitary sewer main ("Wastewater Line") located at the intersection of Bark Street and Gilliam Street, such Agreement at all times subject to the Permittee' compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittees' compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: a. In exchange for the City's authorization for use of the public right-of-way by the Permittee for the stated purpose, the Permittee agrees to provide the City with a one-time Use Privilege Agreement fee of $1,989.00. b. The Permittee' use of the wastewater sanitary sewer main is strictly limited to serving the Permittee's Flowserve Corp. / Flowserve US Inc. facilities. Permittee may not provide wastewater service through the wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the eight -inch wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. c. All costs incurred to install, operate, maintain, repair, and remove the wastewater Page 1 of 2 sewer main are the sole responsibility of the Permittee. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the ATTEST: day of ,2017. Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 USE PRIVILEGE AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Use Privilege Agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and Flowserve Corp. / Flowserve US, Inc. ("Permittee"), a Delaware corporation and property owner of 299 Gilliam Street, Corpus Christi, Texas, whose business address is 5215 N. O'Connor Boulevard, Suite 2300, Irving Texas, 75039. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a one-time payment of One thousand nine hundred eighty nine dollars ($1,989.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove a wastewater force main line. The force main will be installed under the box culverts on North Clarkwood Road. A gate valve and air release valve will be installed at each end of the horizontal directional drilling segment. The lift station will be 6 -foot diameter. The total depth of which will be approximately 11 feet. The lift station will be located at the northwest corner of Gilliam and Bark Street in front of Flowserve's fabrication shop. The gravity sewer consists of four (4) 4 -inch building sewers, cleanouts and commercial sewer tap, one for each of the existing onsite buildings. These sewers will be connected to the existing cleanouts and will convey the wastewater from each building to the 6 -inch sewer located on Flowserve's property adjacent to Gilliam Drive. The 6 -inch sewer is placed at the minimum grade to convey the wastewater to the new lift station as shown in Exhibits "A" (Metes and Bounds Field Notes) and "B" (Metes and Bounds Sketch) and "C" (Location Map). Exhibits "A", "B" and "C" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entirety. The area in which the use privilege is granted for the location of the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager or designee. In the event of a revocation by the City Manager or designee, or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically unless the Permittee or the City provides written notice of intent not to renew to the non -terminating party at least 60 days before the end of any annual term. C. This Agreement may not be assigned by Permittee without the City Manager's or designee's prior written consent. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "D," the substantive content of Exhibit "D" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's or designee's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "D." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800- 669-8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verify its depth or location. I. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Permittee shall pay for removing or relocating the private wastewater line in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager or designee, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager or designee. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Wastewater Line is not owned by the City. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man-made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. 0. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing service to the Flowserve Corp. / Flowserve US, Inc., facilities located at 299 Gilliam Street, Corpus Christi, Texas, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. The Permittee' use of the wastewater sanitary sewer main is strictly limited to serving the Permittee's Flowserve Corp. / Flowserve US, Inc. facilities. Permittee may not provide wastewater service through the wastewater sanitary sewer main to any facilities other than the facilities specified in this section, nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the wastewater sanitary sewer main to any facility whether owned by the Permittee or by another person or entity. All costs incurred to install, operate, maintain, repair, and remove the wastewater sewer main are the sole responsibility of the Permittee. S. INDEMNIFICATION. Intentionally left blank. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: Flowserve Corp. / Flowserve US, Inc. 5215 North O'Connor Blvd. Suite 2300 Irving, TX 75039 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "E." Completed versions of Exhibit "E" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y. Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. EXECUTED IN DUPLICATE this day of , 20 Flowserve Corp. / Flowserve US Inc. a Delaware corporation Name (print and sign) and Title Date ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2017, by , (Title) Flowserve Corp. / Flowserve US. Inc., on behalf of corporation. Notary Public's Signature ATTEST: CITY OF CORPUS CHRISTI City Secretary By: William J. Green, P.E. Interim Director, Development Services Department Approved as to legal form: , 2017 Buck Brice Assistant City Attorney For the City Attorney STATE OF TEXAS COUNTY OF NUECES § § § This instrument was acknowledged before me on , 2017, by William J. Green, P.E., as Interim Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public's Signature URBAN ENGINEERING 2 Exhibit A 0.183 Acre Private Sanitary Sewer Easement STATE OF TEXAS COUNTY OF NUECES Job No. 43057.B602 DATE: October 27, 2016 REVISED: March 20, 2017 Fieldnotes, for a 0.183 Acre Easement, over and across Bark Street, a 60 Foot Wide public roadway, Wingo Street, a 60 Foot Wide public roadway, North Clarkwood Road (formerly known as Southern Minerals Road), a 60 Foot Wide public roadway, and a 31 Foot Wide Railroad Easement, all as shown on the Plat of Clarkwood Tract Subdivision, a map of which is recorded in Volume 19, Pages 96-97, of the Map Records of Nueces County, Texas; the said 0.183 Acre Easement being more fully described as follows: Beginning, at a Drill Hole Found, on the North line of the said Bark Street and this Easement, the East line of a 31 Foot Wide Railroad Easement, being the Southwest corner of Lot 10, Block 3, of the said Clarkwood Tract Subdivision, from Whence, a 5/8 Iron Rod Found, for the Northwest corner of Lot 9, of the said Block 3, bears North 00°45'22" West, 460.00; Thence, North 89°14'38" East, with the South line of the said Lot 10, and the said North Right -of -Way, 15.00 Feet, to the East corner of this Easement, from Whence, a 5/8 Inch Iron Rod Found, for a Southeast comer and Point of Curvature of the said Lot 10, bears North 89°14'3 8" East, 212.81 Feet; Thence, over and across the said Bark Street, the said Wingo Street, the said North Clarkwood Road, with the boundary of this Tract as follows: • South 44°14'38" West, 14.14 Feet; • South 89°14'38" West, 263.81 Feet, to the beginning of a circular curve to the Right, having an arc length of 44.04 Feet, a radius of 40.00 Feet, and a chord which bears North 59'12'55" West, 41.85 Feet; • With the said circular curve to the Right, 44.04 Feet; • South 89°14'38" West, 61.79 Feet; • South 49°50'54" West, 3.28 Feet; • South 00°45'22" East, 364.59 Feet; • South 50°15'38" West, 10.50 Feet; • South 89°14'38" West, 41.85 Feet, to the West Right -of -Way of the said North Clarkwood Road, being the Northeast corner of Lot 1, Block 2, Isensee Subdivsion Unit 2, a map of which is recorded in Volume 52, Page 14, of the said Map Records, the Southeast corner of a Utility Easement described in Document Number 884704, of the Official Public Records of Nueces County, Texas, for the Southwest corner of this Tract; S:1Surveying1430571B60210FFICE\METES AND BOIJNDSIFN_43057B602.docx Page 1 of l (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, North 00°45'22" West, with the West Right -of -Way of the said North Clarkwood Road and the East line of the said Utility Easement, 10.00 Feet, to the Northeast corner of the said Utility Easement, for a corner of this Tract; Thence, over and across the said North Clarkwood Road and Wingo Street, with the boundary of this Tract as follows: • North 89°14'38" East, 38.31 Feet; • North 50°15'38" East, 2.19 Feet; • North 00°45'22" West, 364.55 Feet; • North 49°50'54" East, 11.59 Feet; • North 89'14'38" East, 72.15 Feet, to the Southwest line, of the said circular curve to the Left, having an arc length of 38.91 Feet, a radius bears South 53°35'49" East, 36.24 Feet; Thence, with the said circular curve to the Left and the said Lot 1, 38.91 Feet, Lot 1; Thence, North 89°14'38" East, with the South line of the said Lot 1, 258.81 containing 0.183 Acres (7,956 SgFt} of Land, more or less. Block 3, and the beginning of a of 30.00 Feet, and a chord which to a Southwest corner of the said Feet, to the Point of Beginning, Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying setch of tract described herein. S:1Sun+eying\430571B6421OFFICEIMETES AND BOUNDS/FN 43057B602.doex (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 James D. Carr, R.P.L.S. License No. 6458 Page 2 of 2 FAX (361)854-6001 (46-96 'fid X61 '1°A - MOH ,09) 19911S unTRITe • g ; l? w =o I,J 460.00' is. 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ThIs Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh Is prohibited. "Authorized viewer" shall mean an entity or person which Is authorized by the insured named herein to access this Memorandum via https://online.marsh.com/marshconnectpublic/marsh2/public/moi?client=3535878. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER Marsh USA Inc. ("Marsh") COMPANIES AFFORDING COVERAGE co A Travelers Indemnity Of Connecticut INSURED FLOWSERVE CORPORATION / FLOWSERVE US INC. 5215 N O'Connor Blvd. Suite 2300, Irving Texas 75039 United States Co.B Travelers Property & Casualty Co. of America cocThe Travelers Indemnity Company CoD co E Co P COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS LIMITS IN USD UNLESS OTHERWISE INDICATED A GENERAL LIABILITY HC2E GLSA 9353B949 01 -JAN -2017 01 -JAN -2018 GENERAL AGGREGATE USD 4,000,000 PRODUCTS-COMP/OP AGG USD 4,000,000 PERSONAL AND ADV INJURY USD 2,000,000 EACHOCCURRENCE USD 2,000,000 FIRE DAMAGE (ANY ONE FIRE) USD 1,000,000 MED EXP (ANY ONE PERSON) USD 10,000 B AUTOMOBILE LIABILITY TC2J-CAP- 164T5661 -TIL- 17 01 -JAN -2017 01-3AN-2018 4 COMBINED SINGLE LIMIT USD 2,000,000 BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE ` EXCESS LIABILITY EACH OCCURENCE AGGREGATE GARAGE LIABILITY AUTO ONLY (PER ACCIDENT) OTHER THAN AUTO ONLY EACH ACCIDENT MEMORANDUM OF INSURANCE DATE 20 -Dec -2016 This Memorandum is Issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the Insured named herein to access this Memorandum via https://online.marsh.com/marshconnectpublic/marsh2/public/moi?client=3535878. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER Marsh USA Inc. ("Marsh") INSURED FLOWSERVE CORPORATION / FLOWSERVE US INC. 5215 N O'Connor Blvd. Suite 2300, Irving Texas 75039 United States ADDITIONAL INFORMATION THE FOLLOWING APPLIES TO THE COMMERCIAL GENERAL LIABILITY POLICY# HC2E GLSA 9353B949. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS W11O IS AN INSURED (SECTION 11) IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S), AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WITI1 RESPECT TO LIABILITY FOR "BODILY INJURY" OR "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF TH1S ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE AGGREGATE I B C WORKERS COMPENSATION 1 EMPLOYERS LIABILITY THE PROPRIETOR PARTNERS / EXECUTIVE OFFICERS ARE Included TC2JUB- 224T101-3-17 TRKUB- 1477711-A-17 01 -JAN -2017 Q1 -JAN -2017 0I -JAN -2018 01 -JAN -2018 WORKERS COMP LIMTS Statutory EL EACII ACCIDENT USD 2,000,000 EL DISEASE -POLICY LIMIT USD 2,000,000 EL DISEASE • EACII EMPLOYEE USD 2,000,000 B EXCESS WORKERS COMP / EMPLOYERS LIABILITY TWXJ-UB- 256T007-3-17 (OH) 01 -JAN -2017 01 -JAN -2018 ELDISEASE•EACII EMPLOYEE -ELEACn ACCIDENT USD $500,000 - USD $500,000 RETAINED limns USD S500,000 The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications here to are not authorized. MEMORANDUM OF INSURANCE DATE 20 -Dec -2016 This Memorandum is Issued as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of this Memorandum. This Memorandum does not amend, extend or alter the coverage described below. This Memorandum may only be copied, printed and distributed within an authorized viewer and may only be used and viewed by an authorized viewer for its internal use. Any other use, duplication or distribution of this Memorandum without the consent of Marsh is prohibited. "Authorized viewer" shall mean an entity or person which is authorized by the Insured named herein to access this Memorandum via https://online.marsh.com/marshconnectpublic/marsh2/public/moi?client=3535878. The information contained herein is as of the date referred to above. Marsh shall be under no obligation to update such information. PRODUCER Marsh USA Inc. ("Marsh") INSURED FLOWSERVE CORPORATION / FLOWSERVE US INC. 5215 N O'Connor Blvd. Suite 2300, Irving Texas 75039 United States ADDITIONAL INFORMATION THE FOLLOWING APPLIES TO THE COMMERCIAL GENERAL LIABILITY POLICY# HC2E GLSA 9353B949. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS W11O IS AN INSURED (SECTION 11) IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S), AS REQUIRED BY WRITTEN CONTRACT, BUT ONLY WITI1 RESPECT TO LIABILITY FOR "BODILY INJURY" OR "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF TH1S ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS -COMPLETED OPERATIONS HAZARD". ADDITIONAL INSURED STATUS UNDER 'HIE AUTOMOBILE LIABILITY POLICY#'S TC2J-CAP- 164T566-1-TIL-17. WHO IS AN INSURED IS AMENDED TO INCLUDE ANY PERSON OR ORGANIZATION WHO IS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND THAT PERSON OR ORGANIZATION, THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD, TO BE NAMED AS AN ADDITIONAL INSURED IS AN "INSURED" FOR LIABILITY COVERAGE, BUT ONLY FOR DAMAGES TO WHICH THIS INSURANCE APPLIES AND ONLY TO THE EXTENT THAT PERSON OR ORGANIZATION QUALIFIES AS AN "INSURED" UNDER THE WHO IS AN INSURED PROVISION CONTAINED IN SECTION 11. WAIVER OF SUBROGATION UNDER THE GENERAL LIABILITY POLICY# I IC2E GLSA 9353B949. THE INSURANCE COMPANY (WE) WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST ANY PERSON OR ORGANIZATION BECAUSE OF PAYMENTS WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF YOUR ONGOING OPERATIONS OR "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION AND INCLUDED IN THE "PRODUCTS -COMPLETED OPERATIONS HAZARD". WAIVER OF SUBROGATION UNDER THE AUTOMOBILE POLICY TC2J-CAP-164T5661-TIL-I 7 THE INSURANCE COMPANY (WE) WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED OF YOU BY A WRITTEN CONTRACT EXECUTED PRIOR TO ANY "ACCIDENT", PROVIDED THAT THE "ACCIDENT" ARISES OUT OF OPERATIONS CONTEMPLATED BY SUCH CONTRACT. THE WAIVER APPLIES ONLY TO THE PERSON OR ORGANIZATION DESIGNATED IN SUCH CONTRACT. WAIVER OF SUBROGATION UNDER THE WORKERS' COMPENSATION POLICY#'S TRKUB-197T711- A-17 (AZ,MA & WI), TC2JUB-224TI01-3-17 (AOS) & TWXJ-UB-256T007-3-17(O11). THE INSURANCE COMPANY (WE) HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. (THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.) THIS AGREEMENT SHALL NOT OPERATE DIRECTLY OR INDIRECTLY TO BENEFIT ANY ONE NOT DESIGNATED IN SUCI-I A WRITTEN CONTRACT. The Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized. Use Privilege Agreement for Flowserve Corp. / Flowserve US Inc. City Council Presentation October 17, 2017 Aerial Overview Vicinity Map Background • Currently Flowserve Corp. has a onsite septic system on the property that requires upgrades. • Flowserve Corp. would like to discharge the wastewater to the City's collection system via a private lift station on their property and a private force main in City's right-of-way to be maintained privately. • The agreement will allow Flowserve Corp. to install and maintain the force main in City's right-of-way. Staff Recommendations Staff recommends: • Approve Use Privilege Agreement with the conditions listed in Ordinance. Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-219162 Date Filed: 06/06/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Flowserve Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 17UP1000 Street use license for Flowserve Corporation 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT `, 41/1/11/11, `‘‘e, pAWN eat [swear, or affirm, under penalty of per ry, that the above disclosure is true and correct. IPP r* ��7�! ibk*+ Signa re of authorized agent of contracting business entity AFFIX NO}�Y Fftf��g�•CI,Ekb�l/E iljSworn to and subscribes-biiiet! e me, by the said J(Api1CS ?V1'1% j9 j , this the 2Ui� day of �)u( )'t e, , 20 \ 1 , to certify which, witness my hand and seal of office. t (,{,1`x{'1 Q aC I46 r 22 l �11111 A111IP G +h e4,- Signature of offic- . iministering oath Printed name of officer administering oath Title of o cer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 17, 2017 Second Reading Ordinance for the City Council Meeting of October 24, 2017 DATE: September 27, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services BilIG@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for MPM Development, LP, for the construction of a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, LP. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $109,354.20 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 1187 linear feet of 12 -inch waterline extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C.1.B Arterial Transmission and Grid Main Extension and Reimbursement of the Unified Development Code ("UDC"), MPM Development L.P., is requesting a Reimbursement Agreement for the development of 12.116 acre tract of land, a portion of Lots 20, 21 and 22, Section 22, Flour Bluff and Encinal Farm and Garden Tracts as shown on the final plat. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. The development requires the extension of 1187 linear feet of 12 -inch waterline in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch waterline. If the actual costs for installation of such waterline and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund for that portion of the waterline installed by the developer. In this case, the total construction cost of the 12 -inch waterline is $118,068.48 minus the lot/acreage fee of $8,714.28 which equals $109,354.20. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,425,342.79 Encumbered / Expended Amount $1,152,590.84 This item $109,354.20 BALANCE $1,163.397.75 Fund(s): Water Arterial Transmission and Grid Main Trust Fund 4030-21805-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Ordinance and exhibits Power Point Presentation Form 1295 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, LP. ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $109,354.20 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, LP. ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Royal Creek Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $109,354.20 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP, ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Royal Creek Estates Unit 7 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Royal Creek Estates Unit 7, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch located on the south side of Oso Parkway for a distance of 1187 linear feet in order to connect to water grid main along Oso Parkway) and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Oso Parkway for a distance of 1187 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Royal Creek Estates Unit 7, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1 REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 1187 linear feet of 12 -inch PVC waterline pipe. 2. Install five (5) tees 12 inch 3. Install two (2) 12 -inch caps tapped for 2 -inch 4. Install four (4) 12 -inch gate valves with box 5. Install 14 linear feet of 6 -inch PVC waterline pipe 6. Install three (3) fire hydrant assembly 7. Install three (3) 6 -inch gate valves with box 8. Install two (2) 6 -inch 90 degree elbows 9. Install six (6) 6 -inch dia. X 30 -inch long PVC pipe nipple b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be Page 2 of 10 credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by October 24, 2018. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7 PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 24, 2018. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. Page 3 of 10 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the Page 4 of 10 other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: MPM Development, L.P. ATTN: Mossa Moses Mostaghasi 426 S. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Page 5 of 10 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $109,354.20. See attached cost estimate (Exhibit 4). b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO Page 6 of 10 BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Royal Creek Estates Unit 7, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Page 7 of 10 Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2017. SIGNATURES FOUND ON PAGES 9 and 10. Page 8 of 10 Developer MPM Development, L.P. ATTN: Mossa Moses Mostaghasi 426 S. Staples Corpus Christi, Texas By: Mossa Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., Limited Partnership and acknowledged before me on the day of , 2017. Notary Public, State of Texas Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta William J. Green, P.E. City Secretary Development Services Interim Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2017. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by William J. Green, P.E., Development Services Interim Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2017. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2017. Assistant City Attorney For the City Attorney Page 10 of 10 1 1 0' - in 0CN � — J 30/81 .0S w O " l0 O 11 D\ N (U Z 925'42' 49' ONnMp7-ell it. B -31\1177 H1�bwI41NQ0 ✓23 59' 36' V rc W- 40' l o g 40' (= V4z Wil IW 30 ;2; 130:0' a1? o %��' I 3% iz 101 '7A �I 1 4 O 02 101 � Sa S23.59'36'4 F €N co 0 0 0 z 8 o 6 gF PLANNING COMMISSION 0 3.OL 1%.527t--- .20.629 SO ,09.9.1.:, 3 Ro CK CRSS o 6 DRIVE 509'10 53' .01 20.623 O 33.5 /EE 41 '/ 86,02 214.52 _30_5 '2 ~ 4 Sq .01 lj .5 'L ,C6 'Le / 9.0) .20.625.16 3(I O O Lo O 86.68 rO U D o O N _33,5 NA ,22 __,L2209_33,2 25, 41 .l aeod dnal1V X3 o'0. -'on 3.01,20.62N 1 O EXCAUIBUR ROA- n 9.Oi ,00.620 230. 00' ,/9'09 84.32' w 2 (101 31090I00-409) Med 883611 ,84 0 u� m 30 .0'/ 30 .9'4 <90689410) 908 39941180 ,20 (:) .01.20.625 .L9 '09 3S 02020 (318901I08-N0N) 1(894 ,L9 '222 30 .6 'L 30 .9 'L 3.01,20.62N 9 Nle 'L 101 '3S 26901 (08880413) 008 39040080 40 61 101 'Al '0 '009 'd '0E02 'A '3O 24 80 3NI1 (440N000 1093H1000 ,01 'SEE 3.01 .20,62N 6 A M.. AND DULY RECORDED Lb 0 J } O APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Royal Creek Estates Unit 7 subdivision, hereby apply for $8,714.28 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $118,068.48 is the construction cost, including 11 % Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Mossa Mostaghasi, President of MPM Development, LP. Notary Public in and for the State of Texas APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Royal Creek Estates Unit 7 Subdivision, hereby request reimbursement of $109,354.20, as provided for by City Ordinance No. 17092. $109,354.20 is the construction cost, including 11 % Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2017, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) CO P)3L ACDYAL PUS CHA rm-cvluzaxgvm„ ,EvEmram... 'LMES „ 204 ET " ouRioo coosToucTiON Zo'R'IT'LICTsTIO ggvTE77777EosonEpirr t'""P" 'C=cE co, vociEs FOP WATEP LINES PLI.;MANTS ,F,AsCELIX,LysEsS1,1,4HOJLE,:ASIE WATER MANHOLES AND SRUCTURES REINFORCED CONCRETE PIPE CULVERTS ,,,=rErV,P‘ATRES'E'ZC'E LI!I'NEESS SEEDING PORTLAND CEMENT CONC., P S1EEL CONC., STRUCTURES FRA„S. GRATES. RINGS AND COVEF, PAVING GRADING AND DRAINAGE NOTES EirTTR zoinaaror=c UEZTJEcsEEEFCHEE'V'EEFLaRN`i.E'..i-EIHE PA„ EARIP ON TO T„ SITE FROM OF F SITE SOUROE„ 0 ACP I„E „ADES , „OWN (NO SEPARATE P.:, EnER COWL PION OF ROUGH GRADING AND ARER COMPLETION OF STREET DRAd NAC E. SANPARY F INAL /FINISH SPADING SD ACHIENE 4. ALL CONC., FOR „E ON THE „PlEC„FIALL KAYE MINIMUM COMPRE„IVE SIREN CT H ,000 „ s7EEL REINFoRcING 3+,1_ BE GRADE Go (.000 psi mELD sTRENG7, AccoRDANcE ,,,,,m,,rmpam_grcgm,,A,, SHALL BE CLASS III. STANDARD ST RENCIP. soRLI SEWER t.r,t ZIP HT. SANITA. SEWER .D soLsi SEWER SI, IONINO iS irlEASURED ALONG T. CENTERLINES OF („11.1, EARLY INTERPOLATE BETWEEN GRADES AS SHOWN To DETERMINE A PROPOSED GRADE ANY PARTICUVR g.TH,Em,,,,, CUTTER ALIGNMENT SHALL PAR, ADJACENT RIC PT -OF- WAY LINES EXCEPI WHERE INDICATED 1 ff TEErc SpER0WE7MEsD FIEMGPC-r-g'f.:A7s7ETrEs7.NDL TIZA-ZO s HEREOF FOP RICH, OF -WAY ST PHIS. IC?1,7NBRU,I,IPIMPTATI-70X17 Pf.,../Vidra 'DE-W=1%1:NA% .2°7E7,', .`,."44",,r F001 PRI. OF 4- THICK R WALPS1. 1,1N.DEAM.U7SAL,,,,igL AaapNVEE,RNMENTAL ONE -CALL AND OTHER REG ULAIIONS WPM REGARD 10 EASING 12 No sE RAPP, PAY FOR PRP. CO.P7 ,PAY FoR THE Es7ABLIsPED LAP pRicE FoR SHAH,. ISZHAL=7 'ClaS4IF-'FLZ4' MarAl7V1 7.r.M=s"'" """- """`"P lo,F..2g4TTEritgZABRIC MAIERNL IS REQUIRED FOR WRAPPING RCP PIPE JOINTS AND SHALL „ET REOUIREMENTS SANITAP, SEWER NOTES 1. 5E7 .D5 oF 5E pvicE !NE mi , Pa oho AGE u E 55 SuowN oTPERwi 5 E pt,,iEfuLT SI ;1; sYS FLN „B „L .ESN: NJ. AE.U,F ,,,P4'LPITP7TZENWEIRO F4EV.'L'OTAAISD" E7T PIPE CI, STANDARD SPECIFICATIONS. BED AND S U,C.T,S,Eg.XE PAY FOR ANY DE - WATERING OR SPECIAL EMBEDMENT P ELOPED FOR SANITARY SEWEP 5, THE WORDS SANITARY SEWER SHALL MEAN WASTE WATER PK, VICE VERSA. RAPACDVERENTS 70 AEEK ESTATES UN 7 7 NUECES COUNTY, TEM ST LEGEND - EXISTING FACILRIES AND APPURTENANCES C C b. P/C CURB AND GUI1ER CW RP, SPOT ELEVATION POINT OF 41 GB MH CITY S1ANDAPD SHEETS THE FOLLOWNO SHEETS APE INCLUDED P [REIN REFERENCE AND SHALL USED ON IHIS PPOJECT. 1-?-1NF-7/CFTN'OF'IN=LO 'PP= L=1=1 SF)70'R '':DD7r1G' PTRPOSES, op RD -I, DETAIL S. 9 5-'5 -E --RD DETAIL 5. 9 s -,5 ST a PM -ER STAN DAP o of ,-, -FM loN PREVEH, lox , SHE L's - a , C pxosl 1 SHEET TRAFFIC CONTROI AND STREET I IGHT FEES PiElTgLignFIORTEkr7F14:PLFF'F:i'VH:11.: TE.jEFNRET"°:'1'TE=NIL''.";'7""r'"A"TS F R „OVIDE T„„T BLOCKS , ALL 6P, 8" AND 12P WAT„ F ITT IN ;orp.zz-rs=k--.En.tr,r„47,41„urzpvamF2r„prom° SMFIT =D=ESNULSLED'ElNrarTO 7ANAELP.rP'IPMEE=OL PArT 7, - „ATER SEFNICE LINES SHALL BE 1" DIAMEIER FOR SINGLE AND DOUBLE WATE„ERVICES. EkPAY4NR:AgPfggYsktVA&C=15 p.T.rsINFAZ LsIN,L,SLE s%EINIEEL =SOLVE PALE N APE, PIPE WITH COMPRESSION P BRASS STORM WATER POLLUTION PREVEMION IT'RA'gNFO7 .1[D:4-rrET =07.4.0ZiENTXR 701= SP'gE .J01Z.N,„NCcOEI,ipg1,10N OF .„0—:..2F SHALL BE GRASS SEEDED IN -F.,. sup PAsE svs7.1s ARE RE ouIRED FoR RoposiDE cx suppoR7s -rue ppm., LEGEND - PROPOSED FACILRIES AND APPURTENANCES BACK OF CURB TO BACK OF CURB C ENTERL ME P/C CONCPETE WALK DEEP CUT SERVICE CONNECTION (SAN. SEWER) DRAINAGE DIP ECT ION OR DIMENSION APPOW F NISP ED CP.. ELEVATION p yo L ry 1, `VP L L V, o ry NADdar (CHANGE OF DRAINAGE DIRECTION LEFT MANHOLE POINT OF CURVATURE (BEGMNMO OF CUR,E) POINT OF TANGENCY (END OF CURVE) REINFORCED PORTLAND CEMENT CONCREIE RCP SS SSF PE I ',op CE PE, ply P - Lory-o-lopE ry E E FL'r"F'ENNTC7T,'R 'TCEURTZ F 'El,FME.VCO'NNTRWO'L.' 2NC E SEWER NwryNOLE SANITARY SEWEP SERVICE (PIPE F !NOS. 4" ONO , p 'a p VOrLrANPOLr ru1=ALZc FM'N" "'°"-r'N CALL BEFORE YOU DIG! e„t azr=..i. 811 THE LONE STAR NOTIFICATION COMPANY AT 1-800-669-8344 igagi4PFE''EnFa'-'T"" IT2 SiFL%N 2. CO NT PACT DR SHALL NOT, „E CI, OF CO „„ C„ISI CONSTRUCTION IN„ECTION DEPARTMENT iI=X1,T4TV CLVT7 11=CMLT,S'T WrOVACIN VT,,,U XL, BEFORE vH.E' znavnziwprnvaL nsvm zRwa.r, T"E' 4 T'T''EZIF."'''TT'FFE'P'.4T'IN:771CPIN7LC" PL , .4'7.rVVLOEPAUKTPTC'EV70 TAR= g..'0'.1EgT,o7TH'0"U'T'ALPLE7FXTT'IANDN'Ul.'4='0111',11rfLrjr1ETSIT:PSTN ';'1-1.ENYCRPOI7NnO°F T"' 7131321001 CASINO PIPE NOTE ELECTRICAL C,INO PIPES SHALL BE PVC SCHEDULE 40 SOLVENT WELD, CAPPED [ACP END PL INE THE LOCAIION SHEET INDEX SHEET 1 SHEET 2 SHEET 3 SHEET 4 SHEET 5 SHEET 6 LOCATION MAP COVER SHEET AND MISCELLANEOUS INFORMATION PAVING, GRADING AND DRAINAGE PLAN, STREET AND STORM SEWER PROFILES SANITARY SEWER AND WATER PLAN AND PROFILE STORM WATER POLLUTION PREVENTION PLAN, ESTIMATE SUMMARY AND BASE MAPS OFFSITE STORM SEWER PLAN AND PROFILE STREET, SIDEWALK AND DRAINAGE DETAILS NOTE: IF A PARTICIPATION AGREEMENT AND/ OR REIMBURSEMENT ARE BEING REQUESTED BY THE DEVELOPER/ ENGINEER, THEN PRIOR TO START OF CONSTRUCTION, CITY COUNCIL MUST APPROVE SAID AGREEMENT. IF THE DEVELOPER CHOOSES TO BEGIN WORK PRIOR TO COUNCIL APPROVAL, THIS WILL RESULT IN THE PARTICIPATION AGREEMENT AND/OR REIMBURSEMENT BECOMING INELIGIBLE AND ALL CONSTRUCTION WILL BE AT THE DEVELOPER'S EXPENSE. BENCHMARKS (CITY DATUM. NOVD 291 SEE LOC,ION MAP ABO, CONTRACTOR SHALL FOLLOW CITY STANDARDS AND SPECIFICATIONS DEVELOPER: 0,E112r3nrCORPLIS CHRISTI, TEXAS 78463 17111334-3832 BASS AND WELSH ENGINEERING TX REGISTRA=p,N,O,r,;8,2, 6,0E81,2.,22=EPA STREET PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 7 CORPUS CHRISTI, NUECES CO.. TX COVER SHEET AND MISCELLANEOUS INFORMATION PLOT SCA, . sc.. M. SHOWN JOB NO 1'.6 1,7E 0,23, u EE7 oF 6 L., Pc � s, aa,. ,°P5 p°,s;c 'iSc*ix. o- L15 a`i9a• 15 15 e rvEcne 15 \3s <0 15 ri! 15 11111111 " �. 10. i¢ �irv,_10s ➢ re.4yn ni \ /WITH P, oN r\R`o\ LINE 015 NOT PROPOSED riES a 5 E � v xu 0 V O /® FUT'U\J, ki]TS ✓ THESE PLANS nV--111161611—"'" ®I / z. aE 0 E P „ a u a ® - r,10 0 xoPP s_I ,07 s co R rz,. s _3E reE r s reovn, s, ; °rvMTre., v \ o s R5 7. ssJ enl 5 5 5 5 lA<4433 �� ® o N �SN Nq .6 5 5 5 5 PROF]LE - 15" RCP PROFILE - 24' RCP WO LATERAL CROSSING OSO LATERAL CROSSING DSD o ca s i \O ® PROFILE - 15" RCP PROFILE - 15" RCP 1 9RE* °� PARKWAY NEAR STA 7+91.46 PARKWAY NEAR STA 18+19.06 c 5 ® _ ° �. .e $ `' LATERAL ATCROSSING 47. LATERAL CROSSING OSO4.5 oSI PARKWAY NEAR STA 3+47. 41 PARKWAY AT STA 5+34. 55 S647 17' 11'E .az-- - >' O6OPPITLOPSPOPPPPP =I S60757'50"E 193. 00' 0 n N64°17'11'W s 456.33' s , 456. 33' -IT/'O e I t= 1 \" \ o jJ'�` s ° N���.� / �® ^®\- ✓ cPope J \ 3 \° --Eao EIA [[ NIT a. V. 67P. 731 a RN s 11-8\ 000 0 � e a= rv<< \\ 4-7° j 35 FUTURE LOTS\IEN �\J zo 1 O®®0 SRw, \ � GI 04 ¢ PI w� e1 ioJR. P °° � pPF1' 3 SP522 5525,1Z0 ° I I P P 260 50 n ? I a 1 co 20 PP" rk 6e 82 I ui� 62, .r \ 25-1\ Y p0 ®"IS5 ` %1 p�Sc © s Tn C-, sem , re515 t 4d°PP mo.os _=�—/J gso.sF.— N z \ �m/ \\ \ 1 _3°,� /- /��� // w xz � ® P -- e,ac_rc --'''''s,5 P _22_,_ FL 5.10 AN P00 z �o,iceN�PY '%5Ke 5 —_ I0 —1--,, n.. 9 I / _ _ ® 1J @PP 666S/_ H v,l 10 sva Vs " �z xox�zoMa��olvEm�uu N66H3o. '3204' LOT 21 m,w I o snirvc OpPp/ M ,7 ,T°' F.,r nP,rv�3.-0s �`' t —i_uc___ J &a DRAINAGE AREAS i—w TYPICAL SECTION - OFFSITE .7,' xarer N IN TEMPORARY DRAINAGE DITCH 114:111.111A mmoHE1nE>FTcareoa°ooasoree,ExocaTws FUTURE ❑S❑ PARKWAY OEACTV ry i c%m j259 MI022 ,s., »e. . zna. zs o neT�orv, PCT nv roa uoaa we v Er mug szc wu cExs MATTE PR AL FONO rec O;-1' 2+00 auoua�, s�ac3a c +00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 0 E PE, NT PLVFILL FOR L OP PIPE 20 5 o s,a 3.zo x aT Tc ,T ora. Cxo s, e cT ia. se v irvr'iT`%. �rvu '''1' reT. Tc ` are, �z. so K .c ;�`a' .s cs`cT. re, ii s. re, Tc re, z a . PT, ,PE,.x Try Pavcu ecFO . c�Paxa,E 15 c 1, Mill- 0` 3, , ,<<<�n� Eli p p IP POOP OPEOP e31 ME *c " x ,0 MI . �i Ii iii , a PT 0 3, `R;a � ��:_ o o"o C3 0 �P _I PPRP " �■�®®�Ei � , °a Pa, ,T ■■■ „, 6, �1== EP 6 x,x ,�u , ��� ®®=�� Se E ,P, ,reECTxMI re _« a ,<, ,a<<@� 77 PROFILE - OSO PARKWAY PREP. 1+00 2+00 3+00 1+00 2+00 ° 13A 8° P, SEE s RC[EF! 20 20 +00 ,v CAL ii'sic 20 L1 a2„reP x PT 12 91RING ``P` ,reg, , 'PP, T. re < P° �, 20 c T 1+00 15 rei 5+00 Enrol' 5 15 TEs „ a�.�xc_L. 2+00 a e, c o. 3< 15 SECT . P,,.� 5 ._ 15 15 ��P60 15 fTs re, �,.. ry 10 BASSTREET.HENGINETC E i � A02310 0 0 10 re TY Caaoaurev[v10 oa TY ENGINEERING [c. r sz 3osa CORPUS CHRISTI.TEXAS 7LL7W PT 0.3, e 1.0% PT 1.9, ° PROFILE - BISON DRIVE o �aE2a �E�zTx PROFILE - PRINCE CHARLES PLACE .aLamEon PUBLIC IMPROVEMENTS TO 0 10 10 C3 ROYAL CREEK ESTATES UNIT 7 CORPUS CHRISTI, NUECES CO., Tx PROFILE - EXCALIDUR ROADPROFILE - ROCK CREST DRIVE PAVING, GRADING AND DRAINAGE PLAN, STREET AND STORM SEWER PROFILES 0 25' 50 100 a«w scALC. = so air E mr. o<,c PLOTTED rvo„av„ sxccTor S60° 57' 50'E 193. 00 N64'17' 11'W 5 456.33' S64°17' 11'E 456. 33' 0 3 '7421222' ROYAL CREEK ESTATES UNIT 4.1 xo II" © IIIN FL @SS FUTURE LOTS x 21 �o s♦<o �s 70 7 5 10 7+00 8+00 9+00 10+00 11+00 LOT 21 12+00 ALL UTILITIES TO MEET CITY AND TCEQ STANDARDS 13+00 14+00 15+00 16+00 17+00 LOT 22 11 18+00 1+00 15 0 ® 5 11111_ 0 5 BTRSP-os PROFILESS LINE "C" (PRINCE CHARLES PLACE) 5 10 5 1+00 2+00 MP� IC LT N 180 LF 22 0 — PROP 12PV2 SS e a. 2. PROFILE — SS LINE "B" (BISON DRIVE) 5 PROFILE — SS LINE 'A' (DSD PARKWAY) 0 25' SD 100 4.0 PLUG 15 10 5 BASS r—sz. 3Dsa °14, DA WELSH HRING co PusN'c RE s 5I4oa PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 7 CORPUS CHRISTI, NUECES CO., Tx SANITARY SEWER AND WATER PLAN & PROFILE . DATE POTTED 01(2)17 SHEET o of ROYAL CREEK ESTATES UNIT 4 I S60°57'50'E 193. 00' 0 164°17'11'W 456.33' S64°17'11"E 456. 33' NOY 3 EUTuR tn4s FUTURE LOTS \ LOT 22 LOT 21 12 im zs�o� zs STREE AND SURFACE EMP AT PARKS WOR nry REIMBURSEMENT) DESCRIPTION OIJAGTITY UNIT 67 CURB 6 CUTTER LSO LF I" THICK CONCRETE WALK 2666 554 659 r CRUSHED LIMESTONE BASE TO WBC 1185 STREET 518N OM CLEARING 8, GRUBBING EAR OF ROAD BARRICADE saA= ',�EREP kEA=o=.4V UNIT GLOTER 47 THICK CONCRETE WALK 1,605 47 FILIA0 5540 27 FILIAC 1916 2387 11 CRUSHED LIMESTONE BASE TO 2.BC 67 LIME STABILIZED SLEIGRADE 6918 STREET SIGNS ExCAVATION END or ROAD BARRICADE SIGNS t. EA) OVER SS Oso PARxmvnv troll ,y,w8UPS[u M) DESCRIPNON GLIANTITY UNIT 47 /MICK CONCREIE WALK 5174 5440 OVERTHICKNESS 87 CRI/SHED LIMESTONE SASE TO 117 CRUSHED LIMESTONE SASE 6650 ESTIMATE SUMMARY SION SEWER ITEMS NO1E, PAY FOR HDPP , LF OF RCP OF SAME ISE DESCRIPTION OIJANIITY UNIT 157 RCP 167 RCP 185 307 PCP W INLET CHANNEL ENCL./ANON DESCRIPTION OIJAGTITY UNIT 127 ,C PIPE LF ,90 LF FIBERGLASS MANHOLE EA ADJUST TOP OF ENSTINC SSMI4 , W ,R GRID MON ITEMS REIMBURSABLE BY ITV DESCRIPTION UNIT 127 TEE CAIE VALVE WITI4 BOY 67 PVC PIPE FIRE H1OPAGT ASSEMBLY 67 GATE VALVE WITH BOY 87 DIA M. 307 PVC PIPE NIPPLE REM= ,w wm) DESCRIPTION OLONIITY UNIT 87 PVC PIPE 87 VALVE WITH BOY 87 11, PIPE 87 GATE VALVE VII, BOY WATER SERNCE DOUBLE ADJUST ENSTINC 07WIR PIPE TO CLEAR PROPOSED S1ORM SEWER PIPE IT DESCRIPTION UNIT oureirve mrvswcnoi��` P N LS 6 PES";' 4p, RE. oR� E m ) 3525 ,C CONDUIT FOR ,P 350 STORM 'MAIER POLLUTION PRE,NTION LS EENING FENCE g== PSEDIMENTATIONsPoRR oN ER"2 PRcuNMiary POLLUTION PREVENTION NOTES SANITARY SEWER BASE MAP CCR 015700 TEMPORARY CONTROLS ALL ,ORM OR SLNLL BE DONE IN 811 25' 50' ]O BASS & WELSH ENGINEERING F-T52.'3jglYS7E8AXDA'=2E'ET:'%glJESNnglInA. ;:08 PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 7 CORPUS CHRISTI, NUECES CO., Tx STORM WATER POLLUTION PREVENTION PLAN, ESTIMATE SUMMARY AND BASE MAPS WELSH JR P 11006 PP BnrE P1.011EB "01/27/17 SHEET 4 or o Lai 8C 0L+6I did 3NI1 LJ1b'W 2 21122 2021 Q30NI9NO2 CONCRETE ANCHOR UIREMENTS TRIANGULAR SUBBASE INSTALLATION RE DETAIL END OF ROAD BARRICADE , 1,111M01151 Atom . LJ .1. lir ' iR L 4 1 4 1 ; g it ig t g; — 3-6 1 11 , ! g -; . N .. , - 1 ® Sil : NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 ROYAL CREEK ESTATES UNIT 7 12" WATER GRID MAIN REIMBURSEMENT ESTIMATE 09/07/16 12" WATER GRID MAIN ITEMS REIMBURSABLE BY CITY QUANTITY UNIT 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 UNIT PRICE AMOUNT 1 12" PVC PIPE 1187 LF 60.00 $71,220.00 2 12" TEE 5 EA 850.00 4,250.00 3 12" CAP TAPPED FOR 2" 2 EA 350.00 700.00 4 12" GATE VALVE WITH BOX 4 EA 3,200.00 12,800.00 5 6" PVC PIPE 14 LF 32.00 448.00 6 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000.00 7 6" GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6" 90° ELBOW 2 EA 300.00 600.00 9 6" DIA X 30" PVC PIPE NIPPLE 6 EA 250.00 1,500.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION LESS CITY WATER ACREAGE FEE TOTAL AMOUNT REIMBURSABLE Page 1 of 1 $106,368.00 $106,368.00 $11,700.48 $118,068.48 -$8,714.28 $109,354.20 ❑❑R❑❑CE RED ❑ CREME ❑❑❑ I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. ❑❑fI, O❑ I❑❑R❑❑CE M BVI❑M III❑❑R❑LICE CO❑ER❑❑E 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Co ❑tr I I tor I I ee ❑t ❑C w ®❑ re ❑❑e Et to t ❑e EboreElElited ®II e I I I I I I I II i•I 1 ICS m ®❑C e to Gici❑tI I d f or be e❑dorLjd to do❑tEEt❑e Cdlltiw®❑re❑❑Lied Ciro I Hkd❑ • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 Li,octil 2984844346 ASSUMPTION WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL. PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: August Gl.2 3 2004 Grantor: MOSSA MOSTAGHASI d/b/a MPM Homes Grantor's Mailing Address- 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Grantee: MPM DEVELOPMENT, L.P. Grantee's Mailing Address: 3546 Picadilly Corpus Christi, Nueces County, Texas 78414 Consideration: Ten Dollars ($10.00) arid other good and valuable consideration paid to Grantor by the Grantee, and the Grantee's assumption of the unpaid principal and interest on two notes: (i) one certain note in the original principal sum of $725,000.00 dated April 13, 2004, payable to the order of First National Bank which is secured by the prior and superior vendor's lien on Tract One (1), and by a first lien deed of trust (to said Tract One) of even date from Grantee to Michael V. McCarthy, Trustee; and (ii) one certain note in the original principal sum of $1,045,000.00 dated April 13, 2004, payable to the order of First National Bank, which is secured by a prior and superior vendor's lien on Tract Two (2) of the Property and by a first lien deed of trust (to said Tract Two) of even date from Grantee to Michael V. McCarthy, Trustee. Grantee agrees to indemnify and hold Grantor harmless from the payment of the note and from the performance of the Grantor's obligations specified in the instrument securing payment of the note. Property: Being 108.037 acres of land, more or less, out of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, and being more particularly described in two (2) tracts as follows, to wit: ASSUMP wd Plage TRACT ONE (1): Description of an 87.534 acre tract of land, more or less, a portion of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and being a portion of a 183.86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 87.534 acre tract as further described by metes and bounds as shown on Exhibit "A° attached hereto and incorporated herein. TRACTTWO (2); Description of a 20.503 acre tract of land, more or less, a portion of Lots Twelve (12), Thirteen (13), Twenty (20), and Twenty-one (21), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed at Document No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as shown on Exhibit 'A" attached hereto and incorporated herein. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to all valid and existing easements, restrictions, rights-of-way, mineral reservations and leases, conditions, exceptions, reservations and covenants, of whatever nature of record with the County Clerk of Nueces County, Texas, affecting said property, and also to the zoning laws and other restrictions, regulations, ordinances, and statutes of municipal or other governmental authorities applicable to and enforceable against the property, and ad valorem taxes for the tax year 2004, which are hereby assumed by the Grantee. Notwithstanding disclosures required by law to be given by Seller(s) to Purchaser(s) prior to and/or contemporaneous with transfer of title or recordation of public notice of such transaction, Grantor(s) and Grantee(s) hereby acknowledge their mutual agreement, as negotiated, which is a factor in the price for the property hereinabove described, that with this conveyance GRANTOR(S) SELLS AND CONVEYS SAID PROPERTY TO GRANTEE(S) AND GRANTEE(S) ACCEPTS SAID PROPERTY IN "AS IS" CONDITION, WHERE is, AND WITH ALL FAULTS, EXCEPT FOR THE WARRANTY OF TITLE PROVIDED HEREIN, AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTIES, OF ANY KINO, ORAL OR WRITTEN, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY OR THIS DEED FROM OR ON BEHALF OF THE GRANTOR, INCLUDING, WITHOUT LIMITATION (I) THE VALUE, CONDITION, MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (II) THE MANNER OR THE QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO THE IMPROVEMENTS, IF ANY, ON THE PROPERTY, AND (111) THE MANNER OF REPAIR, QUALITY, STATE OF REPAiR, OR LACK OF REPAIR OF THE PROPERTY. GRANTEE AGREES THAT GRANTOR HAS NOT, DOES NOT AND WILL NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PROPERTY AND ITS COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDINANCES, ORDERS OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING, TREATING, STORING OR DISPOSING QF ANY SOLID WASTE, AS DEFINED BY THE U.S. ENVIRONMENTAL ASSUMP.wd P.a. 2 PROTECTION AGENCY REGULATIONS AT40 C.F.R. PART 2261, OR HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1990, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER_ FURTHER GRANTEE AGREES THAT GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO IN THIS DEED, and that Grantee(s) acknowledges sole reliance upon Grantee's own inspections and/or investigations, if any, of said property and upon Grantee's own due diligence in regard thereto, it being the intention of Grantor and Grantee to expressly negate and exclude all warranties including without limitation, the implied warranties of merchantability and fitness for any particular purpose and warranties created by an affirmation of fact or promise or by any description of the property or by any sample or model or any other warranties whatsoever contained in or created by the Texas Uniform Commercial Code. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same of any part thereof, except as to the reservations from and exceptions to warranty_ When the context requires, singular nouns and pronouns include the plural. MOSSA MO" AGHASt d/b/a MPM Homes THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of August, 2004, by Massa Mostaghasi, d/b/a MPM Homes. Joyce �i,. NlotarY Pbik, Silts of Texas , cGrernissiat bones�,p € RI L 11, 2005 'SSUM' Wd Not f „oroe, s le, State of xas P g9 3 t row Fite No 0.34337066 EXHIBIT "A" Being 108.037 acres of tend, more or less, out of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Twenty (20), Twenty-one (21), Twenty-two (22), and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, as shown by the map or plat thereof, recorded in. Volume A, Pages 41- 43, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, and being more particularly described h two (2) tracts as follows, to -wit: TRACT ONE (1); Description of an 87.534 acre tract of land, more or less, a portion of Lots Six (6), Seven (7), Ten (10), Eleven (11), Twelve (12), Twenty (20), Twenty-one (21), Twenty-two (22) and Twenty-three (23), Section Twenty-two (22), FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a map of which is recorded in Volume A, Pages 41 through 43, Map Records of Nueces County, Texas, and being a portion of a 183.86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 87.534 acre tract as further described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod set in a southwest boundary line of a 43.60 acre tract of land described in Document No. 1997010298, said Official Public Records, said beginning point for a north central corner of the tract herein described and said beginning point bears S 60 deg. 57' 50" E, 466.00 ft. from a 5/8 inch iron rod found for the westernmost corner of Lot 1, Block 2, Ciimmaron Ranch Unit 1, a reap of which is recorded in Volume 58, Pages 100 and 101, said Map Records; THENCE, S 60 deg. 57' 50" E, along said southwest boundary line of a 43.60 acre tract, a distance of 634.17 ft. to a 5/8 inch iron rod set for interior central northeasterly corner of the tract herein described and southeast corner of said 43.60 acre tract; THENCE, N 29 deg. 02' 10" E, 993.90 ft.. along the southeast boundary line of said 43.60 acre tract to a 5/8 inch iron rod set for a northeasterly corner of the tract herein described and interior easterly corner of said 43.60 acre tract; THENCE, N 87 deg. 57° 21" E, along an easterly boundary line of said 43.60 acre tract, at 19.60 ft. pass the southernmost or southwest right-of-way corner of Safety Steel Drive, a public road, and continuing along the south right-of-way line of said Safety Steel Drive, in all a distance of 270.57 ft. to a 5/8 inch iron rod found for the northernmost or northeast corner of the tract herein described and northwest corner of the northeasterly portion of a 75.757 acre City of Corpus Christi tract of land described by deed recorded In Volume 2138, Page 624, Deed Records of Nueces County, Texas; THENCE, along a westerly boundary line of the northeasterly portion of said City of Corpus Christi tract, S 01 deg. 56' 35" E, 790.30 ft. to a 5/8 inch iron rod set for the northeasterly corner of the herein described tract and westerly corner of said northeasterly portion of City of Corpus Christi tract; THENCE, S 31 deg. 00' 54" W, 421.22 ft. along a westerly boundary line of said northeasterly portion of City of Corpus Christi tract, to a 5/8 inch iron rod set for interior easterly corner of the tract herein described; THENCE, continuing along a westerly boundary line of said northeasterly portion of City of Corpus Christi tract, S 01 deg. 18' 30" E, 848.61 ft. to a 4 kith iron rod found for the southeast corner of the tract herein described and interior central easterly corner of said City of Corpus Christi tract; THENCE, S 59 deg. 07' 18" W, along a northerly boundary line of the southwesterly portion of said City of Corpus Christi tract, a distance of 394.19 ft to a 5/8 inch iron rod set at the point of curvature of a circular curve to the right having a central angle of 55 deg. 00' 39", a radius of 1824.50 ft. and a chord bearing S 86 deg. 29' 54" W, a distance of 1685.23 ft; THENCE, along the arc of said circular curve to the right, being along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract, a distance of 1751.74 ft. to a 4 inch iron pipe found at the point of tangency; THENCE, N 66 deg. 00' 24" W, along a northerly boundary line of said southwesterly portion of City of Corpus Christi tract, a distance of 803.30 ft. to * 4 inch iron pipe found at the point of curvature of a circular curve to the left having a central angle of 15 deg. 55' 54", a radius of 498.08 ft_ and a chord bearing N 73 deg. 48' 36" W, a distance of 138.05 ft.; THENCE, along the arc of said circular curve to the- left, being along said northerly boundary line of the southwesterly portion of said City of Corpus Christi tract., a distance of 138.50 ft. to a 5/8 inch iron rod set for the westernmost corner of the tract herein described, easternmost corner of a 69.12 acre City of Corpus Christi tract of land described by deed recorded in Volume 2092, Page 778, said Deed Records, said westernmost corner being in the southeast boundary line of a 42 ft. wide drainage easement described by deed recorded in Volume 2035, page 665, said Deed Records, said westernmost corner of the tract herein de*eribed also being the westernmost corner of said 183.86 acre tract described in Document No. 898387; THENCE, along the northwest boundary line of said 183.86 acre tract, being along the southeast right-of-way line of said 42 ft. wide drainage easement and along the northwest boundary lines of said Lot 20, Section 22, N 29 deg. 02' 10" E, 1111.10 ft. to a 5/8 inch iron rod set for the northwest corner or westernmost north corner of the tract herein described; THENCE, S 60 deg. 57' 50" E, 448.00 ft. to a 5/8 inch iron rod set for interior westerly corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 20.00 ft. to a 5/8 inch iron rod set for westerly corner of the tract herein described; THENCE, S 60 deg. 57' 50" E, 110.00 ft. to a 5/8 inch iron rod set for westerly corner of the tract herein described; THENCE, S. 29 deg. 02' 10" W, 310.13 ft. to a 5/8 inch iron rod set for interior westerly corner of the tract herein described; THENCE, S 66 deg. 00' 24" E, 312.15 ft. to a 5/8 inch iron rod set at the point of curvature of a circular curve to the left having a central angle of 12 deg. 28' 44", a radius of 1074.50 ft. and a chord bearing S 72 deg. 13' 56" E, a distance of 233.56 ft.; THENCE, along the arc of said circular curve to the left, x distance of 234.02 ft. to a 5/8 inch iron rod set for central interior corner of the tract herein described; 'THENCE, N 29 deg. 02' 10" E, 362.06 ft. to a 5/8 inch iron rod set for central teterior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W, 240.00 ft. to a 518 inch iron rod set for central corner oldie tract herein described; THENCE, N 29 deg. 02' 10" E, 110.00 ft. to a 5/8 inch iron rod set for central corner of the tract herein described; THENCE, S 60 deg. 57' 50" E, 43.77 ft to a 5/8 inch iron rod set for interior central corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 320.00 ft. to a 5/8 inch iron rod set for north central interior corner of the tract herein described; THENCE, N 60 deg. 57' 50" W, 35.52 ft. to a 5/8 inch iron rod set for north central corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 360.00 ft to the POINT OF BEGINNING. TRACrxwO t2): Description of a 20.503 acre tract of land, more or less, a portion of Lots Twelve (12), Thirteen (13), Twenty (20) and Twenty-one (21), Section Twenty-two (22),. FLOLilt BLUFF AND ENCINAL FARM AND GARDEN TRACTS, a map of which is recorded in Volume A, Pages 41 through 43, Map Records, Nueces County, Texas, and also being a portion of a 183.86 acre tract of land described by deed recorded at Document No. 898387, Official Public Records of Nueces County, Texas, said 20.503 acre tract as further described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for the westernmost corner of Lot 1, Block 2, Cimmaron Ranch Unit 1, a map of which is recorded in Volume 58, Pages 100 and 101, said Map Records, said beginning point for the northernmost or north central corner of the tract herein described; THENCE, along the southwest boundary line of said Block 2, Cienmaron Ranch Unit 1, and along a southwest boundary tine of a 43.60 acre tract of land described in Document No. 1997010298, said Official Public Records, S 60 deg. 57' 50" E, 466.01 ft. to a 5/8 inch iron rod set for the easternmost or northeast corner of the tract herein described; THENCE, S 29 deg. 02' 10" W, 360.00 ft_ to a 5/8 inch iron rod set for central interior easterly corner of the tract herein described; THENCE, 5 60 deg. 57' 50" E, 35.52 ft. to a 5/8 inch iron rod set for central easterly corner of the tract herein described; THENCE., S 29 deg. 02' 10" W, 320.00 ft to a 5/8 inch iron tract herein described; THENCE, N 60 deg. 57' 50" W, 43.77 ft. to a 5/8 inch iron rod set for interior corner of the tract herein described; THENCE, S 29 deg. 02' 10" W, 110.00 ft. to a 518 inch iron rod set for southeasterly interior corner of the tract herein described; set for easterly corner of the THENCE, S 60 d of the tract herein described; THENCE, S 29 deg. 02' 10" W, 362.06 ft. to a 5/8 inch iron rod set for the southernmost corner of the tract herein described and being in the arc of a circular curve to the right having a central angle of 12 deg. 28° 44", a radius of 1074.50 ft. and a chord bearing N 72 deg. 13' 56" W, a distance of 233.56 ft.; THENCE, along the arc of said circular curve to the right a distance of 234.02 ft. to a 5/8 inch iron rod set at the point of tangency; THENCE, N 66 deg. 00' 24" W, 312.15' to a 5/8 inch iron rod set for southerly corner of the tract herein described; THENCE, N 29 deg. 02' 10" E, 310.13' to a 5/8 inch iron rod set for interior southerly corner of the tract herein described; THENCE, N 60 deg. 57' 50" W, 110.00 ft. to a 5/8 inch iron rod set for centra[ interior southerly corner of the tract herein described; THF.NCE, S 29 deg. 02' 10" W, 20.00 ft to a 5/8 inch iron rod set for southwesterly corner of the tract herein described; 57' 50" E, 240.00 ft. to a 5/8 inch iron rod set for southeasterly corner THENCE, N 60 deg. 57' 50" W, 448.00 ft. to a 5/8 inch iron rod set for the westernmost corner of the tract herein described in the northwest boundary line of said Lot 20., Section 22 and southeast boundary line of a 42 ft. wide drainage easement described by instrument recorded in Volume 2035, Page 655, Deed Records of Nueces County, Texas; THENCE along the northwest boundary tine of said Lot 20, Section 22 and said Lot 13, Section 22 and northwest boundary line of said [83.86 acre tract N 29 deg. 02' 10" E, 685.00 ft. to a 5/8 inch iron rod set for the northwest or northernmost western corner of the tract herein described and westernmost earner of a City Park as shown by said plat of Cimmaron Ranch 'Unit 1; THENCE, S 60 deg. 57' 50" E, along the southwest boundary line of said City Park and southwest right -of --way line of Rock Crest Drive, st distance of 400.24 ft.. to a 5/8 inch iron rod set for central interior northerly corner of the tract herein described and southernmost right-of-way corner of said Rock Crest Drive; THENCE, N 29 deg. 02' 10" E, 90.00 ft., along the southeast right-of-way line of said Rock Crest Drive to a 5/8 inch iron rod set at the point of curvature of a circular curve to the right having a central angle of 90 deg. 00' 00", a radius of 10.00 ft. and a chord bearing of N 74 deg. 02' 10" E, a distance of 14.14 ft.; THENCE, along the arc of said circular curve to the right, being along a southeast right-of- way line of said Rock Crest Drive, a distance of 15.71 ft. to a 5/8 inch iron rod set for interior centra{ northerly corner of thee tract herein described and southeast corner of the right-of-way of said Rock Crest Drive; THENCE, N 29 deg. 02' 10" E, along a southeast right-of-way line of said Rock Crest ©rive, a distance of 50.00 ft. to a 5/8 inch iron rod set for north central interior corner of the tract herein described and southeast right-of-way corner of said Rock Crest Drive and being in the arc of a circular curve to the right having a central angle of 90 deg. 00' 00", a radius of 10.00 ft and a chord bearing N 15 deg. 57' 50" W, a distance of 14.14 ft.; THENCE, along the are of said circular curve to the right, being along an easterly right-of- way line of said Rock Crest Drive, a distance of 15:71 ft_ to a 5/8 inch iron rod set at the point of tangency; THENCE, continuing along a southeast right-of-way line of said Rock Crest Drive, N 29 deg. 02' 10" E, 90.00 ft. to the POINT OF BEGINNING. AFTER RECORDING RETURN To: David L. Smith 5350 S. Staples St., Suite 407 Corpus Christi, Texas 78411 Doc. elal04844346 MPsges A 8A/26/2894 84:33s59 AM Filed i Recorded in Official Records of NUECES COUNTY DIAW T. $ARRERA COUNTY CLERK Fees $27.88 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instn,mentwas FILED in Fee Number Suouence can the date and at the time stamped herein by roe, and as truly RECORDED. en the Otroai Public Records of Nieces County. Texas ODUNTYCIERK Arp,c,etuilstorrIteselroritath-restrIbtePillirefriza HUMES cowry, rags aeii$tmn;emitt;et+fdAfo QrrPaE0itourtot. 89 lar itdcand Uniafoittiante under p ftAi-1 ' MPM Homes, inc. ,s es 1t ostM 11 asi. April 26, 2016 361-77-4-3R32 MPM Development, LP is the owner at Royal Creek Estates Unit 7. l Mossa (Moses) Mostaghasi authorize on behalf of MPM Development, LP for the development of Royal Creek Estates Unit 7 ossa (Moses) Mostaghasi PO '&0,K 331 AO C yTt ill it ,.St ., TX 4 FAX: 36.1 -20R -7-C702 City of Corpus c Christi Wiuniso DISCLOSURE OF INTERESTS titor Carpus Christi, Texas Department of Development Services PO Box9277 Corpus Chnstt Texas 78469-9277 (361)826-3240 Located al 2406 Leopard Street (Comer of Leopard St and Pon Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: Corporation 0 Partnership 0 Sole Owner 0 Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NA Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi Title: General Partner (Print) Signature of Certifying Person: Date: 8/1/17 A hEVELOP\iENTSVCSLSIEARED'I. aND DEVELOPMENTORDINANCE AOAIINISTRATIONIAPPLICATION FOR?ISIFOR.US AS PER I.EGALV01:4DISCLOSURE OF INTERESTS STxTENIEN71 27 1: DOC 4ratitiledisS=r Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 11DEVELOPMENTSVCSSHAREDILAND DEVELOPAIENfOROINANCE ADMINISTRATIONAPPLICATION FORMSSOR.MS AS PER LEGAL120121DISCLOSURE OF INTERESTS STATEMENT! 2712 DOC Exhibit 5 Page 2 of 2 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement for Royal Creek Estates Unit 7 City Council Presentation October 17, 2017 Aerial Overview t N Background • MPM Development, LP. is requesting a reimbursement agreement for the construction of a grid main line in the amount of $ 109,354.20. • 1187 linear feet of 12 -inch watermain extension is proposed with the residential subdivision development. • The proposed 12 -inch watermain extension conforms to the Water Master Plan. Site Plan • 1.10 q5 12" Watermain __ ._... — r.IEY v6TCANA ]� i.v¢rrr 5e ..n r.rw nrn . mo-nc 4 Staff Recommendations Staff recommends: • Approve the proposed reimbursement agreement. Forms provided by Texas Ethics Commission www.ethics.state,tx.us ersion V1.a. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-243844 Date Filed: 08/01!2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Development Services 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Royal Creek Estates Unit 7 Water Reimbursement Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check if there is NO Interested Party. only El 6 AFFIDAVIT 001111110/N I swear, or ``c A S T�0 "4�, �� QtiP QUBtic.,' '� affirm, under penalty of perjury, that the above disclosure is true and correct. :. y mac:' Signature of authorized agent of contracting business entity :-0•' $TATE�Q�:'O�: AFFIX Nt`�ff4RY STA1+1P3!lA,s`'ABOVE Win in I i woo' Sworn to and subscribed before me, by the saidAMAX5�'±� , this the day o1 , 20 f-1 , to certify which, witness my hand and seal of office. 5 CAM-yo 140Public 1-ifk- --- .1, r~ — that Signature of officer administering oath Printed name of officer administering oath Title 0 officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us ersion V1.a. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 24, 2017 Second Reading for the City Council Meeting of October 31, 2017 DATE: September 29, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Rezoning Property located at 5842 Yorktown Boulevard (3/4 vote required) CAPTION: Case No. 0917-03 Mostaghasi Investment Trust: A change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. The property is described as being Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. PURPOSE: The purpose of this item is to rezone the property for the construction of a retail shopping center. RECOMMENDATION: Planning Commission and Staff Recommendation (July 26, 2017): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "CN -2" Neighborhood Commercial District. Vote Results: For: 4 Opposed: 1 Absent: 3 Abstained: 1 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District for construction of a retail shopping center. The proposed rezoning is compatible with the Future Land Use Map, as well as PIanCC and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. During the Planning Commission hearing, discussion occurred due to public comment of the potentiality of constructing apartments. A representative of the owner reiterated that apartments would not be constructed and the development objective is a dialysis clinic and a retail shopping center. The "CN -2" District was mentioned as a potential compromise as the zoning district limits the number of apartments to 15 units per acre compared to the "CN -1" District which allows 37 units per acre. However, according to the Unified Development Code (UDC), if the property fronts upon a designated arterial street as it does upon Yorktown Boulevard, the density limitation is 36 units per acre. A representative of the owner is willing to accept the "CN -2" District as the district also allows medical clinics and retail shopping centers by -right. The Planning Commission has recommended the "CN -2" Neighborhood Commercial District. City staff is in agreement with the applicant and the Planning Commission, therefore we have amended our staff recommendation. A previous zoning case requesting the "RM -1" Multifamily District was withdrawn by the applicant for the same site in January of 2015 for the purposes of constructing 128 apartments. Opposition within the notice area was 27%. ALTERNATIVES: 1. Deny the request. 2. Approve the "CN -1" Neighborhood Commercial District. (Requires 3/4 vote) OTHER CONSIDERATIONS: The case is considered controversial as we have received 27.75% opposition. Approval will require a super -majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map, PIanCC, and the Southside Area Development Plan. The difference between the "CN -1" and "CN -2" Neighborhood Commercial Districts is minimal. The uses of a medical clinic or a retail shopping center are both allowed by - right in either district. Both district require increased rear yard setbacks due to adjacency to single-family homes. Additionally, both districts would be required to have a minimum 10 foot rear buffer yard along with a minimum of 10 points as per the Unified Development Code (UDC). The few differences between the "CN -1" and "CN -2" districts are dwelling units per acre in residential applications and minimum open space requirements in commercial applications. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "CN -2" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval to the "CN -2" Neighborhood Commercial District, and on Tuesday, October 24, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard (the "Property"), from "RS -6" Single -Family 6 District to the "CN - 2" Neighborhood Commercial District (Zoning Map No. 044031), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust.docx Page 3 of 3 RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Ordinance amending the Unified Development Code ("UDC"), upon application by Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to Kings Point Unit 6, Block 1, Lot 1, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Mostaghasi Investment Trust ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval to the "CN -2" Neighborhood Commercial District, and on Tuesday, October 24, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Mostaghasi Investment Trust ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard (the "Property"), from "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District (Zoning Map No. 044031), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust - CN1.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-03 Mostaghasi Investment Trust\Council Documents\Ordinance_0917- 03_Mostaghasi Investment Trust - CN1.docx Page 3 of 3 RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Zoning Case #0917-03 Mostaghasi Investment Trust From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District City Council Presentation October 24, 2017 Aerial Overview Vicinity Map Subject Property at 5842 Yorktown Boulevard N Zoning Pattern Future Land Use Map ) Medium Density Residential I= Commercial Permanent Open Space Public Notification 41 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area Opposed: 33 (27.75%) *Outside 200' Opposed: 21 In Favor: 0 1 Planning Commission and Staff Recommendation Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN - 1" Neighborhood Commercial District, in lieu thereof Approval of the "CN -2" Neighborhood Commercial District. UDC Requirements Buffer Yards: "CN -1" to "RS -6" Type B: 10' & 10 pts. Noise: 7' Wall Street: 20 feet Side: 0 feet Rear: 2:1 Setback (height) Parking: 1:250 Sf. Net floor area Uses Allowed: Retail, Offices, Apartments *Bars/Nightclubs Not Allowed PLANNING COMMISSION FINAL REPORT Case No. 0917-03 INFOR No. 17ZN1030 Planning Commission Hearing Date: September 20, 2017 Applicant & Legal Description Owner: Mostaghasi Investment Trust Applicant/Representative: Mostaghasi Investment Trust Location Address: 5842 Yorktown Boulevard Legal Description: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area: 6.85 acres Purpose of Request: To allow for the construction of a retail shopping center. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "RS -6" Single -Family 6 Vacant Commercial North "RS -6" Single -Family 6 Low Density Residential Medium Density Residential South "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Low Density Residential, Public/Semi- Public, and Commercial Medium Density Residential, Government and Commercial East "CN -2" Neighborhood Commercial Commercial Commercial West "CG -2" General Commercial Commercial and Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the adopted Future Land Use Map which calls for commercial uses. Map No.: 044031 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 760 feet of street frontage along Yorktown Boulevard which is designated as an "A3" Primary Arterial Divided Street and approximately 394 feet along Gingerberry Drive which is designated as a Local/Residential Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Yorktown130' Boulevard "A3"Primary Arterial ROW 79' paved 130' ROW 103' paved 14,279 ADT (2013) Gingerberry Drive Local/Residential 50' ROW 28' paved 63' ROW 43' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District to allow for the construction of a retail shopping center. Development Plan: The subject property is comprised of 6.85 acres and is proposed to be a retail shopping center. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and is vacant land. To the north are single-family residences (Kings Point Unit 6 Subdivision) zoned "RS -6" Single -Family 6 District. Kings Point Unit 6 Subdivision was zoned to the "RS -6" Single -Family 6 District is 2005 and the homes that share a property line with the subject property were constructed between 2009 and 2011. To the east, rezoning cases occurred to the "CN -1" Neighborhood Commercial District in 2014 and the "RS -TF" Two Family District in 2004 for the construction of a small shopping center. To the south across Yorktown Boulevard a property was rezoned to "CN -1" Neighborhood Commercial District in 2015 for the purposes of a funeral home. Additionally to the south are single-family residences and a church (Kings Crossing Church of Christ) both zoned "RS -6" Single -Family 6 District. To the west a rezoning occurred in 1984 to the "CG -2" General Commercial District and has remained vacant except for commercial development at the intersection of Yorktown Boulevard and South Staples Street. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed Staff Report Page 3 rezoning to the "CN -1" Neighborhood Commercial is consistent with the Future Land Use Map, the Southside ADP, and PIanCC: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Support the separation of high-volume traffic from residential areas or other noise -sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and is a remaining "RS -6" Single -Family 6 tract and has never been developed. • Surrounding properties have been rezoned within the past twenty years indicating a pattern towards neighborhood commercial development. • A zoning case requesting the "RM -1" Multifamily District was withdrawn by the applicant for the same site in January of 2015 for the purposes of constructing 128 apartments. Opposition within the notice area was 27%. • If the "CN -1" Neighborhood Commercial District is approved, the retail development will still need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the "CN -1" District does not allow bars, pubs, taverns, or nightclubs. Staff Report Page 4 Planning Commission and Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, in lieu thereof approval of the "CN -2" Neighborhood Commercial District. Vote Results: For: 4 Opposed: 1 Absent: 3 Abstained: 1 Public Notification Number of Notices Mailed — 41 within 200 -foot notification area 4 outside notification area As of September 20, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 33 inside notification area — 21 outside notification area Totaling 27.75% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2017\0917-03 Mostaghasi Investment Trust\PC Documents\Staff Report_0917-03_Mostaghasi Investment Trust.docx RS -TF Datkaeated: 8/212017 PreparedyBy:JoannaS Department of.Developme`nt ,ervices CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home FM -43 SUBJECT PROPERTY gv _—FM -2444 N v9 LOCATION MAP 14 City of Corpus Oso, Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, 9u r1ienvn la intencion de asistir a esta "unta •ue re►uieren servicios es+eciales se les su+lica +ue den aviso 48 horas antes de la junta llamando al departamento de servicios de desarrollo, al n(imero 361 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting, Si usted desea diriciirse a la commission durante la junta v su inoles es limitado, favor de Ilamar al 1 der artamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interorete ser oresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaqhasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family Residential District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance wlth the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name:_ Address: ( ) IN FAVOR (v)1FJ OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 0 City/State: C Phone: [RC1] i Case No. 0917-03 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com HS POSTAGE )»PIrNF_YBowts 0 City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 eliiMilaalmetWAIESIbto 1i Corpus Christi, TX 78414 " AIBIBMNSINCeil (44, 1ov a 111MMISMi Jr 11P 78401 $ 000.46 ., 02 41,7 • 00003,406 17 AUG 24 2017 CASE: 0917-03 SUBJECT PROPERTY WITH ZONING Subject CLoil Pmperty R111 1lwwsmly 1 R113 M01UIsmp 1 RA.] WIlI..nPy1 ON Pr0hlals.sl office RMI Y.IINsmly A7 CN.1 Ns1P0Pmneea Camm.R1.1 CN-] I1•I0110gheed Csd1TsnNl CH.1 R.es. Camm.rclel C1.1 Rued commercial CO.1 Omani Cadmelclsl C0.] General CsnlnnWl C1 In1.na We COmmerosl C00 oe.rw.r Comd.ra41 CRJ r... ,, lwnerelal H P..m 1mM N NlderlsPiss \P luslneas P111 ▪ ignl lned.lnu 111 Nary Ind1.4l.l POP Plenn.d Unit O. O..Hsy R S.10 1ln01..P.mll7 10 1u singl.s.mlyt RS -13 Sln51 -Pemly t { 15.7P jIYePam111 15.11 5.151.5 ,.Iy11 N E 1.1wnUalE1Ial 15.Th To.,.neale 51 Noels' Persil NV P.anaUPn.l NONNI Pale sum isanuhdsad Home Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, ciue tienen la intenci6n de asistir a esta junta v ciue renuieren servicios especiales, se les suplica oue den aviso 48 hares antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a la commission durante la junta v su inciles es limitedo, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presence durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaqhasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family Residential District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name:_ 0- A- r -v kLri Address: 7 5 0 5EiceA-eic_ ( ) IN FAVOR IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 0 Sig City/Stated Phone: grv[ 8(3-3(113 Case No. 0917-03 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Deveiopment Services Dept. p.O. Box 9277 Corpus Christi, Texas 78469 tieBIANZAMMEMfflow Corpus Christi, TX 78414 U. POSTAGE j) PITH Y BOWES t q v. , ZI7r6140i $ 000.46° 0000340617 AUG 24 2017 7=r4 CG -2 Rs - , *4 r4 I itiottf Piv4P Aor � Oved:nerd d OFnlepr CASE: 0917-03 SUBJECT PROPERTY WITH ZONING MI Subject Properly R11-1 110111188031 1 Rlla N.IOh1ny3 RWI WRII.My3 ON 131818•31801 Offle• RNAT YY101.myAT CN -1 N.rphbmh..n Contes.831•1 CM 1 N.Ipllb.m.od C.n.n.rtlrl CNA 01.081 Comm rehl CR.1 Resod Cemm.rc101 G G.1 G.Nr.l C.mm.rcW Cad 0.08801 Cwm00e01 C1 080808 CONNnereul CRO o.rr.lnwn C.mm.rthl CRd R..N C...noeeill FR Fmm Rani 11 Nhl.Ne 0180np RP r..Nrl.. Pem IL Llpmindu.IRel IN Nw.F h...tn.1 PU0 P18801 4411 O.. 0.800 103-10 11861..F.4I0 11 RSJ eb111..F.mpy 1 111J.3 11 ph.F.nl4T d 1 RS -17 Two/.mlryr 111.11 S n h-F*81y 11 RR .113•108011•1 8880 RS TH Townh.u.. }P 31=481 44480 RV R.880000..1Y.hIel. P. MIN M.nubel.r.d Nom. # susJErr I• PROPERTY dr d 'LOCATION MAP J a City tir Curpus Christi Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intenci$n de asistir a esta iunta v oue reauieren servicios esoeciales, se les suolica aue den aviso 48 horas antes de Ia iunta Ilamando al departamento de servicios de desarrollo. al ntimero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante Ia iunta v su inQIos es limitado. favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un inti rprete ser Dresente durance la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Loris Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name �i A/ Qct �Av— Address:C`3 ' O L Dr-. City/St te: C .� • ie -ie -K8 "( f ( ) IN FAVOR IN OPPOSITION Phone IBJ REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 1 Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.com Printed Name: 1 "(oit ill" Address: Dti ?1 Iwtnd Or. C.btti ug (,li i c City/State: -rx ( ) IN FAVOR ( k ) IN OPPOSITION Phone: 361 u qy3—,Y 11+ REASON: DAmy kcpui Se5 ky Ghue Signature / SEE MAP ON REVERSE SIDE INFOR Case No.:17ZN1027 Property Owner ID: 9 ao d (&k$. Case No. 0917-01 Project Manager: Andrew Dimas Email: AndrewD2@cciexas.com Andrew Dimas From: Upchurch, Jonathan <Jonathan.Upchurch@fhr.com> Sent: Thursday, September 14, 2017 3:04 PM To: Andrew Dimas Cc: msbowevil@yahoo.com; Upchurch, Jonathan Subject: FW: Re -zoning #0917-03 This email is to state my opposition to the latest re -zoning attempt of the property at the corner of Gingerberry and Yorktown. As a property owner on Gingerberry, I am concerned at the volume and speed of the traffic that already travels along it. This road is the major artery for all of the neighborhood homes and is used by a great many people as a cut through between Yorktown and Lipes and to the middle school and high school. As it is, my wife and I have already have had close calls with people speeding through and not allowing for residents to slow down and pull into their own driveways. If I want to back into my driveway, I have to pull over and wait for a window of opportunity that sometimes takes several minutes. Adding an additional 150 residences at the end of what is already an overburdened and unsafe residential street would be harmful to the homeowners and their families in that area. Please stick with the zoning as it was originally intended and do not approve re -zoning. Sincerely, Jonathan Upchurch 7302 Gingerberry Dr Corpus Christi Tx 78414 910-512-6762 1 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas coni cldades. egg tienen la intenci4n de asistir a esta Junta v aue requieren servidos esPeciales, se l erica aue den aviso 48 a d = la n r I am : nd. = de ,.:.. r m 1tt ' si r,. $ . , _.:. �.m sc. 1 • If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la [unto v su inches es Iimitado. favor de (lamer al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitor un intororete ser aresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaphasi Investrrflt Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the N-1" Neigh ommercl I n resulting In a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20.24171 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, mis FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commisslon By -Laws, no discussion shall be held by a member or members of thls Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. ,l iI Printed Name: 3a IA*E'l L� • L(L',(.«(---- Address: /6-'0 �'L&tin, (,t' City/State: CO itS CG�+rt,S�il TX ( ) IN FAVOR (4N OPPOSITION Phon %) P71,4 -03 7 REASON: Sigtura SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: t1 Case No. 0917-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.c om Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incarfa`cidades. oue tienen la intention de asistir a esta iunta v aue reauieren servicios especiales, se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nCimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta y su incMs es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Loris Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name: 2L)(N F12 .t c}( 5 Address: 4126 WrcrD F(e_e b2. City/State: CO e f4S GI-/)STf , -1 ( ) IN FAVOR (4N OPPOSITION Phone:6 1.) 9,Fe6 - 0 C4ce€ REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner DOW Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen Ia intention de asistir a esta iunta v aue requieren servicios especiales, se les suplica aue den aviso 48 horas antes de fa lunta Ilamando al departamento de servicios de desarrollo. al n imero (381) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours In advance to request an interpreter be present during the meeting. Si usted desea diriciirse a Ia commission durante la iunta v su inal$s es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia iunta para solicitar un intomrete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: LI ' Address: l—'i / c S' s at-/� Tcz- ( , City/State: . C� . ) IN FAVOR IN OPPOSITION Phone: A4, 1 r 7h - (5 w7 REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: >� Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. slue tienen la intention de asJtir a este Iunta v aue reauieren servicios especiales, se leg suplica aue den aviso 4$ Nigras antes de la iunta Ilamando al deoartamento de servicios de desarrollo, 81 nOmero (361) 820-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si listed desea diriairse a Ia commission durante Ia lunta y su insilos es limitedo, favor de Ilamar al deoartamento de servicios de desarrollo al ntimero (361) 826-3240 al menos 48 horas antes de Ia iunta oara solicitar tin interprets ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerber y Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENT1RETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277. CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by Tetter. • Printed Name: "Z_ Address: 5r7t`77c=a- 2, vat City/State: ( ) IN FAVOR (k) IN OPPOSITION Phone)14='4 14 - REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 110 Case No. 0917-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la lntenci6n de asistir a esta iunta y aue reauieren servicios esoeciales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la Junta v su inales es limitado. favor de Ilamar al departamento de servicios de desarrollo al niumero (361) 826-3240 al menos 48 horas antes de la Junta para solicitar un interorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m;, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone calf or by letter. Printed Name: 4-6IL1 VV ti i If &n' S Address: L R t.d(O In- S tr ( ) IN FAVOR (‘().iN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: air Signature City/State: ( Ot-L5 ii(s Phone: to 30 -gCtl —icS7t Case No_ 0917-03 Project Manager Andrew Dimas Email: andrewd2@cctexas.com Orating to attend this meeting, who may require special services, are requested to contact Department at least 48 hours in advance at (361) 826-3240. Personas con incaolcidades. rvicios e i fea. ssigS tfu l cue den aviso Q rr•lli -1 n'm 0_001) 826-324o. _- 1.- F111_JLI. t1 1. Wei to address the Commission during the meeting and your English is limited, please call the Development pOpeartroo+t *t (361) 826-3240 at least 48 hours In advance to request an interpreter be present during the is junta You t ±3 lirrtitadtl fwvpr deliarnig lrn .. s - -r **tar tka ttty ! L_L1 '_�..#.','..•- •a.i�.'Li:-K.:1! li 11:1!1 7.11312.'1_ L- L .L CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 has petitioned the City of Corpus Christi to consider a change of zoning to the "CN -1" Ilahborhood Commercial District. not The property to be rezoned is described as: KIM* Pt int Unit 8 Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of GITI9erberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Sial Penmit. Approval of a change of zoning, if inconsistent with the City's Corner Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20. 2017, one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council 1201 Leopard Steel You are invited to attend this public hearing to express your views on this IIROntng request. For more information, please call (361) 826-3240. TO OE ON RECOFtD, THIS FORM MUST BE FILLED OUT, SIGNED -BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 17. ANY11ON PROVIDED BELOW BECOMES PUBLIC RECORD, EITOTE:accT tArNi1tha P .- . i" Planning Commission By -Laws, no discussion shall be held by a memor members of pa this Ceasnitorien wlth an applicant or appellant concerning an application or appeal, either at home or office, or in person, litispilcine cell orby Prircloct Name: ) IN FAVOR Nr� 'idi s 1 Shiad 1/(;1Iis City/State: CA rp c hr � 1 T' OtIN OPPOSITION en4 .-e vareqd je1 e vA 1 ueS 4h,„c� Phone: al- 38D -79C MAP ON.,REVERSE SIDE Case No.:172Nt030 Ormer ILi: lir Case No 0917-03 Project Manager Andrew Dimas Email andrewd2@Cctexas can &NAM DOWdelnell, Wit 414 hors In warm el (3611•21-3010 �ryir.Trri to y... ... r+'J4r: bpi.--:. _• veetalloott Cxierrtesion Onto t "meg me is kneel. nein dfinw ) et til b Nueis a ten••,r• ID myna a[ + eveoceor be wow Owing tr+. J i 14...4. . ' J CRY PLUM* COMINSSOON eilaucNEAlw(43 NOricE Roaming Case No. 1,17-03 hoe poinenni ih City d Corpus Cate to °anew a *woe of tonna • 6361 properly t be monad s denoting as Peke WI G. Mack 1, Lot 1. UMW on the north side of Yorktown Boulevard, east of Delve and w Loon Ominveniennieynnoweverrall lo City Cotard) ippr rii a denial a eopncrwo of a1 intentredlite dielleacallon index Ascii Penne. .roprovet of s change d zoning, e7 inaonia me w#4 the (Ws Ann. gill aIle hive the Went int 1sviOradirg the Pian a WWI lie eonroved .Ai 14'y The F'kerwiing Corooleneri oviduct a publla hewing far )his ram mama to stag ena lormulase recortireendeben a the t ly Coma The pubic heartnq WI b. Fired on lir. agatenlygg 212.2017, one a the Fleming Cearthiseiall MOW rtewith trsgm ei ;Jim, in the City Could 1201 Leopard Street. You *a fended to .atm 1#1 Mk hearing to atptess your virus on that initreng menet For mew* Infonnetan Ones* col (301) 422424o. oh wow ma RIM II1L T alb FLLED OUT SLED BY CSM PorrOPoriv ornitim MO Waco de 111 Itt AVM TO NE CIEVELOMEMTszgMM4 s O€PmTlamt. P O 00* 1277. c;oPou3 Dalai TEXAS Irldiel6 W77` ANIVONFORIM111011 POOV p MOW tin's PtAUC IIDiI' Ali Pl going C_pi idea eV•t ns. no innoneion sAoll be Mel by a ;iw nieaarrs or Guvrinernius fir• a! wawa coded application s�M. .n w► sppattar ed harms a Moe. or in psernq, M POsted Wow 5 IN FAVOR oPPOsmoN calesoie,"_cogegLitilLIZZR Phone3 31�r3Yo 679 rile 17001,30 10 Cass ?to..eii17 O3 PJojaa ktracer Arxis'w Onus Egret sfearira7t .a.xarn a , eten anatase Oeveeemian 1t.emeer. sot yoz Er.* ts Penick alma tea p Ovadiasime Oneetinelt 1C11042140 at Wm &Etyma In aat4wea anima an fopsyan ea armee neve On 1 Vry-Tbri rYPLANNING COININSSION MINX NEARING NOTICE Razed?! Cilia No. 091743 hula Falliceed eve COPS COrrgui Ctram toreider a charge of ankoa • to Ise tizticifogketwartairiffoonalkvado. The imam tO be rearect clainten es naps Peke Ude 11. i. Lot 1, tocaltett on the meth sic*�l Yorktown Eloulerfart east Of etnitarbenV Woo ant moo of Loeb liotalearot T Poong Getielleolon isteyreexetriond 10 Cry Ceunat aoaroval or clan*. Or sopyvol Of an Monahan' wary cleselleanan rittlko Swett Ponta Ammo] of a thong° ed zoning .1 monsieteht "Mk the 010 Ctewrentalette Pt e hove be WWI irrnprorg iho Comprehonteie Pion to ;Ow the mop -oiled The PltelUngi Contfailenh *St oCrOuct a public hearkr ing eon rennin; request so down and icfrautato raccurenendlekel lb foe Oty Mulct The pubic hoeing som bo hetd on Welropeilm. Ilootetybof 2S1T dein of the Ftennikej Commtays maw famistiva., which bo Dro et *.313 DPI.. In Oty Owes Oketebers. 1201 Leopard Sheet Ybu are tensd to enerel Fa public hstolv, to eioresa yote views cm this 11001111,4; 109,1101. For Moe fralOrnanDerr. *oft 0011 pet )12642A0 Pteni mai niChisitioga„ asONED O Ng CURRENT PeOl3fRTY CO00."11 ANO 111.#410 r$ Dawrif 10 no DEVELogsana seireaS DOWIrrlaDWF P 0 MU tall, =new CHEM 1EXA5 Mae& Miy 0.01111.4110P4 Men= BELOW warms PUBLIC RECORD erOmo4w4iiii ilIhroang Coninlailon Oplows, no dinnookr than An he by o nonsbar or ronobors of Calmoilindoo silo apt opplisoni or appollarn oranorrnag an nacicinion or aroma ear 14 Miro w eft', or In parses% OnliapProno WblslII V a 4 (LLA A'flA&t(4, 5egti *144- 1114 dL *FAVOR $& OPPOSITION kfiriP REVeltiE SPCIE Ai& 17210030 a ,153- ostabli:emp.‘ CnizisV prone w/ Coao tio,C0 IUD Project Weiner kfIrmawywis era sradrwarlic *ma trett • alionit amore. nay mute email emelise: lee (.100 =MU Strami Dapoilastal al Wel 43 tom its ohm= (361) 0213-3240 otormim tilidasol theCoarommia &OraI a PR,at pm)gogaLs 4and y 1100 :Iyreae+tl h h tae Ow 01, Jill Joja a la tn4 in Airminaiw ea axe &Ong the 'mit Ai 4 j1 11 CITY PLANNING CO* PURLic NEARING NOTICE Razoning Case 0917-03 boo pollionad Val Cityo Corp*to coroneracharged xottfrp • - property as KM* ilkoloo Unit1 Mod' i. Lot f. IOrdrd on the north slam of Yorktown Dm levacaewe o1 fbingerlierry Diem lad wet of Lore ilectievird, 10 Clay Council sppre* or deist. or app ani of en Intennedelle feadloilian a Spend AWOL Approol of a change of miry, d irearelelent eat the Orys Mrs. off Olio heft the Wed at etnentlixf tho Corrorshanpoo Ran b rstie4s fro someed 1:11Enneas Colreektekin eel conducts put homing for tis request lo dawn and rlamute a to the ally Council The mbric Marry arill bob Nib on Viodovarptc. elle !f ell % , toich bu re►c CourpOl 1201 Leopard &ro t, You aro lrn1ssd to Boom tCid pubic hsretip L)osproca yOur vi ew* on eta POW** for roars k *ISO tad 4381) AM240 •momOtinEC011a fOlgai MUST SE cladrxrr setrago or nig (VW pROPE rr+r t No uta Ito fl$ EMMY TO i?! DEVE.OPICKt somas OEPARtuktcr, P 0. One OOTrOpleaus CAlkoin 1EXAS Mato - WI ANY OfOilliallOat WORM OWN, orICOIAE, mom RECCnia I fw FatraingIiwMn Opl.soi, no Mom., Own4e hrW1trf■ armor aitiemberd at Cw.olowilww* awa*trewr ar aprostiwd co c.nyap en wwdragido Of dowel, diner id or wicker ks penkea, Seleeemet eel et *kw Address: . 5f A'v€A OfLL/<d 1N FA 4 I+ Cr'c, tot rZi‘uo30 Wit. Prier* 160 the Development Services Department at least 48 hours in advance at (361).826-3240. Personas 00n incepacidades, •ue tienen la intention de asistir a este `unta ue re.uieren servicios es•" iales, se les su+lica aue den also 48 horas antes de la junta Hernando al departamento de servicios de desarrolle al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri.irse a la commission durante la 'unta su in les es limitedo favor de hamar al departarnento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete ser preserite durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use N___1_42,. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE; in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Oar° Printed Name: 1 jj Address: 0 1l Ye- 110 ( ) 1N FAVOR ()() 1N OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: leak City/State: CYpU.? 0 TX 36I Phone: Case No. 0917-03 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intencion de asistir a esta junta Y que rsauieren servicios especiales se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y al irides es limitado,_ favor de Hamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete s.erpresente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single-Farniilr 6 District to the "CN -1" Neighborhood Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday1September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 530p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO 8E ON RECORD, THS FORM MUST SE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: QTAi4 LAC\ -s\S T- " 1, ( ) IN FAVOR City/State: IN OPPOSITION Phone: REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: IlDi Case No. 0917-03 Project Manager. Andrew Dimas Ernail: andrewd2[mcctexas,c orci the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacklacies, due tienen la intencinn de asistir a esta junta y cue reouieren servicios especiales, se les sipiica clue den aviso 48 horas antes de la "unta tlamando al de • artamento de servicio de desarrollo - Humero • 1 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriOrse a is commission durante la junta Y su ingles es limitado, favor de Hamar al d- • - - ento de sery i • s de desarrollo al num - ro 361 826-3240 al menos 48 horas antes del . -un - . - . solicitor un interorete ser oresente ¢urante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial^District, not resulting in a change to the Future Land Use Maw. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wedneesdav, September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street, You are invited to attend this public hearing to express your views on this rezoning request. For more inforrnation, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78489- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: ,15k. '5‘)5UPI. U Address: (J �i1603101 ( ) IN FAVOR IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: fb City/State: C.,1 Phone: n ~ , —044/ 4/ Case No. 0917-03 Project Manager Andrew Dimas Email: andrewd2@cctexas.com the Development Services Department at least 48 hours in advance at (361)826-3240. Personas Can inca cidades true tierien la intenctcin de as' "r a ;, ta .unta ue r-• 'eren servicios es• se les . Ica • e den avisa 48 horas antes de la tunta namando al deoartarnento de servicios de desarrollo, Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dir sirs - la commission durant la 'unto su i .les - limitedo favor de hamar al de = mento de servicios de desarrolio al num - 361 826-324al menos 48 horas antes de I . 'un • . ra solicitor un 4nterorete ser iresente dui -ante la iunta. ro CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaajihasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" sinele-Family 6 District to the "CN -1" Neiahborhvod Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Loris Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of achange of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesdav, September 20. 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Conunisslon with an applicant or appellant concerning an application or appear, either at home or office, or in person, by telephone call or by letter. Printed Name: Address:5 ? �-City/State: e Aitt),"1- '-ter C Phone: 36/ -/ 3 ? 92 / J IN FAVOR (1OPPOSITION REASON: SEE MAP ON REVERSE SIDE I N FOR Case No.: 171N 1030 Property Owner 10: la Case No. 0917-03 Project Manager Andrew Dimas Email: andrewd2@cctsxas.corn the Development Services went at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. ue tienen la intencion de asistir a esta 'unto •ue r- •uieren servicios es cafes se les su+ Ica•ue den aviso 48 horas antes de la junta ifamando al departamento de servicios de desarrollo. of niimero (361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta Y su ingles es fimitado, favor de flamar. al departarnento de servicios de desarrollo al numero (361) 826-3240 at rnenos 48 horas antes de la junta para solicitor un interprete serpresente durante fa junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" single -Family 6 District to the "CN -1" Neighborhood Commercial District not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lode Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Primed Name: Q , r &y Address: 07- K):\ VO City/State: Cor kt ( ) IN FAVOR ( } IN OPPOSITION Phone: '3C11 00.0 t 'b REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner ID: 1111, Case No. 0917-03 Prod t Manager Andrew Dimas Email: androwd2@cctexas.com the Development Services Department at least 48 hours in advance at (381) 826-3240. Personas con incapacidades, aue tienen Ia intencion de asistir a este iunta v cue reoLjjelen servicios f soecialee, se les suplica cue den aviso 48 horas antes de la 'unta llamando al deartarnento de servicio de desarrollo al nOmero 361 826-3240. if you wish to address the Commission during the meeting and your nt Services Departmeat 48 hours advancae meeting. Si ustedl deseaat(361) dirig826-3240irse a Ia comleastmission+ durantein is 'uni de+artamento d servicios de desarrollo al niimero 361 826-3240 al un interprete ser oresente durante la iunta. English is limited, please call the Development to request an interpreter he present during the a su in les -s liimitedo favor de hamar al rnenos 48 horas antes d - la unta + ..ra solicitar CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-03 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" sing e-FamiIv6 District to the "CN -1" Nei hborhood Commercial District not resulting in a change to the Future Land Use Maw The property to be rezoned is described as: Kings Point Unit 6, Block 1, Lot 1, located on the north side of Yorktown Boulevard, east of Gingerberry Drive and west of Lorie Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. SOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. P irrted Name: Address: �- p -A),Q3\i‘l O.( ( ) 1N FAVOR (Y) IN OPPOSITION REASON: Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1030 Property Owner €D: Mb City/State: Cl ' 4 ( 4 Phone: Case No. 0917-03 Project Manager. Andrew Dimas Email: andrewd2@cctexas.corn AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 24, 2017 Second Reading for the City Council Meeting of October 31, 2017 DATE: September 29, 2017 TO: Margie C. Rose, City Manager FROM: William J. Green, P.E., Interim Director, Development Services Department BilIG@cctexas.com (361) 826-3276 Rezoning Property located at 6113 Durant Drive CAPTION: Case No. 0917-01 Luxury Spec Homes, Inc.: A change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay. The property is described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. PURPOSE: The purpose of this item is to rezone the property to develop a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. RECOMMENDATION: Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions. Vote Results: For: 6 Against: 0 Absent: 3 Abstained: 0 City Staff Recommendation (September 20, 2017): Denial of the change of zoning from the "FR" Farm Rural District to the "RS-4.5/PUD" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay with specified conditions, in lieu thereof approval of the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay to allow for a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. The proposed rezoning to the "RS - 4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay is incompatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed use of single-family homes is compatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The applicant has requested a Planned Unit Development (PUD) as the mechanism to reduce the right-of- way width and minimum sidewalk requirements which are subdivision development standards. The base zoning of "RS -4.5" would allow the construction of the single-family homes. Therefore, the zoning portion does not limit the ability to construct the residences as the PUD is only addressing design criteria. The factor of the subdivision development standards would be more appropriately handled by a plat waiver request rather than a PUD. ALTERNATIVES: 1. Deny the request. 2. Approve the "RS -4.5" Single -Family 4.5 District. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development (PUD) Overlay is incompatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The requested development can be accomplished within the "RS -4.5" Single -Family 4.5 District without the need for a Planned Unit Development (PUD). The property is designated as per the future land use as medium density residential. As per PIanCC, medium density residential consists of between 4 and 13 units per acre. The proposed PUD is set as approximately 6.30 units per acre and is therefore in compliance with the future land use designation. The average lot size is approximately 5,671 square feet, exceeding the minimum requirement of 4,500 square feet. According to section 3.5.4.A of the UDC regarding PUDs, "The development is in harmony with the character of the surrounding area. The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The development contains a variety of housing types, employment opportunities or commercial services to achieve a balanced community. The orderly and creative arrangement of all land uses with respect to each other and to the entire community." The proposed PUD does not provide any attributes of "housing types, employment opportunities or commercial services." According to section 6.2.1.A of the UDC, "The Planned Unit Development Overlay zoning district encourages the unified design of a mix of residential, commercial, office, professional, retail or institutional uses. It is further the intent of this article to provide for: a maximum choice in the types of environment and living units available to the public; An integration of open space and recreation areas with residential development; A pattern of development which preserves trees, outstanding natural topography and geologic features; A creative approach to the use of land and related physical development; An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing and maintenance costs, without material, adverse impact on public costs; An environment of stable character in harmony with surrounding development; The development of vacant property within the presently developed urban area; The redevelopment of property where desirable by providing flexibility in redesign; and the production of a higher level of amenities." The proposed PUD offers no additional amenities nor open space/recreational areas. The applicant contends that the athletic fields of Blanche Moore Elementary School should be used to satisfy the open space requirement. The applicant has not produced documentation from Corpus Christi Independent School District authorizing the use of elementary athletic fields for use by a residential subdivision to meet the development requirements of a PUD. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5/PUD" Single - Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Luxury Spec Homes, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay, and on Tuesday, October 24, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Luxury Spec Homes, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard (the "Property"), from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay (Zoning Map No. 043033), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is the Luxury Estates Planned Unit Development (PUD) Guidelines and Master Site Plan for the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development (PUD) granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit B and the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Luxury Estates Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 17 single-family lots. 2. Dwelling Units per Acre: The density of dwelling units shall not exceed 6.30 dwelling units per acre. 3. Lot Size: The minimum size of any lot within the development is 4,500 square feet. 4. Lot Development Standards: All development within the Property shall comply with the minimum requirements of the "RS -4.5" Single-family 4.5 District with the exception that the lots that side on Durant Drive shall have a street side yard of not less than ten (10') feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way shall be a minimum of 40 feet in width and the street cross-section of not less than 28 feet back of curb to back of curb. A 5 -foot wide sidewalk shall be constructed along one side of the roadway as shown on the master site plan. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc..docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc..docx Page 3 of 3 41vw • 4*** 4* it*• 44** • CASE: 0917-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition Date Created: 8/21/2017 Prepared By: JoannaS Department of Development/Services SUBJECT PROPERTI 1 City of Corpus Christi 1. 0 x= 11.2121113 soamoo c10 A.110 f - Oa roccflOA ,11.01120VNIVIKI 11.21211-13 saamon c101.113.5,1, ,LO'ZTZ /11.17S ,E11 0119N .00 69 i HOT ,SI .T9S 0 .C5 EH \\ .2.0/117. DI L L J N28° 35' 37"E 553.83' C34 .R.,217. 01 0 1-1 ZIF .05201 ,LO'ZIZ 3„OT ,811 0119S AVM 30 IHi9ITI ,09 HADTG .Lrw If1G 1— n CHS S LUXURY ESTATES PLANNED UNIT DEVELOPMENT Development Description: Luxury Estates Planned Unit Development is a proposed single-family development. The developer proposes to construct 17 single-family residential units on a 2.70 -acre tract of land that was previously a public park. The developer intends to develop the property in a single phase. The requested zoning is from the current "F -R" Farm -Rural District to a "RS -4.5" Single-family Residential 4.5 District with a Planned Unit Development overlay. Deviations from the standard regulations are a 5 -foot wide sidewalk along one side of the public roadway, 40 -foot wide right-of-way, 10 -foot side yard. This development will be an extension of the single-family residential area to the north. Location Map: 1ru4c'Y Date'.112E7 .. 61.ar 11 9)"22'23.30,3^,-. Deviation Table: LUXURY ESTATES SUBDIVISION "RS -4.5" District Planned Unit Development Deviation Minimum Lot Area 4,500 sq. ft. 4,500 sq. ft. Lots ave. — 5,670 sq. ft. No Density 9.68 units per acre 6.30 units per acre No Minimum Lot Width 45 ft. 45 ft. No Minimum Street Yard 20 ft. 20 ft. No Minimum Street Yard (Corner) 20 ft. 10ft. Yes Minimum Side Yard 5 ft. 5 ft. No Minimum Rear Yard 5 ft. 5 ft. No Minimum Open Space 30% 30% No Maximum Height 35 ft. 35ft. No Required Off -Street Parking 2 spaces/unit 2 space/unit No Right -Of - Way Width 50 ft. 40 ft. Yes Pavement Width 28 ft. 28 ft. No Curb and G utter 6 in. 6 in. No Sidewalks 4 ft. on each side 5 ft. on one side Yes Drainage Easement 20 ft. with RCP pipe 20 ft. with HDPE pipe Yes Luxury Estates Page 2 Amenities Provided: Speed Hump 5 -foot wide sidewalk Landscaped entrance Lower speed limit — 25 mph Deviation Requests: Right -of -Way: Due to the narrowness of the tract of land, providing the typical 50 - foot right-of-way would impact the typical floor plan created by the developer. This would in turn raise the cost of the homes for sale. The reduced right-of-way will not impact the actual roadway since it will be the standard 28 -foot back -of -curb to back -of -curb, nor will it impact the placement of the public utilities. Sidewalk: The ordinance requires a 4 -foot wide sidewalk on each side of the roadway. The developer is requesting a 5 -foot wide sidewalk along one side of the roadway. The 5 -foot width provides ample room for people using the sidewalk to easily pass one another without having to step onto the grass or roadway. Since the road is slightly longer than a football field (466 feet) and there is no through traffic, the sidewalk on one side of the roadway will have minimal impact on the quality of life in this subdivision. Drainage Easement: The developer will be providing a 20 -foot wide drainage easement as required by the ordinance, but is requesting that an HDPE pipe be used in lieu of the typical RCP. Staff has allowed the use of HDPE pipe provided it is not under paved streets and limit the diameter of the pipe. The proposed HDPE drainage pipe will be located within a 20 -foot wide drainage easement within Lot 8 (see attached Master Plan). Corner Lot Side Setback: The ordinance requires that when a lot (Lot A) backs up to lot (Lot B) that has a front yard setback, the side yard of Lot A must equal to the required front yard of the zoning district. The developer is requesting a deviation from that requirement. Proposed Lot 1 backs up to the school property which fronts on Durant Drive and has a 25 -foot front yard setback. Therefore by ordinance, Lot 1 would be required to provide 20 -foot setback along both Durant Drive and Katie Court. The setback is required to reduce any adverse impact the corner lot may have on the rear lot. Allowing the reduction of the side yard setback to 10 feet will not affect the school since the building is set back approximately 160 feet. Proposed Lot 17 backs up to a vacant tract of land. If the property develops with single-family residential, there is a high probability that the lot behind Lot 17 will side on Durant Drive and require only a 10 -foot side yard setback. If the property develops with apartments, as the current owner wishes, the apartment buildings will be set back at least 60 feet. Luxury Estates Page 3 r 1 IISLZIRD Saar.. 2-10 a 15'1 S28° 35' 37'W 354.09' soa ,LOZIZ ALS; vI9M L e® O 28235'3 ''E 533.83' 0 a Dr VF 11F M:31R1LV1fi1'! A .L.071 3,.01E ST 19S } Atl.M 30.LII`JIil O9 1¢F ^�C HARJU S,�I62IfIQ 4- 1 Luxury Estates Page 4 Ordinance amending the Unified Development Code ("UDC"), upon application by Luxury Spec Homes, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Blanche Moore School Subdivision, Lot 2, from the "FR" Farm Rural District to the "RS 4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Luxury Spec Homes, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, September 20, 2017, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay, and on Tuesday, October 24, 2017, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Luxury Spec Homes, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard (the "Property"), from the "FR" Farm Rural District to the "RS 4.5" Single -Family 4.5 District (Zoning Map No. 043033), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc. - RS45.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\Council Documents\Ordinance_0917- 01_Luxury Spec Homes, Inc. - RS45.docx Page 3 of 3 41vw • 4*** 4* it*• 44** • CASE: 0917-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition Date Created: 8/21/2017 Prepared By: JoannaS Department of Development/Services SUBJECT PROPERTI 1 City of Corpus Christi 1. 0 Zoning Case #0917-01 Luxury Spec Homes, Inc. From: "FR" Farm Rural District To: "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development City Council Presentation October 24, 2017 Aerial Overview Subject Property at 6113 Durant Drive N Zoning Pattern Staff Recommendation Denial of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 with a Planned Unit Development, in lieu thereof Approval of the "RS -4.5" Single -Family 4.5 District. Planning Commission Recommendation Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 with a Planned Unit Development. Planned Unit Development (PUD) S247 5 371.1." S.54.179. • X iATIE COURT RICWr OF WAY in 1 • A.1111.11.11111. MIL NW AS" 37E 5$325 AAP IWO OLCIONKMM 1 -I•11. 1 — /airnIV, 7 Planned Unit Development (PUD) Durant Park Lot Sq. ft. Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 6,707 5,400 5,400 5,400 5,400 5,400 5,352 7,680 6,075 7,116 5,047 5,095 5,095 5,095 5,095 5,095 Lot 17 5,947 PUD Profile: • 17 Lots • Range: 5,047 — 7,680 sf. • Avg. Lot Size: 5,671 sf. • Density: 6.30 du/ac Additional Lot Details: • Smallest Lot: 5,047 sf. • Largest Lot: 7,680 sf. • Median: 5,400 sf., 5 Lots = 29%, • All Lots > 4,500 sf. • 4 or 24% of Lots > 6,000 sf. Planned Unit Development (PUD) LUXURY ESTATES SUBDIVISION "RS -4.5 District Planned Unit Development DeViation j Minimum Lot Area Density 4,500 sq. fl. 4.500 sq. ft. Lots ave. — 5,670 sq. ft. No 9.68 units per acre 6-30 units per acre No Minimum Lot Width Minimum Street Yard 4501 4511. No 20 01 2011. No Minimum Street Yard {Corner) 20 0. 1011 Minimum Side Yard Minimum Rear Yard Minimum Open Space Maximum Height 5ft. 51. No 501. 5 ft. No 30% 30% No 35 ft. 3501. No Required Oft•Street Parking Right -Of• Way Width Pavement Width Curb and Gutter Sidewalks Drainage Easement 2 spacesfunit 2 spacerunl 50 01 40 ft NO 28 ft. 28 ft. No 6 in. 6 in. No .1 fton each Side 5ft. on one side Yes 20 01 with RCP pipe 20 01 with HDPE pipe Yes Amenities: • Speed Reduction (25 mph) • Speed Hump • 5' Sidewalk (1 side of street) • Neighborhood Entry Feature with Landscaping PLANNING COMMISSION FINAL REPORT Case No. 0917-01 INFOR No. 17ZN1027 Planning Commission Hearing Date: September 20, 2017 Owner: Luxury Spec Homes, Inc. m •- Applicant/Representative: Miguel Saldana y Location Address: 6113 Durant Drive a °5 o Legal Description: Blanche Moore Subdivision, Lot 2 a)v) o 'E o 0 N From: "FR" Farm Rural District To: "RS 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Overlay Area: 2.697 acres Purpose of Request: To develop a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant (Former park) Medium Density Residential North "RS -6" Single -Family 6 Low Density Residential Medium Density Residential South "RS-6/PUD" Single -Family 6 with a Planned Unit Development Overlay Vacant, Drainage, and High Density Residential Medium Density Residential East "FR" Farm Rural Public/Semi- Public Government West "RS -6" Single -Family 6 Vacant Agricultural o N ca E a o a5 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development (PUD) is inconsistent with the adopted Future Land Use Map which calls for medium density residential. Map No.: 043033 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 212 feet of street frontage along Durant Drive which is designated as a Local/Residential Street. Staff Report Page 2 16 § • Lpi+ N ci Street Urban Transportation Plan Type Existing Section Traffic Volume Durant Drive Designed to Minor Residential Collector Standard 60' ROW 38' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development (PUD) to allow for the construction of a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. Development Plan: The subject property is comprised of 2.697 acres and is proposed to be a 17 -lot single-family development with reduced street width and a five-foot sidewalk on one side of the street. The density proposed is approximately 6.30 units per acre. The 17 lots will range in area between 5,352 and 7,680 square feet in size. Vehicular access will be provided by a reduced public right-of-way of 40 feet while maintaining a 28 foot paved street width. Pedestrian access will be provided by a 5 foot sidewalk on one side of the street. The PUD amenities include a lower traffic speed limit of 25 miles per hour (mph), 5 foot sidewalk on one side of the street, a neighborhood entry feature and wall with landscaping, and a speed hump. A standard parking space requirement of 2 spaces per unit will be met. The development proposes to maintain the 30% open space requirement. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS -6" Single -Family 6 District, the "RS -4.5" Single -Family 4.5 District, and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions "RS -6" District Standards "RS -4.5" District Standards Proposed PUD Deviation Lot Area 6,000 sf. 4,500 sf. 4,500 sf. No Minimum Lot Width 50 ft. 45 ft. 45 ft. No Street Yard 25 ft. 20 ft. 20 ft. No Street Yard (Corner) 25 ft. 20 ft. 10 ft. Yes Side Yard 5 ft. 5 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No Open Space 30% 30% 30% No Maximum Height 35 ft. 35 ft. 35 ft. No Paved Street Width 28 ft. 28 ft. 28 ft. No R.O.W. Width 50 ft. 50 ft. 40 ft. Yes Curb Type 6 -in. curb & gutter 6 -in. curb & gutter 6 -in. curb & gutter No Staff Report Page 3 Parking Requirement 2 spaces per unit 2 spaces per unit 2 spaces per unit No Sidewalks 4 ft. on both sides 4 ft. on both sides 5 ft. on one side Yes Speed Limit 25 mph 25 mph 25 mph No Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural and is vacant land. To the north are single-family residences (Wooldridge Creek Unit 12 Subdivision) zoned "RS -6" Single -Family 6 District. Wooldridge Creek Unit 12 was zoned to the "RS -6" Single -Family 6 District in 2004 and the homes were constructed between 2005 and 2007. To the east is Blanche Moore Elementary School and single-family residences (Wooldridge Creek Unit 2 Subdivision) zoned "RS -6" Single -Family 6 District. Wooldridge Creek Unit 12 was zoned to the "RS -6" Single - Family 6 District in 1979. To the south is the Wooldridge -Staples storm water ditch consisting of an 85 foot drainage right-of-way and a depth of 6.13 feet deep. Across the storm water ditch is the Bent Tree Planned Unit Development zoned "RS-6/PUD" Single -Family 6 with a Planned Unit Development (PUD). To the west are vacant properties zoned "RS -6" Single -Family 6 District. A rezoning case was proposed in 2015 for the construction of an apartment complex of 160 units, but was withdrawn. Neighborhood opposition was 36% along with a petition of 108 signatures. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development (PUD) is inconsistent with the Future Land Use Map, the Southside ADP, and PIanCC. The proposed rezoning is inconsistent with the following policies of the Comprehensive Plan: • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is incompatible with the Future Land Use Map, PIanCC, and the Southside Area Development Plan (ADP). The proposed rezoning is also Staff Report Page 4 incompatible with neighboring properties and with the general character of the surrounding area. • The property is currently vacant and is a remaining "FR" Farm Rural tract and has never been developed. • Surrounding properties have been rezoned within the past twelve years indicating a pattern towards commercial development within the Esplanade Medical Center. However, the surrounding residential neighborhoods are zoned "RS -6" Single -Family 6 District. • The requested development can be accomplished within the "RS -4.5" Single -Family 4.5 District without the need for a Planned Unit Development (PUD). • The proposed PUD meets the Unified Development Code (UDC) requirements except the street yard (corner), right-of-way width, sidewalk requirements, and drainage requirements. • The property is designated as per the future land use as medium density residential. As per PIanCC, medium density residential consists of between 4 and 13 units per acre. The proposed PUD is set as approximately 6.30 units per acre and is therefore in compliance with the future land use designation. • The average lot size is approximately 5,671 square feet. • The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28 foot wide paved street surface. The applicant is requesting a reduced right- of-way width of 40 feet with a 28 foot wide paved street surface. • The PUD proposes all infrastructure will be publically maintained. • According to section 3.5.4.A of the UDC, "The development is in harmony with the character of the surrounding area. The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The development contains a variety of housing types, employment opportunities or commercial services to achieve a balanced community. The orderly and creative arrangement of all land uses with respect to each other and to the entire community. • According to section 6.2.1.A of the UDC, "The Planned Unit Development Overlay zoning district encourages the unified design of a mix of residential, commercial, office, professional, retail or institutional uses. It is further the intent of this article to provide for: a maximum choice in the types of environment and living units available to the public; An integration of open space and recreation areas with residential development; A pattern of development which preserves trees, outstanding natural topography and geologic features; A creative approach to the use of land and related physical development; An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing and maintenance costs, without material, adverse impact on public costs; An environment of stable character in harmony with surrounding development; The development of vacant property within the presently developed urban area; The redevelopment of property where desirable by providing flexibility in redesign; and the production of a higher level of amenities." • The proposed PUD offers no additional amenities nor open space/recreational areas. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff disagrees with the proposed deviations described in the PUD document. Staff Report Page 5 Staff Recommendation: Denial of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 with a Planned Unit Development, in lieu thereof approval of the "RS -4.5" Single -Family 4.5 District. Planning Commission Recommendation (September 20, 2017): Approval of the change of zoning from "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 with a Planned Unit Development (PUD) with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Luxury Estates Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 17 single-family lots. 2. Dwelling Units per Acre: The density of dwelling units shall not exceed 6.30 dwelling units per acre. 3. Lot Size: The minimum size of any lot within the development is 4,500 square feet. 4. Lot Development Standards: All development within the Property shall comply with the minimum requirements of the "RS -4.5" Single-family 4.5 District with the exception that the lots that side on Durant Drive shall have a street side yard of not less than ten (10') feet. 5. Public Right -of -Way: The public right-of-way shall be constructed as identified on the master site plan. The public right-of-way shall be a minimum of 40 feet in width and the street cross-section of not less than 28 feet back of curb to back of curb. A 5 -foot wide sidewalk shall be constructed along one side of the roadway as shown on the master site plan. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff Report Page 6 Public Notification Number of Notices Mailed — 23 within 200 -foot notification area 5 outside notification area As of September 15, 2017: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 4 inside notification area — 0 outside notification area Totaling 5.71% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Master Site Plan and PUD Documents C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0917-01 Luxury Spec Homes - PUD\PC Documents\Staff Report_0917-01_Luxury Spec Homes, Inc..docx 41vw • 4*** 4* it*• 44** • CASE: 0917-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table in opposition Date Created: 8/21/2017 Prepared By: JoannaS Department of Development/Services SUBJECT PROPERTI 1 City of Corpus Christi 1. 0 x= 11.2121113 soamoo c10 A.110 f - Oa roccflOA ,11.01120VNIVIKI 11.21211-13 saamon c101.113.5,1, ,LO'ZTZ /11.17S ,E11 0119N .00 69 i HOT ,SI .T9S 0 .C5 EH \\ .2.0/117. DI L L J N28° 35' 37"E 553.83' C34 .R.,217. 01 0 1-1 ZIF .05201 ,LO'ZIZ 3„OT ,811 0119S AVM 30 IHi9ITI ,09 HADTG .Lrw If1G 1— n CHS S LUXURY ESTATES PLANNED UNIT DEVELOPMENT Development Description: Luxury Estates Planned Unit Development is a proposed single-family development. The developer proposes to construct 17 single-family residential units on a 2.70 -acre tract of land that was previously a public park. The developer intends to develop the property in a single phase. The requested zoning is from the current "F -R" Farm -Rural District to a "RS -4.5" Single-family Residential 4.5 District with a Planned Unit Development overlay. Deviations from the standard regulations are a 5 -foot wide sidewalk along one side of the public roadway, 40 -foot wide right-of-way, 10 -foot side yard. This development will be an extension of the single-family residential area to the north. Location Map: 1ru4c'Y Date'.112E7 .. 61.ar 11 9)"22'23.30,3^,-. Deviation Table: LUXURY ESTATES SUBDIVISION "RS -4.5" District Planned Unit Development Deviation Minimum Lot Area 4,500 sq. ft. 4,500 sq. ft. Lots ave. — 5,670 sq. ft. No Density 9.68 units per acre 6.30 units per acre No Minimum Lot Width 45 ft. 45 ft. No Minimum Street Yard 20 ft. 20 ft. No Minimum Street Yard (Corner) 20 ft. 10ft. Yes Minimum Side Yard 5 ft. 5 ft. No Minimum Rear Yard 5 ft. 5 ft. No Minimum Open Space 30% 30% No Maximum Height 35 ft. 35ft. No Required Off -Street Parking 2 spaces/unit 2 space/unit No Right -Of - Way Width 50 ft. 40 ft. Yes Pavement Width 28 ft. 28 ft. No Curb and G utter 6 in. 6 in. No Sidewalks 4 ft. on each side 5 ft. on one side Yes Drainage Easement 20 ft. with RCP pipe 20 ft. with HDPE pipe Yes Luxury Estates Page 2 Amenities Provided: Speed Hump 5 -foot wide sidewalk Landscaped entrance Lower speed limit — 25 mph Deviation Requests: Right -of -Way: Due to the narrowness of the tract of land, providing the typical 50 - foot right-of-way would impact the typical floor plan created by the developer. This would in turn raise the cost of the homes for sale. The reduced right-of-way will not impact the actual roadway since it will be the standard 28 -foot back -of -curb to back -of -curb, nor will it impact the placement of the public utilities. Sidewalk: The ordinance requires a 4 -foot wide sidewalk on each side of the roadway. The developer is requesting a 5 -foot wide sidewalk along one side of the roadway. The 5 -foot width provides ample room for people using the sidewalk to easily pass one another without having to step onto the grass or roadway. Since the road is slightly longer than a football field (466 feet) and there is no through traffic, the sidewalk on one side of the roadway will have minimal impact on the quality of life in this subdivision. Drainage Easement: The developer will be providing a 20 -foot wide drainage easement as required by the ordinance, but is requesting that an HDPE pipe be used in lieu of the typical RCP. Staff has allowed the use of HDPE pipe provided it is not under paved streets and limit the diameter of the pipe. The proposed HDPE drainage pipe will be located within a 20 -foot wide drainage easement within Lot 8 (see attached Master Plan). Corner Lot Side Setback: The ordinance requires that when a lot (Lot A) backs up to lot (Lot B) that has a front yard setback, the side yard of Lot A must equal to the required front yard of the zoning district. The developer is requesting a deviation from that requirement. Proposed Lot 1 backs up to the school property which fronts on Durant Drive and has a 25 -foot front yard setback. Therefore by ordinance, Lot 1 would be required to provide 20 -foot setback along both Durant Drive and Katie Court. The setback is required to reduce any adverse impact the corner lot may have on the rear lot. Allowing the reduction of the side yard setback to 10 feet will not affect the school since the building is set back approximately 160 feet. Proposed Lot 17 backs up to a vacant tract of land. If the property develops with single-family residential, there is a high probability that the lot behind Lot 17 will side on Durant Drive and require only a 10 -foot side yard setback. If the property develops with apartments, as the current owner wishes, the apartment buildings will be set back at least 60 feet. Luxury Estates Page 3 r 1 IISLZIRD Saar.. 2-10 a 15'1 S28° 35' 37'W 354.09' soa ,LOZIZ ALS; vI9M L e® O 28235'3 ''E 533.83' 0 a Dr VF 11F M:31R1LV1fi1'! A .L.071 3,.01E ST 19S } Atl.M 30.LII`JIil O9 1¢F ^�C HARJU S,�I62IfIQ 4- 1 Luxury Estates Page 4 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intencion de asistir a esta junta V que requieren servicios esaeciales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ni mero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: in accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: 5 Qzio --10tc.,Qrt `t'1`r, I Rol. City/State: ry L� \rt i 'i( { ) IN FAVOR () IN OPPOSITION Phone: lot - 2 '+4 4Rfi-a.. REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1027 Property Owner ID: 13 Sign re Case No. 0917-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 13 063700010240 DAME GREGORY A ET UX SAND 5930 RAVER HILL Corpus Christi, TX 78414 U.S. POSTAGE}} PITNEY BOWES ZIP 78401 $ 000.46° 02 411 0000340617 AUG 24 2017 SUBJECT PROPERTY 0.• C1wad 1,2017 R,Pr.d.Y: J4.11#62 D.p.rur.ris fDerel perrwl Sr.k..T CASE: 0917-01 SUBJECT PROPERTY WITH ZONING Subject Prcperly RM -I 10411221M14 I 14121 M_1146, M1 R111 a.011wlly O II 14Ph..lon.l 01114. S ILO Mnlanely AT CMI a.lpnlnl0od ConwunMl Cep Inpne.lPoee Can..rei.l CR.1 anon Corm a N.l Ca 2 1.102011 C01.11.11.riM1 CG 1 D..nl ConnentMi CO 2 0. 1.411 Conn.r41.1 CI Inenh. Co..n.rtLl COD Dann .2 ConorreW CRS anon Cannon ha FR Finn R...1 a e41100e W., lay O P &a.n.a. lark L Lipid Indonl.l 14 Ilnay Dan.14141 PII13 P111,014 1.11111136, Onr1., R3.10 SI. p.4 -24r lay 10 RS. Snow .Fenny .1 RSA i SIn1M.r2.1.y tI 1.13.17 Too Fanny RS 44 1Wy.Ja,-1/411 a■ RnId.nll.l Couto RS DI T..rrlrrrl.. SP SWIM P.nna NV 144+4444.044113.144412424+ RM4 140411209ryda0T. LOCATION MAP, y.N.. ilr City ul CCIIU1rist I Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intention de asistir a esta junta v que requieren servicios especiales. se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al niumero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development. Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diridirse a la commission durante la junta v su irides es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 6, 2017 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: G -,n 4 YAG, ` \r\ CACIOC-k• Address: ,S-9311 PAS N /JJ - c_ City/State: ca -N)-5. cU rt /71( ( ) IN FAVOR (jIN OPPOSITION Phone: E6:21 2L-14-1- t4o12. REASON: SEE MAP ON REVERSE SIDE INFOR Case No.• 17ZN1027 Property Owner ID: 21 Case No. 0917-01 Project Manager: Andrew Dimas Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 21 063700010230 SHADDOCK JONATHAN E AND BRANDI N SHADDOCK HUSB & 5934 Raven Hill Rd Corpus Christi, TX 78414 yi4 U.S. POSTAGE >> RINEY BOWES 4r ZIP 784010 02 4vr ' 000a46 00003406 17 AUG 24 2017 kJP. StiC t5.0..ctir J 1 � 1 3� ON RS -6 411101* 974,,,,4 SUBJECT PROPERTY a Tr A.- Cnj.nd 41.701TA nlwtaally>Joanna [m d Pirskpn.rr Sankt..?' CASE: 0917-01 SUBJECT PROPERTY WITH ZONING , Subject Property 10.1.1 Itu11Ra.ly 1 RAW Hardin. rt2 RMS MOnRa.ltyl 014 ntM.1rwnl ORru RM.4T WMainly *1 O 141 MalERawT end Cnnrn.relal CR 2 RSEMemmd Cn..arcW C11-1 nurse Cammwei.l CN 2 Resod Cenlrurtfal 001 GeneralCvem.r1Ll Ce 2 o.r11r.l Cwnm.rcl.l CI MM.H.. Cam.w141 COD boarnuwn enrwnarcl.i 0.4 RNen COrr.rarc.l SR Far. Rural It Hl11en[ oa.n.y 1414 111.4,11.1 1.16 E. 1. -Edd Industrial 14 Henry nausea) 14110 PI.mW MM Dot. Vnr1.y 113.16 5:9p11r..uy 1a 104 5.y.sanyI REa.8 Slrgbramy 1.11 R$.TT T.ror.rnly RE SR am4Rr.tnily IS RE Ra.Id.n.Ml Cat" 115-311 Tuworh11.. 5P 5pc1.1 Permit Ry Raaueonal Waled. 1414E RUN Manul.mu.d Ham. SUBJECT PRDPERTI (LOCATION MAP }��1iIltf Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intencion de asistir a esta junta v que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al numero (3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a Ia commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017= during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. f [ Printed Name: Cr7, c Q S a 1'101 eC Address: 7 Oc.13� i c k( 1 City/State: CorP u s Ch Phone: G 1 7 q-7 73-2 3 ( ) IN FAVOR (OPPOSITION REASON: )1,1 S r::4(c e co v t8es rvz, kr r- rmc rtdc \ rh% o o ---Y kr, ./N1 rno,-\y � o S � r e ,�, t a r\rQ d , � e -�~r e.), e (ori n erg' -v-c) rn t -- �S� urctise o re ( my ex` 4- `� c U %.Sind Ca, A ar, .S ``S t t\le. rYri� Signature / SEE P ON REVERSE 5117 �d,r e ( t-1 f Z-211-mGi-�-(6 Y� '� S Case No. 0917-01 INFOR Case No.: 17ZN1027 Project Mann ager: Andrew Dimas Property Owner ID: 4 e Q.8 ect '. Email: AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 1 ON RM -1 RS -6 4 063700010210 SANDIFER RANDY B AND CARL 6006 RAVEN HILL ROAD Corpus Christi, TX 78414 f!� SUBJECT / PROPERTY FN Rq RS -6 P oo - 44440, FR U S. POSTAG.47 E )) PITNEY BOWES 417 V 78401 $ 000.46° 02417 0000340617SEP 08 2017 4 417 4 zr-\\ Rrrr Dame .IO'irIM CASE: 0917-01 SUBJECT PROPERTY WITH ZONING Subject Property RY.I WRrrunIyl RY-7 11_1e1lamlly PIN 1 Yanmmay OM Proln.Mn.I ORM. RM.AT R.rMlamlr AT cHt Maoneer.a.d Commaeclal CM 1 MeRnb.r$aad ComsrCIO CR -1 Rl... C:.,maccIal CRs Con C5 Ct COO CR-! XR RP Rnarl Camm.rd .t O.n.r.ICarnaacal General Cemm.relal Marsha Commercial O..-10..1 Cm .arc.+1 ROMA CormM.yMI T.Crrr Raft Mare Daly Roam.. Pare R. LUgh1In b .al1I IH H.wy admiral P UO PHm.e COM Dee P'm1.r 13.10 11.11 .family 10 RS -R link Fano, i RSR. 1116.1.--f Roily 1.11 RS -TT Two Faulk 13 11 Rhgl.-P.mlly II RR Read0SYI C.Y1. ./S xi Tambours Ix Ro.lMIP.nll Ho Rarimuor+l WWI* P.M Pax leanaracgmd He w. SUBJECT PROPERT1 A>cw j LOCATION MAP; Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intention de asistir a esta junta v clue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando_al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la iunta v su inales es limitado. favor de Ilamar al departamento de servicios de desarrollo al nCimero (361) 826-3240 al menos 48 hares antes de la junta para solicitar un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0917-01 Luxury Spec Homes, Inc. has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District with the Island Overlay to the "RS-4.5/PUD" Single Family 4.5 District with a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Blanche Moore School Subdivision, Lot 2, located on the south side of Durant Drive, south of Wooldridge Road, and west of Cimarron Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, September 20, 2017, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: U102- k iroJ eM N l \ Oc. _ City/State: C , C . ] ? 4) % ( ) IN FAVOR (z41 OPPOSITION Phone: (?C) '7(?Cl _IS4-n REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 17ZN1027 Property Owner ID: 3 Signature Case No. 0917-01 Project Manager: Andrew Dimas Email. AndrewD2@cctexas.com City of Corpus Christi Development Services Dept. F.O. Box 9277 Corpus Christi, Texas 78469 RM -1 3 063700010220 YASSIN NADER AND BARIA YASSIN WEE 6002 RAVEN HILL Corpus Christi, TX 78414 U.S. POSTAGE)) PITNEY BOWES Lira. 1 ewIm.i ZIP 78401 $ 000.46° 02 4YY 0000340617 SEP 08 2017 SUBJECT PROPERTY CASE: 0917-01 SUBJECT PROPERTY WITH ZONING ® Subs c1 Properly RM- 1.aq'mly 1 • M2 MamlamI RU 2 Vuma'ly 2 o ft Pla44.4m410mc. RM AT WM.lWy AT CN 1 M.Iph.ahab C-rrn.RMl CM 2 N.ihbrbed Carmonlal CR 1 Rased Canrraclml CM a RsIR Cpamrrt.l CC 1 0.sral Camm.rcMl CC.1 Wn.r.l Commacl.l CI .rims'. CemmaRlal CSO aawnla nCa..n.rc,I CR.1 RNCRCemnmrcul 1R fum Rrr.1 M H.Imll O..rl.y SP flan... i.rh t AVMIM..UJ FF Rowe nrdlfM.l PUO Plarm.0Un0 Dor Ovenay RS eT Sdnpl..feerily r1 115-1 $ngW-T .Iy1 R3l1 31n34f4al?R1 12.Tr Tbe.falmy RS IS Emp4Jamly 11 R1 ReskleA4l Urals RS TR To.nlou.. SP 1P.cMl P.nnM Ry How /Cm* WPXI. Pal RNN Manuf.emna Hem. /r 41 '111 nw SUBJECT PROPERT LOCATION MAP I3 ("!1.. 111 fpu f'In,+II AGENDA MEMORANDUM Emergency Ordinance for the City Council Meeting of October 24, 2017 DATE: October 18, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Emergency Ordinance to appropriate unreserved funds for three loaders and two graders CAPTION: Ordinance to appropriate $636,690.00 in the unreserved fund balance in the No. 1030 Hotel Occupancy Tax Fund and $459,235.00 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi for beach operations, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed $1,095,925.00; amending the FY 2017-2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $1,095,925.00; and declaring an emergency. PURPOSE: This item is to appropriate unreserved funds to purchase three loaders and two graders for beach operations; increase expenditures by $1,095,925.00 in the adopted budget; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council approved the purchase of the beach equipment during the City Council meeting on October 17, 2017, from both the Hotel Occupancy Tax (HOT) and State Hotel Occupancy Tax Beach (SHOT) unreserved funds by amending the motion from agenda item No. 17, Lease -Purchase of Three Loaders and Two Motor Graders for Beach Operations on that Agenda. The approximate fund balances for the HOT Fund is $6,000,000 and the SHOT Fund is $5,000,000. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required to appropriate funds. EMERGENCY / NON -EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs". DEPARTMENTAL CLEARANCES: Parks and Recreation Department Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $1,095,925.00 $0.00 $1,095,925.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $1,095,925.00 $0.00 $1,095,925.00 BALANCE $0.00 $0.00 $0.00 Fund(s): HOT Fund and State HOT Beach Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to appropriate $636,690.00 in the unreserved fund balance in the No. 1030 Hotel Occupancy Tax Fund and $459,235.00 in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of three loaders and two motor graders from Doggett Heavy Machinery Services, LLC of Corpus Christi for beach operations, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard, with the total amount not to exceed $1,095,925.00; amending the FY 2017-2018 Operating Budget adopted by Ordinance Number 031255 to increase expenditures by $1,095,925.00; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $636,690.00 is appropriated in the unreserved fund balance in the No. 1030 Hotel Occupancy Tax Fund and $459,235.00 is appropriated in the unreserved fund balance in the No. 1032 State Hotel Occupancy Tax Fund for purchase of three loaders and two motor graders for beach operations from Doggett Heavy Machinery Services, LLC of Corpus Christi, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba Buyboard with the total amount not to exceed $1,095,925.00. SECTION 2. That the FY 2017-2018 Operating Budget adopted by Ordinance No. 031255 is amended to increase expenditures by $1,095,925.00. SECTION 3. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this day of October 2017. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor day of , 2017. Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe McComb Mayor The above ordinance was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of September 19, 2017 Action Item for the City Council Meeting of October 24, 2017 DATE: September 19, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(c�cctexas.com (361) 826-3464 Motion to authorize rental payments for two motor graders and three loaders CAPTION: Motion to authorize payments totaling $219,736 for the rental of the beach operations equipment (two motor graders and three loaders) from Doggett Heavy Machinery Services LLC for the period June 2017 through January 2018. PURPOSE: To authorize rental payments for two motor graders and three loaders from Doggett Heavy Machinery Services LLC. BACKGROUND AND FINDINGS: The current rental equipment will be returned and replaced with the new purchased equipment, which is anticipated to be delivered in January 2018. The calculated monthly rental amount is $27,467.00 under the current rental agreement. The total of rental payments from June 2017 through January 2018 is $219,736. The payments are included in the Adopted FY2017-18 Budget in the General Fund and State HOT Beach Fund. ALTERNATIVES: None OTHER CONSIDERATIONS: The continued rental of the current beach operations equipment under the current agreement has been necessary to preserve or protect the public health and safety of the municipality's residents consistent with Texas Local Government Code Section 252.022 (a)(2). CONFORMITY TO CITY POLICY: City Council must authorize payments over $50,000. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 12940 Current Year Future Years TOTALS Line Item Budget $234,000.00 $0.00 $234,000.00 Encumbered / Expended Amount $6,861.33 $0.00 $6,861.33 This item $126,224.00 $126,224.00 BALANCE $100,914.67 $0.00 $100,914.67 Fund(s): General Fund Comments: The Current Year "This item" includes rental payments for two loaders and one grader. Fiscal Year: 2017-2018 13836 Current Year Future Years TOTALS Line Item Budget $170,000.00 $0.00 $170,000.00 Encumbered / Expended Amount $10,740.00 $0.00 $10,740.00 This item $93,512.00 $93,512.00 BALANCE $65,748.00 $0.00 $65,748.00 Fund(s): State HOT Fund Comments: The Current Year "This item" includes rental payments for one loader and one grader. RECOMMENDATION: Staff recommends approval of the motion as presented LIST OF SUPPORTING DOCUMENTS: Rental Equipment List CITY OF CORPUS CHRISTI RENTAL PAYMENTS ITEM 1. 2 DESCRIPTION 3 - JD524K Wheel Loaders $4,089.00 each unit 2 - 672G Motor Graders $7,600.00 each unit PRICE SHEET Doggett Heavy Machiner Services Houston, Texas QTY. UNIT UNIT PRICE 8 8 TOTAL Mths Mths $12,267.00 $15,200.00 EXTENDED PRICE $98,136.00 $121,600.00 $219,736.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: TO: September 29, 2017 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Lawrence Mikolajczyk, Director of Solid Waste lawm@cctexas.com (361) 826-1972 Farming Lease Agreement Cefe Valenzuela Landfill — 940 acres, Farm Serial Number (FSN) 3466 CAPTION: Ordinance authorizing the City Manager, or designee, to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of $98,700 for a total of $493,500 for 5 years based on $105 per acre. PURPOSE: The Cefe Valenzuela Municipal Landfill has some land area that is not currently not being used for landfill operations and is leased on a cash rent basis for farming operations in the production of cotton and sorghum. There are two farm leases in use, one of which will expire on October 31, 2017. City staff advertised for invitation of bids for the expiring lease. A high bid of $493,500 was received from Austin Harwell doing business as L.A. FARMS, for the new five-year lease of the 940 acres. The lease of City property requires City Council approval. BACKGROUND AND FINDINGS: The City acquired 2,293 gross acres of land in October 2000 for use as the new Cefe F. Valenzuela Municipal Landfill. The City purchased the land from Mr. John Chapman subject to two existing farm leases as shown on the Council exhibit marked "Vicinity Map". Farm No. 3468 contained 1,320 acres and was leased to W&S Ag Enterprises. The second farm, Farm No. 3466, contained 940 acres and was leased to Rackley & Rackley, a joint venture. The City continued these two farm leases on a year-to-year basis until October 2002. In November 2002, City Council awarded each farming operation a farming lease agreement for five, six-year terms for a total of 30 years. In 2007, the City opened operations at the landfill and reduced the acreage for Farm 3468 to approximately 762 acres. The City has continued with these farming operations since 2002 and has granted renewals at the end of each five-year term, being 2007 and 2012. One of the leases, Farm No. 3466, defaulted with non-payment at end of the second year of the third five-year term, being the 2013-2014 crop year. The lease permitted City staff to choose to remediate the lease by re -letting it and finding another tenant for the remainder of the five-year term, which was for 3 years. City staff sent out seven bid invitations and received four sealed bids. The high bid was submitted by W&S Ag Enterprises for their bid of $60 per acre and a one-time bonus payment of $56,400 for a total amount of $225,600 for the remaining three-year term. The City entered into a Farm Lease Relet Agreement with W&S Ag Enterprises in March 2015. The agreement was subject to the same terms and conditions of the original 30 -year agreement. This relet agreement expires on October 31, 2017. For the new lease, City staff advertised twice in the Legal Notices of the Caller -Times for an invitation for bids. The seven farm operators that expressed interest in 2014 were also sent letter notices for the bid invitation. Bidders were given the opportunity to add to their bid optional, one-time bonus payment in addition to their annual payment bid. The high bidder was Austin Harwell, doing business as L.A. FARMS, with the total base bid amount of $493,500. This consideration consists of five annual lease payments of $98,700 based on $105 per acre for the 940 acres. The lease funds are deposited annually into the City's General Fund. The five bids received at the City Secretary's office on September 29, 2017 are listed below. Leases of City owned property require approval by City Council. It is recommended that this lease agreement be approved to keep the unused land at Cefe Valenzuela Landfill in full farming production and generating revenue. ALTERNATIVES: 1. Approve Farm Lease Agreement (Recommended) 2. Disapprove Farm Lease Agreement with high bidder and re -advertise for new bids. (Not Recommended) OTHER CONSIDERATIONS: None Bidder Rent per Acre Annual Payment Bonus payment Total Base Bid 1 L.A. Farms $105.00 $98,700 $0 $493,500 2 W&S Ag Enterprises $70.00 $65,800 $60,000 $389,000 3 Burch Farms $71.00 $66,740 $0 $333,700 4 Havelka Farms $65.00 $61,100 $27,501 $333,001 5 B5 Land & Cattle $70.74 $66,500 $0 $332,500 Leases of City owned property require approval by City Council. It is recommended that this lease agreement be approved to keep the unused land at Cefe Valenzuela Landfill in full farming production and generating revenue. ALTERNATIVES: 1. Approve Farm Lease Agreement (Recommended) 2. Disapprove Farm Lease Agreement with high bidder and re -advertise for new bids. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The Ordinance conforms to the City Charter, Article IX, Section 2, Power to grant franchise or lease by City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering Services and Solid Waste Services FINANCIAL IMPACT: [ ] Operating [ X ] Revenue [ ] Capital [x] Not applicable Fiscal Year 2017-2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget This Item 98,700 394,800 493,500 Encumbered / Expended Amount BALANCE 98,700 394,800 493,500 Fund(s): General Fund Revenue Comments: None RECOMMENDATION: Staff requests Council passage of Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Project Location Map Project Vicinity Map Farm Lease Agreement Presentation Ordinance Ordinance authorizing the City Manager or designee to execute a five- year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of $98,700 for a total of $493,500 for 5 years based on $105 per acre. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or her designee, is authorized to execute a five-year lease agreement with L.A. FARMS, Austin Harwell, to farm approximately 940 acres at the Cefe Valenzuela Municipal Landfill in consideration of a total annual lease payment of $97,700 for a total of $493,500 for 5 years based on $105 per acre. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn The foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn PASSED AND APPROVED on this the day of , 2017 ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor as SCALE: N.T.S. CORPUS CHRISTI I TEXAS A&M UNIVERSITY CORPUS CHRISTI PROJECT LOCATION LOCATION MAP NOT TO SCALE CEFE VALENZUELA LANDFILL FARM #3466 FIVE YEAR FARM LEASE (940 GROSS ACRES) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SCALE: N.T.S. ti r FM 2444 PROPOSED LEASE FARM #3466 940 ACRES !$r Pro of r � VICINITY MAP NOT TO SCALE CEFE VALENZUELA LANDFILL FARM #3466 FIVE YEAR FARM LEASE (940 ACRES) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Farming Lease Agreement Cefe Valenzuela Landfill Council Presentation October 24, 2017 Lease Location Corpus Chr sti Engineering CEFE VALENZUELA LANDFILL FARM #3466 FIVE YEAR FARM LEASE (940 ACRES, GROSS) CORPUS CHRISTI I IlnYAS CORPUS CHRIST IY Lease Vicinity Map 011$11 Corpus Chr sti Engineering CURRENTLY UNDER LEASE 1,320 GROSS ACRES Five -Year Farm Lease ckA Corpus Chr sti Engineering • Farm Lease area contains 940 acres (gross) and 818 acres (net). • Annual payment is based on the gross acreage of 940 acres. • Cash rent per acre is $105. • Annual lease rent is $98,700, payable in advance. • The five-year lease term is effective November 1, 2017 and ends on October 31, 2022. • Tenant must comply with all applicable Federal, State, and local laws, rules, and regulations • Lease is not assignable or cannot be sub -leased. • Tenant carries commercial general liability insurance in the amount of $1,000,000. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LA Farms Robstown, TX United States Certificate Number: 2017-272847 Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 10/16/2017 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. FSN3466 Contract 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Harwell, Laura ROBSTOWN, TX United States X Harwell, Austin ROBSTOWN, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT lif1 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �00..11,��'�4 EUSE810 GARZA, III ea4-"Tei: Notary Public, State of Texas v. . ' Comm. Expires 02-14-2021 'ikt umo Notary ID 3106972 Signa re of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE //�/t/ Sworn to and subscribed before me, by the said 41'.94"°7'./2/7�/-�/G /� , this the / 7/44 day o�liJ %1e!-- 20 , to certify which, witness my hand and seal of office. tit / /� ,,,..,.;-)e.„,.,i1r. js..e...: . .d5 ehb �7saPZ0, lam' /..cgo 4940.74/ Signature of officer admi •' - ring oath Printed name of officer administering oath Title of offiLer administering oats zet, d www.etnics.state.tx.us Version V1.0.3337 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division FARM LEASE AGREEMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This farm lease agreement ("Lease") is entered into this by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), and LA Farms ("Lessee"), a Texas general partnership, in consideration of the mutual covenants contained in this Lease. 1. PREMISES. The City leases to Lessee 940 acres (the Premises"), more particularly described as all of Section 22 and the north one half of Section 41 of the Santa Cruz Ranch, also known as Laureles Farm Tracts, out of a 2,273.59 acre tract described by the metes and bounds in "Exhibit A" and shown in the aerial map referenced as "Exhibit B" , both exhibits being attached and incorporated by reference in this Lease as if each exhibit were set out here in their entireties. 2. PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to utilize the Premises for the farming of crops and for no other purpose. 3. LEASE TERM. This Lease is for a five-year term beginning November 1, 2017, and ending at midnight on October 31, 2022, subject to prior termination as set out in this Lease. For annual lease payment purposes, November 1st of every succeeding calendar year following the execution of this Lease is deemed the anniversary date of the Lease ("Anniversary Date"). 4. LEASE PAYMENT. A. Upon Lessee's execution of this Lease and the City Council's approval, Lessee must pay the City an annual lease payment of $98,700 which is based on $105.00 per acre x 940 acres ("Lease Payment"). Any one-time bonus payment that was included in a bid by Lessee and accepted as consideration for this Lease must also be remitted with the initial Lease Payment. The Lease Payment is due at the beginning of the Lease and on or before each Anniversary Date. B. The Lease Payment must be delivered or mailed to: City of Corpus Christi Department of Financial Services A/R - Collections Section Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 C. Lease Payments are not refundable if this Lease is terminated prior to completion of its full five-year term. D. In the event Lessee holds over beyond the expiration of the term herein provided with the consent, express or implied, of the City, any such holdover is a tenancy at sufferance and such holdover period will only be from month-to-month and subject to the conditions of this Lease. Lessee acknowledges and agrees in advance that any such holdover does not constitute a renewal of this Lease, and any holdover period is subject to Lessee's payment of a monthly rental amount equal to 1/12 of the last annual Lease Payment. 5. ACCEPTANCE OF PREMISES DISCLAIMER. A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS 15" WITH ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE'S REQUEST PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON LESSEE'S EXAMINATION OF THE SAME. D. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE LESSEE'S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE LANDFILL OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD PRODUCE DAMAGES TO LESSEE'S LEASEHOLD. NOTHING CONTAINED IN THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY. E. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 6. USE AND MAINTENANCE. A. Lessee shall use the Premises for agricultural purposes only and cannot make any other use of the Premises without the prior written consent of the City. Lessee shall take good care of Page 2 of 17 the Premises and its appurtenances and suffer no waste. Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee shall observe and obey all applicable federal, state, and local laws, rules, and regulations and all rules set out by the City for the operation of the Premises. At the expiration of this Lease, Lessee shall surrender the Premises in as good condition as the same are now in, natural wear and tear and damage from the elements only accepted. Lessee will not permit any alcoholic beverages on the Premises. Lessee agrees to conduct all of Lessee's operations on the leased premises in a reasonable, efficient and prudent manner. B. Without limiting the foregoing, Lessee specifically agrees: 1. Chemical Notification. The use of all agricultural chemicals, fertilizers, and pesticides will be in a lawful, safe, and a prudent manner. The Director of Solid Waste Services will determine and approve the time and place any aerial or ground chemicals, fertilizers, and pesticides will be used due to the proximity of the landfill and its employees and the public. The expressed preference of the City is that spraying by the Lessee occur only on Sundays when the landfill is not open to the public. Under normal circumstances, the notice of intent to use agricultural chemicals, fertilizers and pesticides must be provided in writing no less than 24 hours prior to use and addressed to: City of Corpus Christi Director of Solid Waste Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 857-1970 Fax: (361) 857-1971 In the event of crop destruction due to midge insects and under an emergency situation only, Lessee will be allowed to, instead, give a 24-hour notice of crop spraying to the Director of Solid Waste Services, or his designee, by calling (361) 857-1972 or (361) 857-1970. 2. Growth Control. Lessee will prevent the growth of and keep the Premises (including cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious weeds and undesirable vegetation, and keep the cultivated portion of the Premises free from all sprouts and stumps. 7. FEES, TAXES & UTILITIES. Lessee shall pay, if applicable to Lessee's leasehold interest and Lessee's use and business operations at the Premises, all ad valorem taxes, personal property taxes, licenses, utility fees and charges, and all other fees and taxes required to be paid during the this ease. Lessee shall pay, at its sole cost and expense, all taxes, fees, utilities, and charges on or prior to the due date. 8. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all business matters pertaining to the cultivation of the Premises, and these account books must be open to inspection by the Property Manager upon reasonable demand during the City's normal business hours. 9. INSURANCE. A. Coverages. Lessee must obtain and keep in force during the term of this Lease insurance policy or policies in the amounts and with the types of insurance coverages set out in the attached "Exhibit C," which exhibit is incorporated by reference as if fully set out here in its entirety. Page 3of17 B. Failure of Lessee. Failure of Lessee to procure and maintain in force the required insurance coverages constitutes a material breach of the Lease upon which the City may immediately terminate this Lease if Lessee does not furnish proof of the required insurance coverages to the City within 10 days of written notice to Lessee. C. Insurance Coverage Adjustments. The types and amounts of insurance coverage specified in the Lease is subject to adjustment by the City's Risk Manager on the Anniversary Date of the Lease. Notice of any such required adjustment(s) will be provided to Lessee not less than 30 days prior to the Anniversary Date. 10. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes, or for other purposes, secured by a first lien security interest in Lessee's leasehold estate in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee's leasehold estate, must not be subject to any liens, and any security lien instrument to which Lessee is a party must contain the following language, or other similar language approved in advance by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Lessee created under that certain Lease effective on November 1, 2017, by and between the City of Corpus Christi and Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi. In the event of any foreclosure by any lender of a lien or liens on the Lessee's leasehold estate in the Premises or Lessee's improvements, if any, such lender or other purchaser at foreclosure, its successors and assigns, will succeed to all rights, privileges, and duties of Lessee including, without limitation, the duty to pay rent." 11. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all damages to any City or franchisee utility lines and equipment located on the Premises caused by Lessee's farming and agricultural operations and must replace all lines or equipment injured or destroyed as a result of Lessee's farming and agricultural operations. If damage occurs to any gas, storm, wastewater, or water line ("City Improvements"), or to any City equipment located on the Premises, the City's representative will determine the extent of damage and amount of repairs and/or replacement needed to the City Improvements, and, as determined by the City's representative, a City gas, storm, wastewater, or water division crew will be brought in and immediately allowed to make all necessary repairs and/or replacements. For purposes of calculating time, a half-day of four hours or more constitutes a whole working day; any work time in excess of eight hours a day or which occurs on a Saturday, Sunday, or a holiday will be calculated at a daily rate of $53.77 an hour. An additional fee will be due for the cost of a City inspector at a daily rate of $286.80 for any portion of a day spent inspecting construction, maintenance, repair, replacement, or relocation of said utility lines and equipment pursuant to this paragraph. A franchisee whose franchisee improvements are damaged will follow the same process as set out for damage to City Improvements. All costs incurred by City (including labor and materials) associated with the repairs and/or replacement of the lines and equipment must be paid by Lessee. 12. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express prior written consent of the City Manager, assign, sublease, or transfer, or permit or participate in any assignment, sublease, or transfer, of this Lease or any of the rights, powers, or privileges granted under this Lease. Consent to an assignment or sublease shall not be unreasonably withheld by City. In the event of an approved assignment or sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees that, notwithstanding any approved assignment or sublease, Lessee shall Page 4 of 17 also remain liable under all terms, conditions, and obligations of the Lease unless released in writing by the City Manager. 13. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and Lessee will not hunt nor allow any other party to hunt on the Premises without the express written consent of the City Manager. 14. NO AUTHORITY TO INSTALL OR CONSTRUCT IMPROVEMENTS. Lessee does not have any authority or right under this Lease to install or construct any temporary or permanent improvements, including structures, on the Premises. 15. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease. 16. ENTRY BY CITY. The City, by and through its officials, officers, employees, and agents, has the right at all times during the Lease term to ingress and egress to the Premises for the purpose of conducting any business incident to the activities of the City and for purposes of inspection, repair, fire or police action, and enforcement of the terms of this Lease, and includes the regular and necessary operation of vehicles and equipment on the shared roadways bisecting and crossing the Premises. 17. NOTICES. A. All notices, demands, requests or replies provided for or permitted by this Lease must be in writing and delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the U.S. Postal Service as certified mail, return receipt requested, postage prepaid; or (3) by deposit with an overnight express delivery service, and sent to the following address: If to City: City of Corpus Christi Property Manager, Engineering Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826-3500 Fax: (361) 826-3501 If to Lessee: LA Farms Attn: Austin Harwell or Laura Harwell 3761 FM 665 Robstown, TX 78380 Phone: (361) 813-8880 Fax: None B. Notice deposited with the U.S. Postal Service in the manner described above will be deemed effective two business days after deposit, postage prepaid. Notice by overnight express delivery service will be deemed effective one business day after delivery to the overnight express carrier, with proof of receipt. C. Either party may notify the other, in the manner described above, of a change of address. Any such change of address must be sent within 10 days of the effective date of the change. 18. INDEMNITY LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND Page 5 of 17 AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY LESSEE. LESSEE SHALL, AT LESSEES OWN COST AND EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. 19. DEFAULT AND TERMINATION. A. If Lessee defaults in performance of any of the promises or covenants contained herein, City may terminate this Lease following written notice to Lessee of the default and a reasonable opportunity to cure. Upon the occurrence of any uncured event of default, the City may, at its option, in addition to any other remedy or right given hereunder or by law, give notice to Lessee that this Lease terminates upon the date specified in the notice. Once terminated, the City has the right, without further notice to Lessee, to re-enter the Premises and remove all persons therefrom without being deemed guilty in any manner of trespass and also without prejudice to any remedies against Lessee for arrears of rent or breach of covenant. B. In the event that any rent is due and unpaid under the Lease, the City may resume possession of the Premises and relet the same for the remainder of this Lease term at the best rent the City may obtain, for the account of the Lessee, who must pay any resulting deficiency; and the City will have a lien as security upon all crops, goods, wares, chattels, implements, fixtures, furniture, tools, and other personal property which are located or were placed on the Premises, which lien is cumulative of and in addition to any statutory landlord's lien created by law. C. In the event Lessee has paid the full cash rent at the start of the Lease or any applicable annual Anniversary Date, Lessee shall have the right to harvest any existing crops that have been planted prior to the termination of the Lease. D. The failure of City or Lessee to insist on strict performance of any of the terms, covenants, or conditions of this Lease is not a waiver of any right or remedy that City or Lessee may have and is not a waiver of the right to require strict performance of all the terms, covenants and conditions of the Lease thereafter nor is deemed to be a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 20. REMOVAL OF PERSONAL PROPERTY. It is Lessee's responsibility to remove its personal property of every kind and type from the Premises prior to termination or expiration of the Lease. Lessee agrees that any personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes the City's property without any further notice, action, or process of law for disposition by the City as the City deems appropriate in the City Manager's sole discretion, without compensation to Lessee. Lessee shall also be invoiced for the City's costs to remove Lessee's personal property from the Premises after termination or expiration of the Lease, and Lessee shall pay the invoice within 30 days of receipt. Page 6 of 17 21. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee covenants and agrees that, upon expiration or any earlier termination of this Lease, however caused, Lessee shall quit and surrender the Premises and perform all repairs reasonably necessary to restore the Premises to the same condition it was in at the time this Lease was entered into, reasonable wear and tear. acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. 22. RIGHTS OF THE CITY. A. The City reserves the right to sell, use, or lease for a governmental or public use different from the present use all or any part of the Premises at any time during the term of this Lease. Should the Premises be sold, used, or leased before expiration of this Lease and the purchaser or lessee is not willing to take the property subject to this Lease and demands immediate possession, then the Lessee agrees to vacate within 30 days following receipt of the notice to vacate. Should it become necessary for Lessee to vacate in case of a sale or lease, then, the City will pay Lessee, for the Premises or portion thereof vacated, the following amounts, to -wit: a proportionate share of the then -applicable annual Lease Payment paid, which share is determined by dividing (i) the number of days of the term remaining after vacation by Lessee by (ii) the total number of days in the term, and multiplying the resulting percentage by the annual Lease Payment amount paid by Lessee. B. The City reserves and excepts from this Lease those easements reasonably necessary for the purpose of assigning, exploring, prospecting, mining, drilling, developing, producing, saving, transporting, storing, treating, removing, and owning the reserved minerals and oil and gas in the Premises to the extent such easements are implied under Texas common law to allow accessed to severed estates. C. City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. D. It is understood and agreed by Lessee that the City retains sole authority to negotiate settlement of any and all claims for damage by reason of activities in connection with the operation, development, and exploration for oil, gas, and other minerals on the Premises. Lessee shall promptly notify the City of any and all damages to the Premises and/or crops growing thereon that may be occasioned by operation, development, or exploration for oil, gas, or other minerals, or that may be occasioned by any other activity during the Lease term, which Lessee observes, learns of, or has reason to be made aware of any such damage. 23. CONDEMNATION. If the whole or a substantial part of the Premises are taken or condemned by the City, or any entity with legal authority to exercise eminent domain rights, for any public use or purpose, then and in that event, the term of this Lease shall cease and terminate from the date when possession of the part or whole so taken or condemned is required for such use or purpose. If less than a substantial part of the Premises are taken or condemned by the City and, as a result thereof, Lessee believes the ability to continue the purpose of this Lease has been eliminated, the question of a possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to the City for consideration. 24. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form ("Exhibit D") as part of this Lease contract. Lessee agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease contract. For Page 7 of 17 more information, please review the information on the Texas Ethics Commission's website at httos://www.ethics.state.tx.us. Lessee also agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you, as Lessee, need to file a Form CIQ, please review the information on the City Secretary's website at htti :llwww.cctexas.com/oovernmenticity-secretary/conflict-disclosure/index. 25. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign lease agreements on behalf of each respective party. 26. COMPLIANCE WITH LAWS. Lessee, its employees, representatives, and agents, as a condition of this Lease, agrees to and must comply with all applicable federal, State, and local laws, rules, and regulations which apply to Lessee's use and occupancy of the Premises and Lessee's operations and activities conducted on and at the Premises. Lessee, at Lessee's sole cost and expense, will fulfill all ordinances of the City applicable to the Premises, and Lessee's operations thereon, and all orders and requirements imposed by the Health, Sanitation, Solid Waste Operations, Fire, and Police Departments of the City for the correction, prevention, and abatement of nuisances occurring on or at, or connected to, the Premises during this Lease. 27. RELATIONSHIP OF THE PARTIES. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. 28. INTERPRETATION. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. The headings contained in this Lease are for convenience and reference only and are not intended to define or limit the scope of any paragraph or provision. 29. SEVERABILITY. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase or word hereof be given full force and effect for its purpose. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will be added to this Lease automatically. 30. BINDING AGREEMENT. It is mutually understood and agreed that the covenants, conditions, and provisions contained in this Lease to be performed by the respective parties are binding on the parties and their respective successors, assigns, and heirs. 31. ENTIRETY CLAUSE. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the Page 8 of 17 provisions of this document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's use of the Premises. Executed in triplicate by the parties. By Lessee's execution below, Lessee acknowledges that Lessee has read this Lease and understands that this Lease is not binding on the City until properly authorized by the City Council and executed by the City Manager or her designee. LESSOR: CITY OF CORPUS CHRISTI ATTEST: Valerie H. Gray, P.E. Rebecca Huerta Executive Director of Public Works City Secretary APPR a VED AS TO LEGA FORM: &hot / f 7 , 2017 MIC ISLEY, CITY A •RNEY Elizabe undley, As istant City Att LESSEE: Farms, a Texas general partnership A stin Ha ell, Partner aura arwell, Partner ft,_I_&I1/ W i 7 Date Date Attached and Incorporated by Reference: Exhibit A — Metes and Bounds Description of Premises Exhibit B — Aerial Depiction of Premises Exhibit C — Insurance Requirements Exhibit D — Disclosure of Interest Page 9of17 "EXHIBIT A" METES AND BOUNDS DESCRIPTION of a 2,273.59 -Acre Tract Being 2,293.25 acres of land (gross), more or Tess, being all of Section 22, all of Section 41, the south one half (S'/_) of Section 42, the north one half (N %z) of Section 43, and the north one half (N %) of Section 44, Santa Cruz Ranch, known as Laureles Farm Tracts, as shown by the map recorded in Volume 4, Page 36, Map Records of Nueces County, Texas, and being the same property conveyed to John O. Chapman, Jr. by instruments recorded in Volume 341, Page 466 and Volume 341, Page 468, Deed Records of Nueces County, Texas, save and except 18.50 acres recorded in Volume 2214, Page 123, Deed Records of Nueces County, Texas, 1.16 acres of an unrecorded but monumented additional thirty-foot right-of-way for County Road 57 out of Section 22, Cause No. 94-1673-3 County Court at Law Number Two, Nueces County, Texas and subject to, but not excepted, 5.47 acres recorded in Volume 523, Page 524, Deed Records, Nueces County, Texas, 0.05 acres recorded in Volume 955, Page 601, Deed Records, Nueces County, Texas, leaving a net acreage of 2,273.59 acres, more or Tess, and said 2273.59 acres tract being more particularly described by metes and bounds based on an on the ground survey as follows: Beginning at a found cotton spindle for the northwest comer of this tract, said spindle being on the northwest corner of said Section 22, the same being the northeast comer of Section 21, and also Tying on the centerline on County Road 20; Thence North 89 56' 20" East, along the north boundary of this tract, at the same being the centerline of County Road 20, 5,280.30 feet to a set P.K. Nail being the northeast comer of this tract, and said Section 22, and also the intersection of the centerline of CR 20 and CR 57; Thence South 00 03' 40" East along the east boundary of this tract, at 5,279.72 feet, pass the southeast comer of Section 22, the same being the northeast comer of Section 41, at 10,559.42 feet pass the southeast corner of Section 41, the same being the northeast corner of Section 44, in all 13,199.27 feet to a found cotton spindle for the southeast corner of this tract; Thence South 89 56' 20" West, along the south boundary of this tract at 30.00 feet pass a set 5/8 -inch rod, at 2,639.30 feet pass a set 5/8 -inch iron rod, at 5,278.60 feet pass a set 5/8 -inch iron rod on the west boundary of Section 44, the same being the east boundary of Section 43, at 7,918.60 feet pass a set 5/8 -inch iron rod, in all 10,995.63 feet to a set 5/8 -inch iron Page 10 of 17 rod for the southwest comer of this tract being on the west boundary of Section 43; Thence North 00 14' 01" West, along the west boundary of this tract and Section 43, at 2,638.65 feet pass a set 5/8 -inch iron rod at the northwest corner of Section 43, the same being the southwest corner of Section 42, in all 5,277.30 feet to a found 5/8 -inch iron rod for the southwest corner of this tract; Thence North 89 56' 04" East, along the southmost north boundary of this tract, at 3,092.91 feet pass a set 5/8 -inch iron rod, in all 5,732.91 feet to a found 2 -inch iron pipe for an inside corner of this tract being on the east boundary of Section 42, the same being the west boundary of Section 41; Thence North 00 04' 23" West, along the west boundary of this tract and Section 41, at 2,640.52 feet pass a set 5/8 -inch iron rod at the northwest corner of Section 41, the same being the southwest corner of Section 22, at 5,281.04 feet pass a set 5/8 -inch iron rod, in all 7,921.55 feet to a point of beginning and containing 2,293.25 gross acres of land, more or less inclusive of said 18.50 acre tract of 2,273.59 net acres of land. Included within this 2,273.59 acres are roadway right-of-ways shown within Sections 22, 41, 42, 43, and 44 on the recorded map, but not defined as to width. Page 11 of 17 "EXHIBIT B" USDA Farm 3486 Tract 13100 Nueces County Weiland ONuminItion Idi bMre ▪ fl.. ‘.. I,.I.r rwlrcnwl. ▪ bowl Imes Om.lraiesr Pram= •.lrllliwi�l �1 repornie not 41. rry.l.l..YwMIM 411WnMA11A 1.}wa wpd iorwrawr1CTV41 MI ward mon Mlnbl Ywpw.I..brAAal — .1..111 NII[7 Crop Year Map Created December 5. 2014 0 .17S 950 Fere N Page 12 of 17 "EXHIBIT C" INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Lessee must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and the Director of Solid Waste Operations one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: I. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Broad Form Property Damage 7. Personal Injury- Advertising Injury 8. Herbicide/ Pesticide Liability $1,000,000 Per Occurrence $1,000,000 Aggregate FARM AUTO LIABILITY OR AUTO LIABILITY (including) I. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and Complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 13 0117 C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within I 0 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be Page 14 of 17 a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Legal Dept. — Solid Waste Operations Farm Land Lease Insurance Requirements 09/22/2017 sw Risk Management Page 15 of 17 `tea City or Corpus Christi "EXHIBIT D" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the Question is not applicable, answer with NA". See next page for Filing Requirements, Certification and Definitions. r COMPANY NAME: 1-4 F r '- STREET STREET ADDRESS: 3'762 / FM P.O. BOX: p CITY: e b .5'1-a L++- +• STATE: K ZIP: O 3� FIRM IS: 1. Corporation 0 2. Partnership [W 3. Sole Owner 0 4. Association 0 5. Other 0 If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name r Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name , Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name, Consultant Page 16 of 17 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Signature of Certifying Person: ,4'31 (1 rut (/ Title: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time arttime employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 17 of 17 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 24, 2017 Second Reading Ordinance for the City Council Meeting of October 31, 2017 DATE: October 10, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Reimbursement Funds for Storm Water Catch Basins Program CAPTION: Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. PURPOSE: This item is to appropriate funds received through the Agreement with Coastal Bend Bays and Estuaries (CBBEP) for a reimbursement contract to install approximately 14 catch basin inserts to help prevent bay debris from reaching Corpus Christi Bay. BACKGROUND AND FINDINGS: The City of Corpus Christi completed an assessment in late 2015 of debris/trash in the Cole Park drainage basin to try and assess the areas with the highest accumulation of rates of trash getting into the storm water system and eventually making it to Corpus Christi Bay. The City installed 28 catch basin inserts in early 2015 and has been maintaining them. This project will increase the amount of catch basin inserts in place to reduce the amount of trash from reaching Corpus Christi Bay. The catch basins will be installed in the highest priority areas where trash accumulates in the Cole Park Drainage basin and assess effectiveness through observations during cleaning. ALTERNATIVES: Use City of Corpus Christi resources and funding to better understand how to improve management of storm water system debris. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This program conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $20,000 $20,000 BALANCE Fund(s): Water Grants Fund 1052 Comments: This is a reimbursement contract. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with CBBEP Ordinance to appropriate $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program, Inc. for the storm water catch basin program in the No. 1052 Water Utilities Grant Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $20,000 in reimbursement funds received through the Reimbursement Contract with Coastal Bend Bays and Estuaries Program Inc. for the storm water catch basin program is accepted and appropriated in the No. 1052 Water Utilities Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Contract Number 1707 THE STATE OF TEXAS COUNTY OF NUECES REIMBURSEMENT CONTRACT FOR GOVERNMENTAL ENTITIES Corpus Christi Bay Marine Debris Protection (Name or Project) THIS AGREEMENT is entered Into by and between: Coastal Bend Bays & Estuaries Program, Inc., a non-profit organization ("CBBEP"), and The City of Corpus Christi, a governmental entity (hereinafter "PERFORMING PARTY"). CBBEP and PERFORMING PARTY, in consideration of the mutual covenants in this contract, agree as follows: ARTICLE 1. WORK See attached Scope of Work. ARTICLE 2. PRICING AND PAYMENTS See attached Contract Costs Budget (for payment based on reimbursement of actual costs) and General Conditions Article 5. ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT The total amount of this Contract shall not exceed: Twenty thousand dollars $20,000 (written amount) (5 Numerical amount) unless this Contract Is amended in writing. It is expressly understood and agreed by the parties to this contract that the performance on the part of the CBBEP of its obligations under this contract is contingent upon and subject to actual receipt by the CBBEP of sufficient and adequate funds from the funding sources identified in the CBBEP's comprehensive annual workplan. CBBEP funding will not exceed $20,000. ARTICLE 4. TERM OF CONTRACT This Contract shall begin upon final execution of this Contract and shall terminate on March 31, 2018, unless terminated early or extended in accordance with the terms of the Contract. ARTICLE 5. CERTIFICATIONS 1. The CBBEP certifies that it has the authority to contract for the above services by authority as a non- profit corporation under the laws of the State of Texas. 2. PERFORMING PARTY certifies that it has authority to perform the services contracted for herein. ARTICLE 6. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreements between CBBEP and PERFORMING PARTY concerning the Work, consist of the following: 1. This Agreement 2. Scope of Work 3. Authorized Representatives / Records Location 1 4. Contracts Costs Budget 5. General Conditions 6. Additional Exhibits titled: There are no Contract Documents other than those listed above in this Article. The Contract Documents may be amended, modified or supplemented only as provided in the General Conditions. The undersigned bind themselves to the faithful performance of this Contract: CBBEP: Coastal Bend Bays & Estuaries Program, Inc. Ray Allen Printed Name Executive Director Title Date: _[ q (Y / / PERFORMING PARTY: The City of Corpus Christi By: fr'f L �' . / �-i .'� Authorize Signature PrinA Name 11-4- MC( V)LtL ei Titre' U Date: u ' `'} . 1 -1 Patived as to lh'n4 Msis .r:t C.411 At'iorrIey rof Ci.y t.tiorney I1; REIMBURSEMENT CONTRACT SCOPE OF WORK This contract is for the purpose of purchasing and installing catch basin inserts into the stormwater system to prevent trash from reaching Corpus Christi Bay. Marine debris can be harmful to the marine environment and also to the local economy, which relies heavily on nature tourism and fishing. The work to be provided by the PERFORMING PARTY shall correspond to the tasks found in Article IV and will be delivered in accordance with Article V. ARTICLE I. PERFORMING PARTY AUTHORIZED REPRESENTATIVE The Authorized Representative for the PERFORMING PARTY is as described in the attached "Authorized Representatives and Designated Location" form. ARTICLE II. CBBEP PROJECT COORDINATOR The Project Coordinator for the CBBEP is as described in the attached "Project Representatives and Designated Location" form. ARTICLE III. BACKGROUND / OBJECTIVE The purpose of this project is to purchase and Install approximately 14 catch basin Inserts at the highest priority areas where trash accumulates in the Cole Park drainage basin and assess effectiveness through observations during cleaning of the catch basins. The City of Corpus Christi (City) recently completed an assessment in late 2015 of debris/trash in the Cole Park drainage basin to try and assess the areas with the highest accumulation rates of trash getting into the stormwater system and eventually making It to Corpus Christi Bay. Although the City continues street sweeping on a regular basis, trash continues to accumulate in these areas. A map of the Cole Park areas with high amounts of trash was produced based on data gathered during the 2015 study. Other maps were produced to show specific strategies for implementation, including that show locations for placing catch basin inserts at high priority areas. The City will be observing the amount of trash accumulated in the catch basin inserts far showing effectiveness of devices and for prevention of bay debris reaching the bay. The City installed 28 catch basin inserts in January 2015 and has been maintaining them. This project will increase the amount of catch basin inserts in place to help acquire additional information to help in reducing the amount of trash from reaching Corpus Christi Bay. The primary project objective will be to purchase and install approximately 14 catch basin inserts to help prevent bay debris from reaching Corpus Christi Bay. ARTICLE IV. TASKS The PERFORMING PARTY shall perform the following tasks: (a) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 10, March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on alt major tasks, In chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (b) Equipment Installation. The PERFORMING PARTY shall purchase approximately 14 catch basins for storm drains In the Cole and Ropes parks drainage basins. The PERFORMING PARTY shall install the catch basins In the stormwater drains. Each station shall be maintained periodically and observations will be made on approximate amount of trash collected for comparison across sites and areas. (0) Final Summary Report. The PERFORMING PARTY shall submit a written final summary report, 3 including pictures of the catch basins and of work completed by no later than the date specified in the Schedule of Deliverables. The final report shall Include at a minimum the information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. PERFORMING PARTY shall submit the final report In an electronic format compatible with CBBEP software. ARTICLE V. WORK PRODUCT DELIVERABLES FOR THIS CONTRACT (a) Quarterly Reports. The PERFORMING PARTY shall submit written quarterly progress reports by the end of each calendar quarter, with the reports due on December 10, March 10, June 10, and September 10, or upon the termination date of the contract. Quarterly reports shall detail progress on all major tasks, in chronological order. The Quarterly Reports shall be submitted to the CBBEP Authorized Representative. Instructions for preparing the quarterly report will be provided by the CBBEP Authorized Representative. (b) Final Summary Report. The PERFORMING PARTY shall submit a written final summary report of work completed by no later than the date specified in the Schedule of Deliverables. The final report shall include at a minimum the Information requested in this Scope of Work, including revisions requested by the CBBEP Authorized Representative. PERFORMING PARTY shall submit the final report In an electronic fonnat compatible with CBBEP software. ARTICLE VI. SCHEDULE OF DELIVERABLES FOR THIS CONTRACT WORK PRODUCT SCHEDULE OF DELIVERABLES Quarterly Progress Reports End of each quarter Installation November 30, 2017 Final Summary Report December 31, 2017 ARTICLE VII. OTHER REQUIREMENTS FOR THIS CONTRACT (a) At the invitation of the CBBEP, the PERFORMING PARTY is required to make two verbal presentations of this project, at or near its conclusion, to committees of the CBBEP. The presentation is intended to disseminate project results and coordinate findings with other ongoing work. (b) If required as a part of this project, the PERFORMING PARTY will strictly adhere to the CBBEP publication guidelines when submitting publications. Each written deliverable shall be submitted as four (4) hard copies and as an electronic text file (format requirements to be provided by CBBEP). At least one hard copy shall be unbound and of camera ready quality for use as a CBBEP publication. The CBBEP publication guidelines can be obtained from the CBBEP Project Coordinator. (c) The PERFORMING PARTY shall submit to the CBBEP, within three weeks following a written request by CBBEP, a brief summary of project accomplishments and ongoing project work. The summary shall be written In everyday (non-technical) English for use in CBBEP newsletters, press releases, or other promotional publications. No more than one summary per quarter shall be required. 4 (a) PROJECT REPRESENTATIVES AND DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW The EXECUTIVE DIRECTOR of the CBBEP designates the individual named below as the person authorized to give direction to the PERFORMING PARTY as an Authorized Representative of the CBBEP. All communications including all payment requests must be addressed to the CBBEP Authorized Representative. Rae Mooney, Project Manager Coastal Bend Bays & Estuaries Program, Inc. 615 N. Upper Broadway, Suite 1200 Corpus Christi, Texas 78401 Phone: 361-336-0310 Fax: 361-400-5326 E -malt: rmooney@cbbep.org (b) The PERFORMING PARTY designates the individual named below as the person authorized to receive direction from the CBBEP, to manage the work being performed, and to act on behalf of the PERFORMING PARTY as an Authorized Representative: (c) Preeti Shrestha Engineer IV City of Corpus Christi Utilities Department 2726 Holly Road Corpus Christi, Texas 78415 T: 361-826-1805 F: 361-826-4317 Email: PreetiS@cctexas.com The PERFORMING PARTY designates the following location for record access and review pursuant to Article 12 of the Contract or any other applicable provision: City of Corpus Christi 2726 Holly Road Corpus Christi, Texas 78415 5 CONTRACT COSTS BUDGET A. Budget Authorized budgeted expenditures under this Contract ate as follows: PersonneVSalary $0 Fringe Benefits $0 Travel $0 Supplies $0 Equipment $20,000 Contractual $0 Construction $0 Other $0 Total Direct Costs $20,000 Authorized Indirect Costs $0 Total CBBEP Funding $20,000 B. Budget Control and Transfers Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current Total CBBEP Funding amount. C. Submittal of Payment Requests Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked, payment requests must be submitted monthly; if more than one is checked, invoices must be submitted when both requirements are met): quarterly. 11 other (specify) 6 GENERAL CONDITIONS REIMBURSEMENT CONTRACT ARTICLE 1. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY'S employees, agents, assigns, suppliers, and subcontractors. ARTICLE 2. AMENDMENT Except as specifically allowed below, this Contract may be amended only by written amendment signed by both parties. 2.1 CBBEP authority for making interpretations and agreeing to minor changes: 2.1.1 The CBBEP Project Coordinator has the authority, without a formal Amendment, to make written Contract interpretations and agree in writing t minor, non -material changes to requirements in the Scope of Work or the Contract Budget Including: • Changes to the schedule in the Scope of Work including an extension of a deliverable due date, not to exceed the expiration date of the Contract; • Changes to the Individual tasks in the Scope of Work that do not substantially change the obligations of the Parties relative to those Tasks; and • Transfers between the authorized amounts of expenditures in the Budget Categories. 2.1.2 To be effective, the Contract changes agreed to by CBBEP must be in writing and must also be agreed to by an Authorized Representative of the PERFORMING PARTY and CBBEP. 2.1.3 It is the responsibility of the PERFORMING PARTY to request extensions to the deliverable schedule and other changes that are within the authority of CBBEP. 2.2 A formal Amendment to the Contract signed by authorizing officials of both Parties is required for changes to the substantive obligations of the PERFORMING PARTY and/or CBBEP, including the following: 2.2.1 Changes in the total amount of funds in the Budget or the Contract; 2.2.2 Changes to the Contract's Expiration Date; 2.2.3 Changes to the Scope of Work that affect CBBEP obligations in this Contract; 2.2.4 Changes that affect the material obligations of the PERFORMING PARTY in this Contract. ARTICLE 3. INSURANCq This item has been deleted from the contract. ARTICLE 4. DATA. CORRECTIONS. WAIVER, AND QUALITY 4.1. Quality and Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the CBBEP, and will be indicated in writing by the CBBEP. Ali materials and equipment will be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract. 7 4.2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to the CBBEP. 4.3. Waiver. No waiver, whether expressed or Implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. 4.4. Quality Assurance. M work performed under this Contract that involves the acquisition of environmental data will be performed in accordance with a CBBEP/TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and EPA requirements. Environmental data includes any measurements or information that describes environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to the PERFORMING PARTY's receipt of the QAPP signed by CBBEP, TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to CBBEP, CBBEP may refuse reimbursement for any environmental data operation performed prior to approval of a QAPP by CBBEP, TCEQ, and if necessary, the EPA. Also, without prejudice to any other remedies available to CBBEP, the PERFORMING PARTY'S failure to meet the terms of the QAPP may result in CBBEP's suspension of associated activities and non -reimbursement of expenses related to the associated activities. 4.5. Laboratory Accreditation. Any laboratory data or analyses provided under this Contract must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified In 30 Texas Administrative Code Section 25.6. ARTICLE 5. PAYMENT 5.1. CBBEP will reimburse PERFORMING PARTY'S actual incurred costs of performance which are both: 1) allowable and 2) eligible for reimbursement. 5.2. Allowable Costs. A cost is allowable if it is within a category authorized by the Contract Documents and other rules, regulations, policies, guidelines, and statues applicable to this Contract including without limitation: 5.2.1. Contract Cost Budget of the Contract Documents (pertaining to authorized cost expenditures for this Agreement); 5.2.2. Uniform Grant Management Standards (UGMS) promulgated by the Office of the Governor of Texas; 5.2.3. TCEQ Allowable Expenditure Guidelines (pertaining to allowable costs for cost reimbursement contracts and grants); 5.2.4. CBBEP rules and policies (pertaining to CBBEP contracts and grants); 5.2.5. Other applicable State rules and statutes; 5.2.6. Federal regulations of EPA and other agencies and federal statues (pertaining to allowable costs where funding is from a federal source). 5.3 Eligible Costs. Costs are eligible for reimbursement when the PERFORMING PARTY has complied with the conditions/requirements stated In the Contract Documents. The requirements generally relate to the following: 5.3.1. performing the Work as specified; 5.3.2. conducting subcontract activities as specified; 8 5.3.3. conducting administrative activities as specified; 5.3.4. maintaining financial and administrative records and documentation; 5.3.5. submitting documents as specified and also upon request of CBBEP. 5.4. Payment Methods. CBBEP will pay approved requests for reimbursement upon receipt of funds for that purpose from TCEQ or other funding entity. CBBEP is not liable to make payment to the PERFORMING PARTY if funding is not available from TCEQ or other funding entity. CBBEP will reimburse PERFORMING PARTY'S allowable costs of providing Work which is timely and satisfactory, accepted by CBBEP, and in conformity with all requirements of this Contract and applicable law. Payment will be on a reimbursement basis of actual costs as expended. Payment will be made not more than 90 days after receipt of PERFORMING PARTY'S reimbursement request. 5.5. Reimbursement of Actual Cost as Expended. PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified In the Contract Costs Budget, PERFORMING PARTY may submit a request for reimbursement of the actual costs it has Incurred. All such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees that the CBBEP's obligation to reimburse the PERFORMING PARTY'S costs will remain within the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the Total CBBEP Funding amount. 5.5.1. Ail reimbursement requests must be submitted to the CBBEP Project Representative on a completed CBBEP Financial Status Report (CBBEP Form 269a) or State of Texas Financial Status Report (Form 269a) and (as applicable) Supplemental Financial Status Report Forms 269a-1, 269a-2, 269a-3, and 269a-4. Alt requests must show the budgeted cost categories for the reported expenditures, indicating the amount remaining in each category. A final Financial Status Report must be submitted no later than (sixty) 60 days following the termination date of this Contract. CBBEP may refuse to reimburse expenditures for which the PERMORMiNG PARTY submits a voucher and/or Financial Status Report more than sixty (60) days after the termination date of this Contract. 5.5.2. All requests for reimbursement under this Contract shall contain sufficient Identification of, and information concerning, the costs incurred so as to enable CBBEP to ascertain the eligibility of a particular expenditure and to enable subsequent audit thereof. 5.5.3. CBBEP will review the submittal and approve or reject the request for payment. 5.5.4. No funds may be expended under this Contract for the implementation of environmental data operations, nor any activities subsequent thereto, prior to the receipt of written approval from the CBBEP of the Quality Assurance Project Pian for the project. 5.5.5. The PERFORMING PARTY is responsible, throughout the term of this Contract, for tracking and insuring that expenditure amounts under this Contract remain within the various budgeted cost categories. 5.5.6. If the requests for payment do not satisfactorily demonstrate the accomplishment of the required tasks, or that costs are allowable, eligible, actual and incurred costs, the CBBEP will reject the request until such time as the deficiencies have been corrected. 5.5.7. CBBEP is not obligated to make payment until the request for payment is approved by TCEQ or other funding agency. Further, the CBBEP reserves the right to suspend or withhold all or part of a payment or all payments as authorized by the Contract Documents. 5.6. Contract Costs Budget. In addition to other requirements for allowable costs, PERFORMING PARTY'S costs must be incurred for those categories of costs and in the amounts described in the Contract Costs Budget contained in the Contract Documents. The Contract Costs budget 9 may be amended only by written agreement of the CBBEP and in accordance with these Contract Documents, as described in ARTICLE 2. AMENDMENT. The provisions of UGMS will be utilized to determine when costs are considered to be incurred. 5.7. Cost Documentation. To be eligible for reimbursement under this Contract, a cost must have been incurred within the time period indicated on a CBBEP Financial Status Report (CBBEP Form 269a) or State of Texas Financial Status Report (Forrn 269a) and either paid by the PERFORMING PARTY prior to claiming reimbursement from CBBEP or incurred by the last day of the time period Indicated and liquidated no tater than forty-five (45) days after the end of the time period indicated in Box 9 of the Financia! Status Report. 5,7.1. The PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 269a, legible documentation that (1) serves to further identify the specific items, equipment or services provided, (2) clearly identifies the vendor who provided the items, equipment or services, and (3) that confirms the reimbursable amount listed on the form. 5.7.2. All requests for reimbursement shall be identified with respect to the major tasks or objectives set forth in Attachment A of this Contract that such expenditures support or satisfy. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not break down that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 5.7.3. All requests for reimbursement of expenditures that fall within the "Equipment" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. The attached documentation shall be either a purchase order marked "received/paid" or a vendor - submitted invoice similarly marked. "Equipment" is defined as tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. 5.7.4. All requests for reimbursement of expenditures that fall within the "Contractual" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-1 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. The attached documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. "Subcontractor" is defined as an individual, firm, or corporation having a direct contract with PERFORMING PARTY or with any other Subcontractor for the performance of a part of the Work. 5.7.5. All requests for the reimbursement of expenditures that fall within the "Supply" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-2 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. Although issued purchase orders and/or invoices marked "received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. "Supplies" Is defined as costs for materials or items having a purchase price (including freight) of less than $1,000. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to CBBEP. 5.7.6. All requests for the reimbursement of expenditures that fall within the "Other" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a- 10 2 and identified with respect to the major tasks or objectives, set forth in Attachment A of this Contract, that such expenditures support or satisfy. Although issued purchase orders and/or invoices marked 'received/paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute/attach other records or documents that provide the same type of information. "Other" is defined as all direct cost Items or services not previously identified, including, but not limited to: space rental, printing, utilities, registration and postage. 5.7.7. All requests for reimbursement of expenditures that fall within the 'Personnel/Salary' or "Fringe' categories of the budget shall be itemized by the PERFORMING PARTY on Supplemental Form 269a-3 and identified by each employee name; title or position; salary for the period; and task number worked. In order to receive reimbursement, the PERFORMING PARTY shall provide copies of signed time sheets for all employees that will verify the total, overall hours of time being directly billed to this Contract, or provide a PERFORMING PARTY -approved ledger sheet documenting employees' names and total amount being directly billed to this Contract. Documentation for fringe benefits must list employee benefits that constitute cost with each employee listed on the PersonnelSalary section of the CBBEP Supplemental Form 269a-3. 5.7.8. Ali requests for the reimbursement of expenditures that fall within the "Travel" category of the budget shall be itemized by the PERFORMING PARTY on Supplemental Fomi 269a- 4 and identified with respect to the major tasks or objectives, set forth In Attachment A of this Contract, that such expenditures support or satisfy. Alt costs listed on Form 269a-4 must be supported by attached documentation that identifies the name of the traveler(s), and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel related costs, includes the following: (1) legible copies of PERFORMING PARTY -approved travel vouchers, signed by the employees who traveled, and (2) for travel -related expenses bome directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required), separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel dates(s). Any reimbursement for travel requested by the PERFORMING PARTY is subject to the limitations contained In General Appropriations Act of the Texas Legislature. Travel by volunteers will not be reimbursed unless pre - approved by CBBEP. 5.8 Release of Claims. As a condition of final payment or settlement, or both, the PERFORMING PARTY will execute and deliver to CBBEP a release of alt claims against CBBEP and its funding entities for payment under this Contract. ARTICLE 6. SUBCONTRACTORS. OTHERS 6.1. Qualified Personnel. All employees and subcontractors employed by PERFORMING PARTY on or for the Work must have sufficient qualifications to perform the Work. 6.2. Objections. All subcontract agreements must be in writing and approved in advance by the CBBEP. The PERFORMING PARTY shall forward any proposed subcontractor agreement providing for the performance of work under this Contract's Scope of Work to CBBEP's Project Representative prior to execution of the subcontractor agreement. The CBBEP may, as of receipt of the proposed subcontractor agreement, provide written notice (fax acceptable) to the PERFORMING PARTY questioning whether the subcontractor agreement is for a legitimate purpose relating to the satisfaction of this Contract or has been procured in accordance with the minimum standards of the UGCMA and UGMS. The PERFORMING PARTY shall not enter into a questioned subcontractor agreement until the CBBEP has withdrawn all questions raised in the notice. PERFORMING PARTY will not employ an y particular subcontractor, supplier or other person or organization on or for the Work if CBBEP makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. Neither the CBBEP's failure to question a subcontractor agreement nor its subsequent withdrawal of any questions raised regarding a 11 subcontractor agreement shall in any way imply the CBBEP's approval of the subcontractor agreement's purpose of method of procurement of the subcontractor agreement. 6.3. Subcontracts. PERFORMING PARTY will include alt provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. Work performed under this contract will be considered a "public work". Wages prevailing in the area of the work performed will be paid in accordance with federal and state laws, including, as applicable, complying with the provisions of the Davis -Bacon Act (40 U.S.C., § § 276c and 18 U.S.C. § § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction subagreement. 6.4. Contractual Expenditures. PERFORMING PARTY agrees that all contractual expenditures using funds provided under this Contract shall meet all procurement laws and regulations. PERFORMING PARTY must provide documentation to support the selection and award of the subcontractor. Reimbursement of subcontractors' expenditures for supplies, equipment and services shall be based on actual cost and may not be marked -up. 6.5. Management and Fiscal Monitoring. The PERFORMING PARTY shall be responsible for the management and fiscal monitoring of all subcontractors. The PERFORMING PARTY shall monitor its subcontractors to ensure that the subcontractors are operating consistently with applicable laws and regulations, applicable contracting policies, and these Contract Documents. The PERFORMING PARTY shall ensure that all subcontractors comply with all record keeping and access requirements set forth in these Contract Documents. Subcontractors performing services that are billed on the basis of time must provide copies of signed time sheets for all subcontractor employees billed to the project. Subcontractors billing for mileage may only charge the approved state mileage rate and must provide supporting documentation. Markup by subcontractors is not allowed. PERFORMING PARTY and subcontractors shall maintain detailed records. The CBBEP reserves the right to perform an independent audit of subcontractors. 6.6. Competition. All subcontracts awarded by the PERFORMING PARTY under this Contract will be awarded on the basis of competitive applications and proposals. All subcontracts for certain professional services (except contracts with other government entities authorized by relevant state laws), Including engineering services, will be awarded in accordance with Texas Govemment Code Chapter 2254. All other subcontracts (except contracts with other government entities authorized by relevant state laws) awarded by the PERFORMING PARTY under this contract will be awarded on a competitive basis in accordance with relevant procurement laws and regulations, including, but not limited to, UGMS, Texas Local Government Code Chapters 252, 262 and 271, and Texas Government Code 2156. The applications and proposals will be evaluated utilizing criteria including cost comparison, probable quality of goods or services, past performance and conformity with the requirements of the Contract Documents. The use of the "cost plus a percentage of cost" method of contracting is precluded by the Common Rule of OMB Circular A-102, as adopted by UGMS. ARTICLE 7. INTELLECTUAL PROPERTY 7.1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, first actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY hereby assigns to CBBEP a nonexclusive, perpetual, Irrevocable, enterprise -wide license to use, copy, publish and modify such intellectual property and authorize others to do so for CBBEP purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be fumished to CBBEP. To the extent consistent with the rights of third parties, the State of Texas and/or the Federal Government shall also have the right to sell any intellectual property right it reserves or acquires through this Contract. 7.2. License of Existing Rights. PERFORMING PARTY grants to CBBEP, TCEQ and EPA, a nonexclusive, perpetual, irrevocable, enterprise -wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for CBBEP purposes. PERFORMING 12 PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any property rights of any third -party. PERFORMING PARTY agrees to require its contractors to Indemnify and hold harmless CBBEP from damages arising from or related to any Infringement of rights in Intellectual property. To the extent permitted by law, PERFORMING PARTY agrees to indemnify and hold harmless CBBEP from damages arising from or related to any infringement of rights in intellectual property. ARTICLE 8. SEVERABILITY The fact that a particular provision Is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. ARTICLE 9. SUSPENSION; TERMINATION 9.1. For Cause. In the event of PERFORMING PARTY'S failure to perform the Work as required by the Contract, violation of applicable law, substantial or material default, or other cause, CBBEP may suspend the Work or terminate this Contract for cause. 9.2. Force Majeure. In the event of delay or failure of performance caused by force majeure, CBBEP may terminate this Agreement in whole or part upon seven (7) days written notice. 9.3. For Convenience. CBBEP may terminate this Contract for convenience and without cause upon seven (7) days notice. 9.4. Payment Adjustment. If the CBBEP terminates for convenience or because of force majeure. PERFORMING PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termination. ARTICLE 10. SURVIVAL OF OBLIGATIONS All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion and'acceptance of the Work and termination or completion of the Contract. ARTICLE 11. LAWS AND REGULATIONS PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except where otherwise expressly required by applicable law, CBBEP shall not be responsible for monitoring PERFORMING PARTY compliance with any applicable law. PERFORMING PARTY shall, except as otherwise provided in this Agreement, be responsible for obtaining any necessary licenses and permits. ARTICLE 12. AUDIT, ACCESS TO RECORDS The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (Including that performed by subcontractors), and shall retain them for at least three (3) years from the date of termination of this Contract. The CBBEP, the TCEQ, the Texas State Auditor's Office, and EPA or any of their duly authorized representatives may review, audit, copy, or disclose the contents of such books or records at any time. ARTICLE 13. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the CBBEP, the TCEQ and EPA whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the CBBEP, shall carry the following notation on the front 13 cover or title page: PREPARED IN COOPERATION WITH THE COASTAL. BEND BAYS & ESTUARIES PROGRAM, INC., TEXAS COMMISSION ON ENVIRONMENTAL QUALITY If the funding source is a U.S. agency other than EPA or TCEQ, the name of the appropriate funding agency should be substituted or included. ARTIQLE 14. COST AND PRICE OF THIS CONTRACT If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by Uniform Grant Management Standards (UGMS) and 40 CFR 31.36. This information must be submitted on forms provided by the CBBEP. ARTICLE 15. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS 15.1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with UGMS and 40 CFR 31.20. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 15.2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in UGMS and 40 CFR 31.32 through 31.33. ARTICLE 16. CLOSEOUT When CBBEP determines that all applicable administrative activities and all required work of this Agreement have been completed, or this Agreement is terminated, the CBBEP shall give Notice of Closeout of the Award. Within 30 days after the issuance of the NOTICE of Closeout of the Award, the PERFORMING PARTY must submit all financial, performance, and other reports as required' as a condition of the grant. These reports may include, but are not limited to: 1. All performance or progress reports required by this Agreement. 2. Financial Status Report. 3. Final request for payment. 4. CBBEP Release of Claims form. ARTICLE 17. MISCELLANEOUS 17.1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the CBBEP to the Project Representative designated by the CBBEP. The PERFORMING PARTY will designate a Project Representative to receive all communications from the CBBEP. Both Project Representatives will be designated in writing (see Project Representatives / Records Location). 17.2. 'Time is of the Essence" will apply to all time limits stated in the Contract. 17.3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in UGMS, including those related to financial monitoring, auditing and record keeping. ARTICLE 18. HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) In accordance with state and federal laws, CBBEP is required to assist HUBs, whether minority or women -owned, to participate whenever possible in providing goods and services. CBBEP encourages those parties with whom it contracts to adhere to this same requirement. PERFORMING PARTY shall complete and return the CBBEP Contractor Participation Reporting Form with each payment request submittal as determined in this Contract (see Contract Cost Budget, item C). CBBEP guidelines are 14 • • • • .15 • • AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: October 24, 2017 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division Kimb2(a�cctexas.com (361) 826-3169 Supply Agreement for Sodium Permanganate Solution for the O.N. Stevens Water Treatment Plant for Two Years at $3,407,859.00, With Two Additional Two-year Options and a Total Potential Multi -Year Amount of $10,223,577.00 CAPTION: Motion authorizing City Manager, or designee, to execute a supply agreement with Carus Corporation, of Peru, Illinois for the purchase of sodium permanganate solution in response to Request for Bid (RFB) No. 1266, based on the lowest responsive, responsible bid, for a total amount not to exceed $3,407,859.00, with an estimated expenditure of $1,561,935.38 FY2017-18 funded by the Water Fund. The term of the agreement is for two years with an option to extend for two additional two-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $10,223,577.00. PURPOSE: This item is to approve a supply agreement for sodium permanganate for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Sodium Permanganate is a chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant. This chemical helps to treat the algae that is incoming in the source waters and also present in the pre -sedimentation basin. Due to an outbreak of algae on the pre -sedimentation basin and source waters, the O.N. Stevens Water Treatment Plant began utilizing Sodium Permanganate for algae control. This started in early 2016 and has continued due to the hot weather in the summer and winter months. Without the use of this chemical, the treated water has the potential to have algae present in the distribution system. This would result in taste and odor complaints as well as green tint to the water, which could result in loss of chlorine residuals and promote bacterial growth through the distribution system. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Carus Corporation. ALTERNATIVES: No feasible alternatives. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department — Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $6,806,762.00 $8,661,641.62 $15,468,403.62 Encumbered / Expended Amount $0 $0 $0 This item $1,561,935.38 $8,661,641.62 $10,223,577.00 BALANCE $5,244,826.62 $0 $5,244,826.62 Fund(s): Water Comments: The initial contract term total is $3,407,859.00 of which $1,561,935.38 is funded in FY2017-18. If all options are exercised the total contract value will be $10,223,577.00. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: CYNTHIA PEREZ Bid Tabulation RFB 1266 Sodium Permanganate Total: $1,703,929.50 Total: $1,767,552.55 Carus Corporation Shannon Chemical Peru, IL Malvern, PA Item Description Annual Qty. Unit Unit Price Extended Price Annual Qty. Unit Unit Price Extended Price 1 40% Solution Sodium Permanganate 1,456,350 Lbs. $1.17 $1,703,929.50 1,456,350 Lbs. $ 1.213 $1,766,552.55 2 Unloading Delay 25 HR $0.00 25 HR $40.00 $1,000.00 Total: $1,703,929.50 Total: $1,767,552.55 SUPPLY AGREEMENT NO. 1266 Sodium Permanganate Solution THIS Sodium Permanganate Solution Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Carus Corporation ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Sodium Permanganate Solution in response to Request for Bid No. 1266 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Sodium Permanganate Solution in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 24 months. The parties may mutually extend the term of this Agreement for up to two additional 24 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $3,407,859.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Name: Diana Zertuche-Garza Department: Utilities Phone: (361) 826-1827 Email:dianaG@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche-Garza Title: Contracts/Fund Administrator Address: 13101 Leopard Street,Corpus Christi, TX 78410 Fax: (361) 826-4488 IF TO SUPPLIER: Carus Corporation Attn: Susan Buchanan Title: VP, CFO Address: 315 Fifth Street, Peru , IL 61354 Fax: (815) 224-6697 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 SUPPLIER Signature: � i, 1, Printed Name: David J I(pzy Title: CEO Date: September 27, 2017 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1266 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A - Scope of Work 4.1 General Requirements The Supplier shall provide Sodium Permanganate Solution as outlined in this Scope of Work to be used at the City of Corpus Christi Water and Wastewater Treatment Plants. This chemical is used for algae control in water and must conform to all the requirements of this specification. 4.2 Scope of work The Supplier shall provide with every delivery a chemical analysis for each chemical shipment, and the chemical analysis must include the percentage of assay, specific gravity and pH. MATERIAL REQUIREMENTS: The Sodium Permanganate Solution delivered under this agreement will meet the following specifications: Item Weight Assay 39.5 - 41.0% as NaMn04 pH 5.0 - 8.0 Specific gravity 1.36 - 1.39 Certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60 for drinking water treatment chemicals -health effects. The product should meet the AWWA Standard B603-03; EN: 15482-2007. 4.3 Delivery and Weighing Requirements 1. The Supplier will be responsible for unloading the chemical. The Supplier shall provide any special equipment necessary for unloading, up to and including, hoses, connections, compressors, etc. 2. The Supplier must provide an affidavit of compliance to the City of Corpus Christi stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. 3. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximately every three (3) months during the supply agreement, the City will take a random sample of the chemical upon delivery. This sample will be sent to an independent laboratory chosen by the City, and tested for all items outlined in the product specifications. 4. The Plant Supervisor may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the product specifications. 5. Deliveries of Sodium Permanganate solution must be by drivers thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures for sodium permanganate solution. All spills and leakage, regardless of size must be properly and immediately cleaned up by Supplier's personnel. The Supplier shall be required to respond to any and all such emergencies within eight (8) hours of being notified. 6. The Supplier shall allow two (2) hours "unloading time" for each chemical shipment, starting from the time the load enters the plant site to the time the unloading of the chemical shipment is completed. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi representative has signed all delivery tickets for each respective load. Any unloading time in excess of two (2) hours which is directly attributable to the City will be paid for at the unit price bid for "Unloading Delays," rounded and prorated to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. 7. Shipment(s) will be delivered in approximately 36,000 Ib. lots. Each chemical shipment must be weighed on a state certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the water treatment plants. 8. The Supplier shall be responsible for mailing a legible copy of each chemical shipment weight "ticket" to the respective City of Corpus Christi Water Supervisor within 5 business days of delivery of the chemical. Payments to the Supplier will not be processed unless this requirement is met. 9. Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Sunday, excluding holidays, unless specific arrangements are made otherwise. 10. Orders will be placed by telephone or email. The Supplier will deliver the amount of Sodium Permanganate solution ordered within twenty-four (24) hours of order placement. No minimum or maximum purchase of Sodium Permanganate Solution is guaranteed by the City within the duration of the contract. 4.4 Deliveries will be made to the following location: O.N. Stevens Water Treatment Plant, 13101 Leopard St., Corpus Christi, TX 78410 4.5 Other Requirements 1. All materials supplied must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Supplier shall base its billing and quantity for each chemical shipment on "local" certified weight tickets for the delivery of Sodium Permanganate Solution. 3. The Supplier must submit the chemical analysis, weight ticket, and bill of lading with each invoice. 4. Prior to initial use of the Sodium Permanganate solution, and annually thereafter, the Supplier shall conduct a minimum of two (2) training seminars for the City's operating personnel on the application and control of the Sodium Permanganate solution, and shall include the following: a. Basic chemical properties of the Sodium Permanganate solution b. Safety training c. Equipment operation/set up d. Safety Data Sheet 4.6 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will also provide supervision of the work to insure it complies with the contract requirements. Attachment B - Bid Price/Schedule GoU CITY OF CORPUS CHRISTI C�j�, 111 'P-Agi') BID FORM v/ PURCHASING DIVISION ago RFB No. 1266 Powa,E� x$52 Sodium Permanganate Solution PAGE 1 OF 1 Date: September 18, 2017 Authorized Bidder: Carus Corporation Signature: `1.r1,(/�'i;%'j " ��"�� �''� ° Susan BuchananNP, CFO 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non - Responsive if the bid form is modified. Item Description UNIT QTY Unit Price Total Price 1 40 % Solution Sodium Permanganate Lbs. 1,456,350 $1.17 $1,703,929.50 2 Unloadin • Dela HR 25 N/A $0.00 Total �� ,,I._ $1.703.929.50 Attachment C - Insurance Requirements SUPPLIER'S LIABILITY INSURANCE 1. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of This Exhibit $500,000 / $500,000 / $500,000 Pollution Liability (Including Cleanup and remediation $1,000,000 Per Incident Limit $1,000,000 Aggregate 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any cancellation, non -renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Utilities Supply and Deliver Sodium Permanganate 06/28/2017 sw Risk Management Attachment D - Warranty Requirements No warranty requirements for this supply agreement; Section 8. Warranty is null for this supply agreement. CERTIFICATE OF INTERESTED PARTIES Complete Nos, 1- 4 and 6 if there are interested parties. Complete Nos, 1, 2, 3, 5. and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Carus Corporation Peru. IL United States 2 Name of govemmentet entity or state agency that is a party to the contra t for which the form is being filed. City of Corpus Christi FORM 1295 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-264112 Date Filed: 09/22./2017 Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 749 Manufacture and delivery sodium permanganate 4 Name of Interested Party Kuzy, David J. Buchanan, Susan Nature of interest City, State, Country (place of business) (check applicable) Controlling Intermediary Peru, IL United States Peru, IL United States x x 5 check only if there is NO Interested Party, 6 AFFIDAVIT OFFICIAL SEAL SHELLEY A BURR NOTARY PUBLIC - STATE OF ILLANOMS MY COMMISSION EXPIRES:04111/18 AFFIX NOTARY STAMP ! SEAL ABOVE 1 swear. or affirm, under penalty of perjury, that the above disclosure is true and correct, Signature of authorized agent of contracting business entity Sworn to and subscribed before me. by the said � �` �� 1 r.,� , this the D_'1 — day of 20 lT , to certify which, witness my hand and seal of office. Signature of a r administering oath Printed name of office administering oath Title of officer ad inistering oath Forms provided by Texas Ethics Cumrnission www.emics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: October 24, 2017 TO: Margie C. Rose, City Manager FROM: Steve Viera, Director Human Resources SteveV@cctexas.com 361-826-3445 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com 361-826-3169 Section 125 Cafeteria Plan Administration Services, with a Total Potential Multi-year Amount of Up to $178,062.00 CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Application Software, Inc., dba ASIFIex of Columbia, Missouri to provide Section 125 Cafeteria Plan Administration Services for the Corpus Christi City employees and their families in response to Request for Bid No. 1262 based on the lowest responsive, responsible bid for a total amount not to exceed $35,612.40, of which $32,644.70 is funded in FY2017- 18 in the Employee Fund. The term of the agreement is for one year with an option to extend for up to four additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of up to $178,062.00. PURPOSE: This service agreement is for Section 125 Cafeteria Plan Administration Services for City employee who elect flexible spending account and dependent care assistance programs. BACKGROUND AND FINDINGS: Section 125 Plans refer to written plans offered under the Internal Revenue Code Section 125 that allows pretax deduction of health insurance and other benefit plan premiums. These plans, more commonly known as Cafeteria Plans, not only reduce employees' tax burden but also save employers money by eliminating employer -required matching of Social Security and Medicare taxes on these pre-tax deductions. The Section 125 plan also permits employees to elect flexible spending account and dependent care assistance programs which allow employees to re -direct some of their pay on a pre-tax basis to use for eligible medical or dependent care expenses for themselves and their family. Application Software, Inc., dba ASIFIex will be administering these benefit plans. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received seven responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Application Software, Inc., dba ASIFIex. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Human Resources FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $46,550.00 $145,417.30 $191,967.30 Encumbered / Expended Amount $10,901.00 $0.00 $10,901.00 This item $32,644.70 $145,417.30 $178,062.00 BALANCE $3,004.30 $0.00 $3,004.30 Fund(s): Other Employee Fund Comments: The initial contract is for an amount not to exceed $35,612.40, with $32,644.70 is funded in FY2017-18. Total potential multi-year amount of up to $178,062.00. Annual funding will be requested during future budget years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVAALVARADO BID TABULATION RFB 1262 -SECTION 125 CAFETERIA PLAN ADMINISTRATION $48,288.00 $43,459.20 $39,576.00 $35,612.40 $36,216.00 $36,716.00 $43,252.00 Total JoLin Benefit Administrative Application Frates Benefit HealthSCOPE WageWorks, Inc. Software, Inc., Maestro Health Administrators Services dba, Administrators Benefits Corporation ASIFIex ITEM DESCRIPTION UNIT QTY Houston, TX Madison, WI San Mateo, CA Columbia, MO Oklahoma City, OK Little Rock, AR Chicago, IL ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL ANNUAL UNIT UNIT UNIT UNIT UNIT UNIT UNIT TOTAL TOTAL TOTAL TOTAL ANNUAL TOTAL TOTAL PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE TOTAL PRICE PRICE PRICE 1 Start Up Fee LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,000.00 Annual Administration EA 5 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 Fee FSA Administration EA 950 $4.00 $45,600.00 $3.60 $41,040.00 $3.40 $38,760.00 $2.95 $33,630.00 $3.00 $34,200.00 $3.00 $34,200.00 $3.50 $39,900.00 3 Fee- w/debit card FSA Administration EA 20 $4.00 $960.00 $3.60 $864.00 $3.40 $816.00 $2.95 $708.00 $3.00 $720.00 $3.00 $720.00 $3.50 $840.00 4 Fee- w/o debit card D.C.A.P. Administration EA 36 $4.00 $1,728.00 $3.60 $1,555.20 $0.00 $0.00 $2.95 $1,274.40 $3.00 $1,296.00 $3.00 $1,296.00 $3.50 $1,512.00 5 Fee Non Discrimination LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500.00 $500.00 $0.00 $0.00 6 Testing Plan Document LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Creation & 7 Maintenance Customized Reporting or LS 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 Programming $48,288.00 $43,459.20 $39,576.00 $35,612.40 $36,216.00 $36,716.00 $43,252.00 SERVICE AGREEMENT NO. 1262 Section 125 Cafeteria Plan Administration THIS Section 125 Cafeteria Plan Administration Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Application Software, Inc. dba ASIFIex ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Section 125 Cafeteria Plan Administration in response to Request for Bid/Proposal No. 1262 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Sectiton 125 Cafeteria Plan Administration ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to four additional 12 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $35,612.40, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 9/18/17 Rose Bond Human Resources 361-826-3878 RoseB2@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 9/18/17 purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 9/18/17 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Rose Bond Health Benefits Manager 1201 Leopard Street, Corpus Christi, TX 78401 Fax: 361-826-3322 IF TO CONTRACTOR: Application Software, Inc., dba ASIFIex Attn: John M. Riddick President/CEO 201 West Broadway, Bldg 4C, Columbia, MO 65203 Fax: 573-499-1840 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 9/18/17 LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 9/18/17 23. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 9/18/17 CONTRACTO Signature: i ' • Printed Name. _)gcksern Title: VP S DWI -5d Date: 10 - 4- 20f1 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1262 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 9/18/17 Attachment A: Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide Section 125 Plan Administration services, Flexible Spending Account and Dependent Care, as outlined in this Scope of Work. The City's Section 125 Plan is attached as Exhibit A and the current census is attached as Exhibit B. B. The City or agents reserves the right to audit Contractor's performance by reviewing pertinent records and documentation, including clinical records, subject to appropriate confidentiality requirements. C. Contractor must be able to implement the program with an effective date of October 1, 2017. 2. Scope of work A. The Contractor shall provide the following services and access levels. 1. Administration and reimbursement of eligible expenses of the Flexible Spending Account in compliance with all federal regulations, including paper and electronic submission of claims, as well as provision of a debit card. 2. Administration and reimbursement of eligible expenses for the Dependent Care Assistance Program, including paper and electronic submission of claims. 3. Standardized reporting to both members and administration regarding account balances. 4. Toll free customer service access, as well as online member customer service access. 5. Non-discrimination testing (if applicable). 6. Creation of required Plan Documents and forms. Page 1 of 2 B. The Contractor must be properly licensed to conduct Section 125 Cafeteria Plan Administration services. 3. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor shall provide supervision of the work to insure it complies with the contract requirements. 4. Special Instructions A. The Contractor shall conduct customer satisfaction surveys and provide a copy of most recent results. B. The Contractor shall provide in detail any subcontract portion of Section 125 Cafeteria Plan Administration services. Page 2 of 2 Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1262 Section 125 Cafeteria Plan Administration Date: September 18, 2017 Authorized Bidder: Application Software, Inc. dba ASIFIex Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price 1 Start Up Fee LS 1 FREE FREE 2 Annual Administrative Fee EA 5 FREE FREE 3 FSA Administration Fee - with Debit Card EA 950 $2.95 $2,802.50 mo. $33,630 ann. 4 FSA Administration Fee - without Debit Card EA 20 $2.95 $59 mo. $708 ann. 5 D.C.A.P Administration Fee EA 36 $2.95 $106.20 mo. $1,274.40 ann. 6 Non -Discrimination Testing (If applicable) LS 1 FREE FREE Plan Document Creation &7 Maintenance LS 1 FREE FREE 8 Customized Reporting or Programming LS 1 FREE FREE Optional Travel: Meetings $250 per day/plus travel. Total $2,967.70 mo. $35,612.40 ann. Attachment C: Insurance Requirements A. PROPOSER'S LIABILITY INSURANCE 1. Proposer must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Proposer must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2. Proposer must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended Page 1 of 4 3. In the event of accidents of any kind related to this agreement, Proposer must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Proposer must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Proposer will be promptly met. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Proposer shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Page 2 of 4 reporting period provisions and identify any limitations regarding who is insured. CRIME/EMPLOYEE DISHONESTY Contractor shall name the City Corpus Christi, Texas as Loss Payee of $1,000,000 Per Occurrence WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 3. In the event of accidents of any kind related to this agreement, Proposer must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Proposer must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Proposer will be promptly met. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Proposer shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Page 2 of 4 4. Proposer agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Proposer shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Proposer's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Proposer's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Proposer to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractor's performance of the work covered under this agreement. Page 3 of 4 8. It is agreed that Proposer's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2017 Insurance Requirements Purchasing - HR Benefits Section 125 Plan Administration Services 07/26/2017 sw Risk Management Page 4 of 4 Attachment D: Warranty Requirements Section 8. Warranty is null for this Service Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-268689 Date Filed: 10/04/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Application Software Inc Columbia, MO United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB 1262 Administration of Flexible Benefits Plan for the City of Corpus Christi. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Riddick, John Columbia, MO United States X 5 Check only if there is NO Interested Party. 6 A ll I 1 AFFIX Sworn 20 ^ 4 PATRICIA L HOUSE Notary Public - Notary Seal Boone County - State of Missouri Commission Number 13837754.A My Commission Expires Jul 14, 2021 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said I , to certify w ich, itn ss my hand I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 7 f ' / •, — /"'� y Signature of authorized agent of contracting business entity , this the -a day of 1 s • , and seal of office. 7C4 /714 LL f/ l I 6‘,CA.._' A:-/ i , , Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 24, 2017 Action Item for the City Council Meeting of October 31, 2017 DATE: October 24, 2017 TO: Margie C. Rose, City Manager FROM: Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2(a�cctexas.com (361) 826-3169 Supply Agreement for Office Supplies City -Wide for a Two-year Not to Exceed Amount of $1,626,800.74, with Two Additional One-year Options and a Total Potential Multi -Year Amount of $3,253,601.48 CAPTION: Motion authorizing City Manager, or designee, to execute an agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies in response to Request for Bid No. 1257 based on the lowest responsive, responsible bid for a total amount not to exceed $1,626,800.74 of which $745,617.01 is funded in FY2017-18 from multiple funds. The term of the agreement is for two years with an option to extend for up to two additional one-year periods, subject to the sole discretion of the City, with a total potential multi-year amount of $3,253,601.48. PURPOSE: To approve a supply agreement with Gateway Printing an Office Supply, Inc., to provide office supplies citywide. BACKGROUND AND FINDINGS: This competitive procurement continues the consolidation of the City's office supplies into one centralized supply agreement. The supplier will provide not only the commodities, but the service, transportation/freight, material tracking and delivery competences necessary to provide the City with next -day delivery. This supply agreement will serve approximately 50 physical locations for the City of Corpus Christi with their office supplies requirement. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bid, and two no bid and is recommending the award to the lowest responsive, responsible bidder, Gateway Printing & Office Supply, Inc. Gateway Printing & Office Supply, Inc. is offering a Rebate Program to the City of Corpus Christi of 2% for office supply contract purchases. The rebate check will go into the General Fund. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These purchases conform to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Various FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $813,400.37 $2,507,984.47 $3,321,384.84 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $745,617.01 $2,507,984.47 $3,253,601.48 BALANCE $67,783.36 $0.00 $67,783.36 Fund(s): General Fund Comments: The initial contract is for an amount not to exceed $1,626,800.74, of which $745,617.01 is funded in FY2017-18. The total estimated contract value will be $3,253,601.48 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB1257 - Office Supplies ITEM DESCRIPTION UNIT A&W Office Supply,Inc. Corpus Christi, TX (ateway Printing & Office Supply, Inc. Corpus Christi, TX Office Depot, Inc Boca Raton, FL Adorama, Inc New York, NY Algae Solution Culver City, CA UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1 8.5x11 White Copy Paper CS $29.00 $24.00 $27.50 No Bid No Bid 2 8.5x14 White Copy Paper CS $39.45 $36.50 $39.99 No Bid No Bid 3 11x17 White Copy Paper RM $6.20 $5.90 $7.01 No Bid No Bid 4 8.5x11 Laser Paper RM $5.10 $3.50 $4.68 No Bid No Bid 5 Cartridge, HP950XL, Blk EA $33.31 $15.00 $32.97 No Bid No Bid 6 Cartridge, HPCE285A, Blk EA $57.16 $25.00 $59.95 $68.63 No Bid 7 Cartridge, HEWCE260A, Blk EA $132.83 $60.00 $139.31 No Bid No Bid 8 Cartridge, PH93XL, Blk EA $29.14 $13.00 $28.84 No Bid No Bid 9 Cartridge, HPCE390A EA $143.69 $65.00 $150.72 $161.07 No Bid 10 Cartridge, HP564XL, Blk EA $18.85 $10.00 $22.11 No Bid No Bid 11 Catalog Discount 71.02% 88% 48% 1% No Bid SUPPLY AGREEMENT NO. 1257 Office Supplies THIS Office Supplies Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Gateway Printing & Office Supplies ("Supplier'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Office Supplies in response to Request for Bid No. 1257 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Office Supplies in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 24 months. The parties may mutually extend the term of this Agreement for up to two additional 12 -month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then -current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $1,626,800.74, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 10/2/17 Maria Pedraza Finance 361.826.3176 MariaPeCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 10/2/17 any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 10/2/17 IF TO CITY: City of Corpus Christi Attn: Maria Pedraza Procurement Manager 1201 Leopard Street, Corpus Christi, TX 78401 Fax: 361.826.3174 IF TO SUPPLIER: Gateway Printing & Office Supply, Inc. Attn: Butch Shook Sr. Vice President 4934 Greenwood Drive, Corpus Christi, TX 78416 Fax: 361.225.3055 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 10/2/17 Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 10/2/17 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 10/2/17 SUPPLIER Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1257 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 10/2/17 Attachment A: Scope of Work 1. General Requirements/Background Information A. The Contractor shall provide office supply and deliver to approximately of 50 physical locations city wide, each of which may have multiple desk top delivery locations. B. Historical Expenditures: October 2016 - July 2017 $598,412.64 October 2015 - September 2016 $449,292.68 October 2014 - September 2015 $563,276.72 2. Scope of Work A. The Contractor shall make available a full selection of office supplies including name brand toners for copiers and printers. B. The cost of delivery shall be incorporated in the cost of the items under this contract. Contractor shall not charge any extra charge for delivery. C. Desktop delivery to the person who placed the order is required. This requirement is of importance in large facilities such as City Hall. D. With the exception of special -order items, the Contractor shall provide next business day delivery of items. Orders placed after 3:00 pm shall be delivered on the second business day. E. In cases where the Contractor cannot meet the lead time, or does not offer requested product required by the City, the City reserves the right to secure items from other sources. F. The City will not be required to place a minimum order size. G. Contractor shall not charge a restocking fee or freight charges for returns made within 30 days of order. Contractor will assume freight/delivery charges for returned items. Page 1 of 2 H. The Contractor shall make available to the City a website which orders may be placed. Contractor's website shall have the capability to suggest to the purchaser name brand and "non -brand name equivalents/store-brands". 3. Work Site and Conditions The Contractor is not required to have a physical location in Corpus Christi. 4. Special Instructions A. The Contractor will provide a single point of contact who will have primary responsibility for the administration of the contract. B. Contractor will be available to take orders via telephone during the City's hours of operation, which are: Monday -Friday 8:00 am - 5:00 pm Central Time except the following holidays during which the City is closed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Day after Thanksgiving, and Christmas Day. Page 2 of 2 oerax 1882 Date: 5(2° t/ Bidder: V e.wuy tri �Eir 1 d ' i(riIN< Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1257 Office Supplies Authorized Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Oppor'unity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. The following list of items is just a sample of the most commonly used items. This bid form is for comparison purposes to determine the lowest cost provider. Item Description 1 4 Paper UPC UN Unit Price Total Price 8.5X1 1 White Copy Paper 8.5X14 White Copy Paper 11X17 White Copy Paper 8.5X1 1 Laser Paper, WE Ink Cartridge 723382885019 CS $z`f..00 t 2e -f.00 728062400029 CS 3� .ro 4 3cp.5° 723382300185 RM $ 5.9p 035255450010 RM .13.50 3.50 5 Cartridge, Inkjet, HP950XL, Blk 88611 1609680 EA $ 15 00 15,00 Gateway Printing & Office Supply, Inc. Value of contract is based on the projected budget by organization for fiscal year 2017-2018. Pagel of 3 6 Cartridge, HP CE285A, Blk 3525575575 EA 4 .6t5 7 Cartridge, HEWCE260A, Blk 884420186816 EA 8 Cartridge, IJ,HP 932XL, Blk 9 10 Cartridge, HP CE390A, Blk, 10K Cartridge, Ink, HP 564XL, Blk 886111601462 653598105840 886111234295 EA ( 3 D $ . EA , 00 EA o Total General Office Supplies 11 Catalog Discount Percentage See Exhibit "A" for Rebate Program Gateway Printing & Office Supply, jr.c. Page 2 of 3 Q PRINTING OFFICE SUPPLIES • OFFICE FURNITURE Exhibit "A" Bid Close Date: 9/6/2017 10:00 AM CT Re: Gateway Office Supply Rebate Program Bid: City of Corpus Christi Texas RFB No. 1257 Office Supplies 2% rebate for Office Supply contract purchases • Rebate program terms: This rebate program is for the length of term set forth in the City of Corpus Christi Texas RFB No. 1257 Office Supplies (Including any and all extensions) • Rebate program is for Primary Supplier Status only. • Rebates to be paid annually within the first quarter of the following term of the contract. • Rebates to be paid on invoices that are paid within Gateway's net 30 payment terms. • Rebate payment exclusions: - Copy Paper - OEM Toners (IE: HP Brand, etc...) - Furniture Gateway Printing & Office Supply, Inc. 4934 Greenwood Dr. Corpus Christi, TX 78416 (361)225-0772 www.gatewayp.com Page 3 of 3 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTOMOBILE LIABILITY (including) 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of This Exhibit $500,000 / $500,000 / $500,000 Page 1 of 3 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. B. Additional Requirements 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 2. Contractor shall be required to submit renewal certificate of Insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 3. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. Page 2 of 3 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any cancellation, non -renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 4. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 5. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 6. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or properly resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 7. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 8. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements Purchasing Office Supply Delivery Service 07/03/2017 sw Risk Management Page 3 of 3 Attachment D: Warranty Requirements Section 8. Warranty is null for this Supply Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1.4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY i CERTIFICATION OF FILING Certificate Number: 2017-256529 Date Filed: 09/05/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Gateway Printing & Office Supply, Inc. San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. RFB No. 1257 Office Supplies Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Shook, Butch San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure i5 true and correct. -- osis ub,, ;.owe PUo 1. TERESA STOUTON :°.'y{•'s Notary Public. State of Texas *:.0.1, Comm, Expires 10-16-20191- %.,eoFiE. / - ,„,,,,„soNofary ID 13040649.8 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said /iQ t/T Lv'� n/ a.0 vt_— this the day of SVin te/-•, _ 20_1__, to certify which, witness my hand and seal of office. Pit.)Q oath Siy.:ature Of uffkl.Or acirmii6lelirrg oath Printed name of officer administering oath Title of officer administering Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337