Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 11/19/2019 (8)
City of Corpus Christi Meeting Agenda - Final -revised City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 19, 2019 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kevin Norton, Director of Water Utilities. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 19-1567 Proclamation declaring November 17-23, 2019, "National Hunger and Homelessness Awareness Week". Proclamation declaring November 2019, "#EndTheStreakTX Month". Proclamation declaring November 2019, "National Home Care and Hospice Month". Proclamation declaring December 7, 2019, "Martial Arts Recognition Day". Proclamation declaring December 8, 2019, "Special Hearts Day". Swearing -In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER City of Corpus Christi Page 1 Printed on 11/18/2019 City Council Meeting Agenda - Final -revised November 19, 2019 H. MINUTES: 2. 19-1598 Regular Meeting of November 12, 2019. I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 17) Second Reading Ordinances - Consent 3. 19-1561 One Reading Ordinance to approve the Final Project and Financing Plan for the North Beach Tax Increment Reinvestment Zone No. 4 in order to accommodate Opportunity Zone deadline for North Beach development Sponsors: Business Liaison 4. 19-1464 Ordinance authorizing a Water Arterial Transmission and Grid Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes, LTD to extend a water transmission and grid main line for a planned residential subdivision located on CR -33 with a completion date of May 30, 2021;and appropriating $1,233,230.25 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer per agreement. (District 3) Sponsors: Development Services 5. 19-1501 Ordinance accepting and appropriating Airport Grant #58 in the amount of $9,445,368; awarding a contract in the amount of $6,884,574.42 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the total base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase 111 and East General Aviation Apron Phase IV projects, effective upon issuance of notice to proceed, with funding available in the Airport Capital program by acceptance of the grant and; transferring $1,049,486 as a 10% grant match from the unreserved fund balance of the Airport Operational Fund. Sponsors: Aviation Department, Contracts and Procurement and Engineering Services 6. 19-1512 Ordinance amending Section 53-109 of the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off-highway vehicles as an allowable mode of transportation within the city, specifically North Padre Island, Mustang Island, and North Beach; and providing for a penalty. Sponsors: Assistant City Manager 7. 19-1517 Ordinance to amend the 40 -year Lease Agreement with SQH Sports & City of Corpus Christi Page 2 Printed on 11/18/2019 City Council Meeting Agenda - Final -revised November 19, 2019 Entertainment, Inc., which was originally authorized on October 18, 2016 for the lease of approximately 67.69 acres of unimproved land near State Highway 286 and FM 43 (Weber Road) for a regional youth sports complex, with the amendment to provide for extension of the performance milestones in the lease and notice of default. Sponsors: Assistant City Manager 8. 19-1558 Ordinance amending the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, to create a temporary provisional Fire Captain position within the Fire Department complement. Sponsors: Fire Department 9. 19-1461 Ordinance disannexing approximately 540.79 acres of land located in the La Quinta corridor from the City of Corpus Christi, Texas pursuant to an amendment to a Chapter 380 economic development incentive agreement with the Port of Corpus Christi Authority and voestalpine Texas, LLC; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. Sponsors: Planning & Environmental Services 10. 19-1370 Ordinance abandoning and vacating a 10 -foot wide by approximately 180 -feet in length (1,800 sq. ft.) portion of an existing drainage easement out of Lots 3 & 4, Block 1, Padre Island - Corpus Christi Section E located at 15045 & 15041 Aruba Drive. (District 4) Sponsors: Development Services Contracts and Procurement - Consent 11. 19-1432 Motion authorizing Amendment No. 1 to Supply Agreement No. 1266 with Carus Corporation, of Peru, Illinois, for a total amount not to exceed $174,762.00 for the 24 -month term, increasing the 24 -month contract amount from $3,407,859.00 to $3,582,621.00, allowing a price increase to the contract for the purchase of sodium permanganate for the treatment of potable drinking water at the O. N. Stevens Water Treatment Plant, with funding available through the Water Fund. Sponsors: Utilities Department and Contracts and Procurement 12. 19-1435 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, in an amount not to exceed $616,962.97 to purchase brass service fittings, including valves, elbows, and couplings for the City Warehouse as a central distribution for the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 estimated funding in the amount of $171,378.61 available in the Stores Fund. Sponsors: Contracts and Procurement 13. 19-1467 Motion authorizing a three-year supply agreement with Ferguson City of Corpus Christi Page 3 Printed on 11/18/2019 City Council Meeting Agenda - Final -revised November 19, 2019 Enterprises, LLC of Corpus Christi, Texas, in an amount not to exceed $562,650.00 to purchase fire hydrants for the City Warehouse as a central distribution for the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 estimated funding in the amount of $156,291.67 available through the Stores Fund. Sponsors: Contracts and Procurement 14. 19-1497 Motion authorizing a purchase with Silsbee Ford of Silsbee, Texas in an amount not to exceed $276,642.50 for ten 2019 Ford F-150 regular cab pick-up trucks to be used by the ten additional Engineering Services Inspectors that were added as part of the FY 2020 Budget process, effective upon issuance of a letter of acceptance, with funding available in the Engineering Services fund. Sponsors: Engineering Services and Contracts and Procurement 15. 19-1483 Motion authorizing a two-year license maintenance renewal agreement with Hexagon Safety & Infrastructure of Madison, Alabama in an amount not to exceed $561,249.79, for use and maintenance of Intergraph software in support of public safety, effective upon issuance of a notice to proceed, with the FY 2020 funding in the amount of $273,308.53 available through the Information Technology Fund. Sponsors: Information Technology Services and Contracts and Procurement General Consent Items 16. 19-1537 Resolution authorizing an interlocal agreement with Bexar Metro 9-1-1 Network for business continuity, with a five-year term and five one-year renewal options, at an annual cost of $28,800.00. Sponsors: Information Technology Services 17. 19-1480 Resolution authorizing outside city limits water contract pursuant to Corpus Christi Code 55-113 with property owner to provide water service to the property described as Laureles Farm Tracts 4 and 5 located at 2459 County Road 51. sponsors: Development Services L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 18 - 22) 18. 19-1530 Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm -to -Market 43 and County Road 43. Sponsors: Planning & Environmental Services 19. 19-1476 Ordinance annexing approximately 446.4 acres of land into the territorial City of Corpus Christi Page 4 Printed on 11/18/2019 City Council Meeting Agenda - Final -revised November 19, 2019 limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm -to -Market (FM) 43 from "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. Staff recommends approval. Planning Commission recommends denial of the zoning; therefore, a 3/4 vote is required on zoning. Sponsors: Planning & Environmental Services and Development Services 20. 19-1493 Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development. Planning Commission and Staff recommend approval. Sponsors: Development Services 21. 19-1494 Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. Planning Commission and Staff recommend approval. Sponsors: Development Services 22. 19-1495 Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS -4.5" Single -Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend approval. Sponsors: Development Services N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 23 - 25) 23. 19-1608 Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. Sponsors: Human Resources 24. 19-1541 Ordinance consenting to and ratifying an assignment of the On -Airport Rental Car Concession and Lease Agreement ("Agreement") from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. Sponsors: Aviation Department 25. 19-1500 Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker City of Corpus Christi Page 5 Printed on 11/18/2019 City Council Meeting Agenda - Final -revised November 19, 2019 of $18,000 to James Magill. This item will be considered on a future agenda. Sponsors: Legal Department P. BRIEFINGS: (ITEM 26) 26. 19-1460 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q3 2019) Sponsors: Economic Development Q. EXECUTIVE SESSION: (ITEM 27) 27. 19-1621 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 a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP and North Padre Waterpark Holdings, Ltd., a Developer Agreement for Park Road 22 Bridge and Village Canal with Padre Island Holdings, LLC and Diamond Beach Holdings, LLC 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). R. ADDENDUM ITEMS: (ITEMS 28 - 30) 28. 19-1624 Resolution Opposing Texas Windstorm Insurance Association Rate Increase Sponsors: Intergovernmental Relations 29. 19-1610 First Reading Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. Sponsors: Business Liaison 30. 19-1609 First Reading Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. Sponsors: Business Liaison City of Corpus Christi Page 6 Printed on 11/18/2019 City Council Meeting Agenda - Final -revised November 19, 2019 S. RECESS THE CITY COUNCIL MEETING: T. RECONVENE CITY COUNCIL MEETING: U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS V. ADJOURNMENT City of Corpus Christi Page 7 Printed on 11/18/2019 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 12, 2019 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:33 a.m. Mayor McComb recognized military veterans. B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle. Pastor Jerry Ward gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Marc Harrod, City Hall Liaison Officer, Corpus Christi Police Department. Mr. Mark Harrod led the Pledge of Allegiance to the flag of the United States and the Texas Flag. 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 Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Present: 9 - Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. Proclamations / Commendations 1. Proclamation declaring November 12, 2019, "Coastal Bend Day of Giving". Proclamation declaring November 12, 2019, "Corpus Christi Be The Match Day" and November 2019, "National Marrow Awareness Month". Proclamation declaring November 23, 2019, "Run the Runway 5K Day". Proclamation declaring November 9-16, 2019, "Flags for Heroes Week". Proclamation declaring November 10-16, 2019, "National Nurse City of Corpus Christi Page 1 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 Practitioner Week". The Proclamations were presented. F. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. Mayor McComb referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. Reinaldo Figueroa, 221 Lola Johnson Rd., spoke regarding concerns related to agenda Item 5 rezoning property at or near 2110 Laguna Shores Road. The following individuals spoke in support of the Grand Canal and/or the creation of a Tax Increment Reinvestment Zone (TIRZ#4) on North Beach: Juan Cantu, 3302 Surfside Blvd., Day Manley, 6705 Pharaoh Dr., Carolyn Vaughn, 4214 Spring Creek Dr., Chris Kuehn, 7038 Pharaoh Dr., Linda Strong, 4843 Ocean Dr., Carrie Robertson Meyer, 4401 Gulfbreeze Blvd., Diane Gardner, 307 Palmero St., Ron Graban, 202 Surfside Blvd., Sharon Hairgrove, 3562 Santa Fe St., Jean Marie Giegerich, 1009 Furman Ave., Taylor Oldroid, 4825 Everhart Rd., and Marsha Williams, 6006 Strasbourg. John Medina, 4931 Mokry Dr., spoke regarding concerns related to the use of a park in the 78415 zip code. Gloria Scott, 4422 S. Alameda St., spoke in support of re -purposing the Spohn Memorial Hospital building to house homeless individuals. Jonathan Gonzalez, 13753 Cayo Gorda Court, discussed requirements of the Texas Engineering Practices Act; and the condition of the stormwater system on North Beach. Jed Rollins, 401 Adriatic Prkwy., McKinney, TX, Blackard Global, discussed engagement related to media regarding the North Beach project. Jeff Blackard, 401 Adriatic Prkwy., McKinney, TX, spoke regarding the state of the stormwater system on North Beach; the capacity of the stormwater system on North Beach in relation to rainwater; and the cost of the Grand Canal and street repairs needed on North Beach. James Skrobarczyk, 714 Oriole, spoke in support of high density development, a TIRZ#4 and the Grand Canal on North Beach; the Sports and Entertainment Center on the southside and the use of alternative vehicles in the City. Peter Davidson, 1525 S. Shoreline Blvd., thanked the Council for their support of a TIRZ#4 on North Beach; and section -by -section road building and related return on investment. Mark Roach, Portland, TX, spoke regarding cocerns related to the Development Services Department. Chad Magill, 641 Texas Ave., spoke regarding paying for the Grand Canal on North Beach; building the Grand Canal first, then elevating the streets on North Beach; and requested that a Council workshop be held allowing for public discussion regarding funding the Grand Canal on North Beach. R. BRIEFINGS: (ITEM 34) City of Corpus Christi Page 2 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 34. Texas Legislature Next Steps Lessons from 86th Legislative Session, Interim Forecast, Preparation for 2020 Mayor McComb deviated from the agenda and referred to Item 34. The presentation team, consisting of Director of Intergovernmental Relations Tammy Embrey, Brandon Aghamalian, Snapper Carr, Curtis Seidlits and Andrew Keefer, presented information on the following topics: property tax reform passed during the last Texas legislative session; and legislation that passed and did not pass regarding the following Corpus Christi Legislative Priorities: Texas Windstorm Insurance Agency (TWIA); Port of Corpus Christi; annexation; Defense Economic Adjustment Assistant Grants; funding for near non -attainment cities; and hotels, convention centers and tourism. The presentation team also discussed coastal erosion; statewide bills; SB 2 supporters; right-of-way cable franchise fees; SB 29 city advocacy; local strategies; and state strategies. Council members and the members of the presentation team discussed the following topics: the impact of SB 2; that hotel occupancy taxes (HOT), sales taxes nor fees fall under SB 2; the reasons for animosity toward cities in the state legislature; the timeline for developing the City's legislative priority list for the next state legislative session; how passage of the Flood Infrastructure Fund during this month's statewide constitutional election can benefit the City; and local elected officials continuing to be able to talk to state legislators. I. BOARD & COMMITTEE APPOINTMENTS: 3. Building Code Board of Appeals (2 vacancies) Citizens Advisory Health Board (1 vacancy) Corpus Christi Downtown Management District (2 vacancies) Landmark Commission (1 vacancy) Reinvestment Zone No. 2 Board (9 vacancies) Mayor McComb deviated from the agenda and referred to Board & Committee Appointments. Building Code Board of Appeals Council Member Smith nominated Gary K. Adams (Architect). Council Member Hernandez nominated Kira Bonesteel (Architect). Gary K. Adams (Architect) was appointed with Mayor McComb and Council Members Guajardo, Barrera, Roy and Smith voting for Gary K. Adams and Council Members Hunter, Molina, Garza and Hernandez voting for Kira Bonesteel. Citizens Advisory Health Board Council Member Molina made a motion to appoint Tosha James (City), seconded by Council Member Hunter and passed unanimously. Corpus Christi Downtown Management District Council Member Molina made a motion to appoint Lesley B. Lomax (Agent, Employee or Tenant, and Property Owner) and Joshua Richline (Agent, Employee or Tenant, and Property Owner), seconded by Council Member Barrera and passed unanimously. City of Corpus Christi Page 3 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 Landmark Commission Council Member Molina made a motion to reappoint Ira J. Freeman (Architect), seconded by Council Member Garza and passed unanimously. Tax Reinvestment Zone No. 2 Board Council Member Garza made a motion to reappoint Roland Barrera (City), Rudy Garza (City), Paulette Guajardo (City), Gil Hernandez (City), Michael T. Hunter (City), Joe McComb (City), Ben Molina (City), Everett Roy (City), and Greg Smith (City), seconded by Council Member Hunter and passed unanimously. Council Member Garza made a motion to appoint Greg Smith Chairman, seconded by Council Member Molina and passed unanimously. REGULAR AGENDA: (ITEM 26) 26. Ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial participation of $20,000,000 via a scaled contribution for a period not to exceed 20 years; establishing a Board of Directors for the TIRZ; and, establishing a preliminary Project and Financing Plan. Mayor McComb deviated from the agenda and referred to Item 26. Business Liaison Arlene Medrano provided a review of changes since the last Council meeting on October 29, 2019, including having consolidated 12 projects into 3 categories; and staff recommendation. A council member asked to change "may" to "shall" in the ordinance wherein reference is made to the Tax Increment Reinvestment Zone Number 4 (TIRZ#4) reimbursing the City for expenses incurred related to the creation and administration of the TIRZ#4. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Molina. There were no comments from the public. A council member discussed ensuring a position is available on the TIRZ#4's board of directors for Del Mar College. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031927 City of Corpus Christi Page 4 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 13 and 16 - 23) Approval of the Consent Agenda 4. 6. Mayor McComb deviated from the agenda and referred to the Consent Agenda. A member of the public requested that Item 5 be pulled for individul consideration. Council members requested that Items 14 and 15 be pulled for individual consideration. Council Member Barrera announced he was abstaining on Item 12. There were no comments from the Council or the public. A motion was made by Council Member Garza to approve Consent Agenda Items 4, 6-11, 13 and 16 - 23, seconded by Council Member Smith. These consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Second Reading Ordinances - Consent Ordinance closing, abandoning and vacating a 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, conditioned upon payment of $28,000 for fair market value of the improved street and execution of an agreement to relocate stormwater infrastructure. (District 1) This Ordinance was passed on second reading on the consent agenda. Enactment No: 031913 Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $175,175 for FY 2019 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $175,175 in Police Grants Fund with $80,917 of funds distributed to Nueces County and $13,340 of funds distributed to City of Robstown. The remaining funds of $80,918 will be used by the City for enhancement of law enforcement efforts. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031915 7. Ordinance approving the purchase of Harris Public Safety communication radios in an amount not to exceed $3,567,032.20 to be City of Corpus Christi Page 5 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 8. 9. 10. 11. used by the Corpus Christi Police Department from Dailey and Wells Communications, Inc; appropriating $1,189,010.73, from the unreserved fund balance of the General Fund initially budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031916 Ordinance authorizing an agreement with Texas Food and Wine Festival, LLC to allow use of Heritage Park and portions of Fitzgerald Street and Hughes Street for the Corpus Christi Food and Wine Festival Event and related activities on November 23, 2019. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031917 Ordinance accepting $31,105.92 from Epic Y Grade Pipeline, LP and authorizing an amendment to the existing Revocable Easement to allow construction of an additional 12 -inch pipeline. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031918 Ordinance approving the purchase of twenty-six pickup trucks for a total amount not to exceed $951,159.04 from Silsbee Ford of Silsbee, Texas via the GoodBuy Purchasing Cooperative to be used by the Utilities Department's staff for daily operations; appropriating $951,159.04 from the unreserved fund balance in the Water Fund, the Wastewater Fund, and the Storm Water Fund that was previously budgeted in FY 2019 for this purpose but not encumbered; and amending the FY 2019-2020 operating budget to increase expenditures. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031919 Ordinance appropriating anticipated revenues from the Texas Department of Transportation (TxDOT) in the amount of $635,549 and awarding a contract to Mako Contracting, LLC. for construction of sidewalk and lighting improvements for the S.E.A. District Pedestrian Improvement project in the amount of $794,436.22. The project is located in City Council District 1 and the contract will begin upon issuance of notice to proceed. Funding is approved and available from an 80% TxDOT grant and a 20% match from Street Bond 2016 CIP. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031920 City of Corpus Christi Page 6 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 13. 16. 17. 18. Contracts and Procurement - Consent Motion approving the purchase from GT Distributors, Inc. of Austin, Texas for a total amount not to exceed $103,155.00, for weapon -mounted Surefire X300 Ultra LED handgun lights to be used by the Police Department to accompany the new Smith and Wesson M&P 9mm service weapons, with funding through the CC Crime Control Fund. This Motion was passed on the consent agenda. Enactment No: M2019-185 Resolution authorizing a three-year supply agreement with J.Q & G Incorporated, dba OB Traffic, of Roanoke, Virginia in an amount not to exceed $226,500.00 for the purchase of up to 30 traffic signal cabinets, for Street Operations effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $75,500.00 available through the Street Fund. This Resolution was passed on the consent agenda. Enactment No: 031923 Motion authorizing a two-year supply agreement with Wilnat Inc., dba Koons Gas Measurement of Tulsa, Oklahoma in an amount not to exceed $139,750.00 to purchase residential gas regulators, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $58,229.17 available through the Gas Fund. This Motion was passed on the consent agenda. Enactment No: M2019-187 Motion authorizing three, three-year supply agreements for a total amount not to exceed $862,332.75, with an agreement with each of the following vendors: T&W Tire, LLC, of Oklahoma City, Oklahoma, in the amount of $296,030.00 for the purchase of tires for refuse trucks for Solid Waste; Southern Tire Mart, LLC, of Columbia, Mississippi in the amount of $158,202.00 for the purchase of tires for Tahoe police vehicles; and, The Goodyear Tire & Rubber Company, of Akron, Ohio in the amount of $408,100.75 for the purchase of tires for police pursuit vehicles, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $287,444.25 available through the Fleet Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2019-188 19. Motion authorizing two purchases for a total amount of $180,293.42; one with Computer Solutions, of San Antonio, Texas in an amount of City of Corpus Christi Page 7 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 $121,793.42 for network equipment, and second with Dell EMC, of Round Rock, Texas in an amount of $58,500.00 for 60 All -in -One Desktop computers; to be used by the community of Corpus Christi at the public libraries and increase broadband capability, effective upon issuance of a purchase order, with funding available in the CDBG Grants fund. This Motion was passed on the consent agenda. Enactment No: M2019-189 General Consent Items 20. Motion authorizing a Joint Funding Agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, for USGS to maintain automated river gauging stations that record stream flows and water quality parameters associated with the Frio and Nueces Rivers and associated tributaries, which is data the City uses daily to manage releases from the City's reservoir system and for water treatment operations, whereby the USGS contributes $28,950.00 and the City contributes $166,350.00. This Motion was passed on the consent agenda. Enactment No: M2019-190 21. Resolution authorizing execution of Interlocal Cooperation Agreement with Del Mar College for improvements associated with Del Mar College's new campus located at Yorktown Boulevard and Rodd Field Road in District 5 including a new pedestrian/bicycle bridge and trail, designated turn lanes and driveway cuts, and enhanced landscaping with irrigation. This Resolution was passed on the consent agenda. Enactment No: 031924 22. Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2019-2020. This Resolution was passed on the consent agenda. Enactment No: 031925 23. Resolution authorizing Amendment No. 1 to Chapter 380 Economic Development Agreement between the City of Corpus Christi, Texas, voestalpine Texas LLC, and the Port of Corpus Christi Authority of Nueces County, Texas, relating to the development of property. This Resolution was passed on the consent agenda. City of Corpus Christi Page 8 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 12. 5. Enactment No: 031926 Ordinance authorizing the execution of the Second Addendum to the Water Supply Agreement with the Beeville Water Supply District, subject to release of all claims by Beeville Water Supply District and City of Beeville against the City of Corpus Christi and subject to withdrawal of all administrative proceedings filed by Beeville Water Supply District and City of Beeville against the City of Corpus Christi in the Public Utility Commission of Texas and subject to payment of all amounts determined by the City Manager to be owed pursuant to the existing contract between the parties after waiver of $162,809.85 of Future Water Resources Reserve Fund charges that were contested and withheld by said District and authorizing the City Manager to make the aforesaid waiver. Mayor McComb deviated from the agenda and referred to Item 12. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 1 - Council Member Barrera Enactment No: 031921 Zoning Case No. 0719-02 B&A Terra Firma Development, LLC: (District 4) Ordinance rezoning property at or near 2110 Laguna Shores Road from the "RE" Residential Estate District to the "RS -15" Single Family 15 District. Requires 3/4 Vote for zoning change. Mayor McComb referred to Item 5. Mayor McComb stated that this item is being reconsidered because Flour Bluff Independent School District indicated they will support a change of zoning to RS -15 instead of RS -6. Mayor McComb called for comments from the public. Rebecca Root, 325 Lola Johnson Rd., spoke in opposition to the change in zoning to RS -15 and spoke regarding: potential for flooding existing properties if the subject land is developed; the uniqueness of the properties on Lola Johnson Rd.; and wetlands. Charlene Rombs, 230 Lola Johnson Rd., spoke in opposition to the change in zoning to RS -15 and spoke regarding the history of City Council votes regarding rezoning the subject property; FBISD's support for RS -15; and the ethics and integrity of the City Council and City staff, which Mayor McComb and Ms. Rombs discussed. Jenny Ashmore, Lola Johnson Rd., spoke in opposition to the change in zoning to RS -15 and spoke regarding wetlands being on both sides of Local Johnson Rd; and needing to fill in wetlands in order to develop the subject property. Miguel Saldana, 4555 Moonlake Ridge, City of Corpus Christi Paye 9 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 with Saldana Consulting and representing the applicant, spoke regarding FBISD being in favor of RS -15, but opposing RS -6; that the wetlands discussed by residents today are not designated wetlands; and the loss of land the applicant has incurred due to an Army Corps of Engineers' wetland designation. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031914 S. EXECUTIVE SESSION: (ITEMS 35 - 36) Mayor McComb deviated from the agenda and referred to Executive Session Items 35 and 36. The Council went into executive session at 2:37 p.m. The Council returned from executive session at 3:10 p.m. 35. 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 contractual obligations pursuant to the lease of property to SQH Sports & Entertainment, Inc. near the intersection of State Highway 286 and Weber Road and areas adjacent thereto and pursuant to Texas Government Code § 551.072 to discuss and deliberate the lease and value of the aforementioned real property owned by the City when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E -Session Item was discussed in executive session. 36. 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 annexation, disannexation, and potential development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities (including, but not limited to proposed Gulf Coast Growth Ventures' chemical manufacturing facility in San Patricio County and recently annexed industrial facilities in San Patricio County, including but not limited to Voestalpine) 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 City of Corpus Christi Page 10 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 said business prospect(s). This E -Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 35 and 36. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) The amount pledged by City employees over the years and during this year's United Way Campaign. 2) Provided a homelessness and workforce housing update. 3) Announced a homelessness -related walk -in -their -shoes event, sponsored by Metro Ministries, where participants will walk from Metro Ministries to City Hall on November 9, 2019. 4) The City has been awarded a grant from the National Park Services' Trails and Conservation Program to study the design of a potential eco -park on the north end of North Beach. Related workshops will take place from 3:00 p.m. - 6:00 p.m. on November 21 and 6:00 p.m. - 8:00 p.m. on November 22, 2019, at the Texas State Aquarium. Regular Meeting of October 29, 2019 and Joint Workshop Session of October 24, 2019. Mayor McComb referred to Item 3. A motion was made by Council Member Garza, seconded by Council Member Molina, that the Minutes be passed. The motion carried by a unanimous vote. N. REGULAR AGENDA: (ITEMS 27 - 28) 27. Resolution authorizing execution of an Interlocal Cooperation Agreement with the Nueces County for their 100% increment participation in the North Beach Tax Increment Reinvestment Zone No. 4 for a period ending December 31, 2039 Mayor McComb referred to Item 26. City Manager Peter Zanoni stated that the purpose of this item is to approve an Interlocal Agreement with Nueces County for their 100% participation in Tax Increment Reinvestment Zone Number 4 (TIRZ#4). There were no comments from the Council or the public. Council Member Smith made a motion to approve the resolution, seconded by Council Member Molina. This Resolution was passed and approved with the City of Corpus Christi Page 11 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031928 28. Appointment of Reinvestment Zone No. 4 Board of Directors Mayor McComb referred to Item 28. Reinvestment Zone No. 4 Board Council Member Smith made a motion to appoint Roland Barrera (City), Gil Hernandez (City), Michael Hunter (City), Joe McComb (City), Ben Molina (City), Greg Smith (City), Rudy Garza (City), Paulette Guajardo (City), and Everett Roy (City), seconded by Council Member Barrera and approved unanimously. Council Member Molina made a motion to appoint Tom Schmid (Director of Texas State Aquarium) and Steve Banta (Director of USS Lexington), seconded by Council Member Garza and approved unanimously. Council Member Barrera made a motion to appoint Barbara Canales (Nueces County - Appointed by City), seconded by Council Member Garza and approved unanimously. Council Member Garza made a motion to appoint Everett Roy Chairman, seconded by Council Member Hunter and approved unanimously. O. RECESS CITY COUNCIL MEETING: Mayor McComb recessed the meeting at 3:22 p.m. to hold a meeting of the Tax Increment Reinvestment Zone Number 4 (TIRZ#4). P. RECONVENE THE CITY COUNCIL MEETING: Mayor McComb reconvened the meeting at 3:52 p.m. K. CONSENT AGENDA: (ITEMS 14 - 15) 14. Motion authorizing a one-year rental agreement with Herc Rentals Inc., of Corpus Christi, Texas, for on-call rental of mini -excavators and attachments used daily by Water Utilities Department for emergency repairs and construction of water and wastewater infrastructure, for a total amount not to exceed $180,726.00, effective upon issuance of a notice to proceed, with funding through the Water and Wastewater Funds. Mayor McComb referred to Item 14. In response to a council member's questions, Director of Water Utilities Kevin Norton stated that the intent of this rental agreement is allow the City to rent mini excavators to allow City crews to continue working while City -owned City of Corpus Christi Page 12 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 15. units are repaired; and that Water Utilities' requirement is 22 units. There were no comments from the public. Council Member Garza made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: M2019-186 Resolution authorizing a five-year service agreement with Pump Solutions, Inc. of New Caney, Texas for a total amount not to exceed $125,884.00 for maintenance and repairs for three Amacan pumps at the Rincon Bayou Pump Station, effective upon issuance of notice to proceed, with funding in FY2020 in an amount of $74,061.00 through the Water Fund. Mayor McComb referred to Item 15. A council member and Director of Water Utilities Kevin Norton discussed the following topics: if the pumps are tracked in Maximo; asset life cycle management; the life span and age of existing pumps; staggering the purchase of pumps; and that one pump will be overhauled as part of this service agreement. There were not comments from the public. Council Member Smith made a motion to approve the resolution, seconded by Council Member Garza. This Resolution was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031922 M. PUBLIC HEARINGS: (ITEMS 24 - 25) 24. Ordinance authorizing a Water Arterial Transmission and Grid Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes, LTD to extend a water transmission and grid main line for a planned residential subdivision located on CR -33 with a completion date of May 30, 2021;and appropriating $1,233,230.25 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer per agreement. (District 3) City of Corpus Christi Page 13 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 Mayor McComb referred to Item 24. Director of Development Services Al Raymond recommended the following amendment to Item 24: to amend the ordinance to remove the $65,000 transfer from the Water Distribution Main Trust Fund to the Water Arterial Transmission and Grid Main Trust Fund and to amend the reimbursement agreement to limit the reimbursement to $1,233,230.25, and to amend the appropriation from the Water Arterial Transmission and Grid Main Trust Fund from $1,485,130.25 to $1,233,230.25. Director Raymond stated that the purpose of this item is to execute a water arterial and transmission grid main extension, construction and reimbursement agreement with Braselton Custom Homes, LTD for the installation of 4,850 linear feet of 16 -inch water arterial grid main line and to appropriate from the Water Arterial and Grid Main Transmission Grid Main Trust Fund an appropriation of $1,233,230.25 to reimburse the developer. Director Raymond presented information on the following topics: aerial map; vicinity map; and staffs recommendation of approval. Council members, City Manager Peter Zanoni, Director Raymond and Contracts/Funds Administrator Michael Johnston discussed the following topics: that current projects would move forward under current trust fund procedures; a timeline for changes to the trust funds; and looping of the water line in the planned subdivision; future extensions of the water line; the area the new water line will serve; the number of homes to be constructed in the subdivision, by phase; the size of the water main; and that a 1 -inch legacy line will become obsolete with the installation of the larger water main. Council Member Smith made a motion to amend the ordinance to remove the $65,000 transfer from the Water Distribution Main Trust Fund to the Water Arterial Transmission and Grid Main Trust Fund and to amend the reimbursement agreement to limit the reimbursement to $1,233,230.25, and to amend the appropriation from the Water Arterial Transmission and Grid Main Trust Fund from $1,485,130.25 to $1,233,230.25, seconded by Council Member Molina. A council member discussed the impact of this item on growth, expanding residential development and increase to the City's tax base. In response to a question from a council member, Bart Braselton, Braselton Custom Homes, LTD, discussed the total number of homes in the development; the build out time; the price range of the homes; the total value at build out; and the importance of the trust fund in development. Council members discussed the following topics: development in the area of the planned subdivision; police and fire service in the planned development and the possible use of developer trust funds for related costs; discouraging the use of septic systems and water wells in the area to be developed; and existing arrangements for fire service with London Independent School District and residents in the area. Mayor McComb opened the public hearing. There were no comments from the public. City of Corpus Christi Page 14 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 The motion to amend the ordinance passed unanimously (Council Members Hunter and Garza - abstained). Council Member Barrera made a motion to approve the ordinance as amended, seconded by Council Member Guajardo. Mayor McComb closed the public hearing. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 7 - Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 2 - Council Member Garza and Council Member Hunter 25. Ordinance amending Section 53-109 of the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off-highway vehicles as an allowable mode of transportation within the city, specifically North Padre Island, Mustang Island, and North Beach; and providing for a penalty. Mayor McComb referred to item 25. Assistant City Manager Keith Selman discussed the following topics: that during the last legislative session, the Texas legislature provided a mechanism for neighborhood electric/off-highway vehicles to be utilized on public roadways; the Island Strategic Action Committee's review of this topic; safety equipment in neighborhood electric/off-highway vehicles; locations where golf carts are currently allowed and where neighborhood electric/off-highway vehicles will be allowed; mirroring, in the ordinance, the related state statute; the requirement in the ordinance that individuals must wear a seat belt, if the neighborhood elecytric/off-highway vehicle is equipped with seat belts; and a requirement that the ordinance be displayed on rented neighborhood electric/off-highway vehicles. Mayor McComb opened the public hearing. A council member and Assistant City Manager Selman discussed the safety record of golf carts. Carrie Robertson Meyer discussed the use of golf carts on North Beach. A council member discussed the use of neighborhood electric/off-highway vehicles in master planned communities. Council Member Roy made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith City of Corpus Christi Page 15 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 Q. Abstained: 0 FIRST READING ORDINANCES: (ITEMS 29 - 33) 29. Ordinance to amend the 40 -year Lease Agreement with SOH Sports & Entertainment, Inc., which was originally authorized on October 18, 2016 for the lease of approximately 67.69 acres of unimproved land near State Highway 286 and FM 43 (Weber Road) for a regional youth sports complex, with the amendment to provide for extension of the performance milestones in the lease and notice of default. Mayor McComb referred to Item 29. Assistant City Manager Keith Selman discussed the following topics: project milestones; and new timelines that are the subject of the proposed amendment to the existing lease agreement. There were no comments from the Council or the public. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 1 - Council Member Garza 30. Ordinance disannexing approximately 540.79 acres of land located in the La Quinta corridor from the City of Corpus Christi, Texas pursuant to an amendment to a Chapter 380 economic development incentive agreement with the Port of Corpus Christi Authority and voestalpine Texas, LLC; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. Mayor McComb referred to Item 30. City Attorney Miles K. Risley stated that the purpose of this item is to disannex approximately 540 acres in the La Quinta corridor, which is tied to the 380 agreement with the Port of Corpus Christi Authority and voestalpine Texas, LLC. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith City of Corpus Christi Page 16 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 Abstained: 0 31. Ordinance amending the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, to create a temporary provisional Fire Captain position within the Fire Department complement. Mayor McComb referred to Item 31. Fire Chief Robert Rocha stated that the purpose of this item is to amend the FY2019-2020 operating budget, adopted by the City Council, to create a temporary provisional fire captain position within the Fire Department complement; recently, an arbitrator reinstated a Fire Captain back to his position, which was vacated in January 2018, after he was terminated; the vacancy created in January 2018 has since been filled; such a provisional position is being requested for the most recently promoted fire captain, until such time that a new vacancy occurs, or until the end of FY2019-2020; and that, due to two announced retirements for the position of Fire Captain, it is anticipated that the provisional position will be needed for approximately 2 months. A council member and Fire Chief Rocha discussed the background necessitating this item; and the sources of funding for related back pay to the reinstated Fire Captain. There were no comments form the public. This Ordinance was passed and approved on first reading with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 32. Ordinance accepting and appropriating Airport Grant #58 in the amount of $9,445,368; awarding a contract in the amount of $6,884,574.42 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the total base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects, effective upon issuance of notice to proceed, with funding available in the Airport Capital program by acceptance of the grant and; transferring $1,049,486 as a 10% grant match from the unreserved fund balance of the Airport Operational Fund. Mayor McComb referred to Item 32. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to accept the grant from the Federal Aviation Administration; award the construction contract to Airfield Contracting; transfer funds, out of the fund reserve, to cover the City's 10% match for the grant; and award the base bid, plus alternates 1 and 2 for the fourth of a five -phase effort to rehabilitate part of City of Corpus Christi Page 17 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 the terminal apron and the general aviation apron. There were not comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 33. Ordinance abandoning and vacating a 10 -foot wide by approximately 180 -feet in length (1,800 sq. ft.) portion of an existing drainage easement out of Lots 3 & 4, Block 1, Padre Island - Corpus Christi Section E located at 15045 & 15041 Aruba Drive. (District 4) Mayor McComb referred to Item 33. Director of Development Services Al Raymond stated that the purpose of this ordinance is to abandon and vacate a 10 -foot wide by approximately 180 -foot long portion of an existing drainage easement out of Lots 3 and 4, Block 1, Padre Island, Corpus Christi, Section E, located at 15045 and 15041 Aruba Dr. Director Raymond presented information on the following topics: vicinity map; aerial overview; and staff's recommendation for approval. Director Raymond stated that this was an easement on paper, that was never improved, does not impact subsequent development and that the easement is not required for stormwater drainage along this portion of Aruba Drive. A council member discussed that this makes one lot out of two; and the potential value of the property after this action is taken. There were no comments from the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 S. EXECUTIVE SESSION: (ITEM 37) 37. 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 legislation recently approved by or potentially being sought in the Texas Legislature City of Corpus Christi Page 18 Printed on 11/18/2019 City Council Meeting Minutes November 12, 2019 and/or U.S. Congress related to municipal matters. This E -Session Item was withdrawn by staff. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS U. ADJOURNMENT Mayor McComb referred to Identify Council Future Agenda Items. No items were discussed or identified. The meeting was adjourned at 4:47 p.m. City of Corpus Christi Page 19 Printed on 11/18/2019 AGENDA MEMORANDUM One Reading Ordinance City Council Meeting November 19, 2019 DATE: TO: Peter Zanoni, City Manager November 11, 2019 FROM: Arlene Medrano, Business Liaison arlenem c(r7cctexas.com 361-826-3356 One Reading Ordinance Approving the Tax Increment Reinvestment Zone #4 Project & Financing Plans CAPTION: One Reading Ordinance to approve the Final Project and Financing Plan for the North Beach Tax Increment Reinvestment Zone No. 4 in order to accommodate Opportunity Zone deadline for North Beach development SUMMARY: Per Texas Tax Code, the board of directors of a reinvestment zone shall make recommendations to the governing body of the municipality (City Council) that created the zone concerning the administration the Project and Financing Plans for the Zone. BACKGROUND AND FINDINGS: An ordinance pertaining to North Beach designating a 1,423 acre area within the jurisdiction of the City of Corpus Christi Tax Increment Reinvestment Zone (TIRZ) Number 4; and, establishing a Preliminary Project and Financing Plan is scheduled was approved by City Council on November 12, 2019. The Reinvestment Zone #4 Board approved the Final Project and Financing Plans on the same day. A final version of the Project and Financing Plan is attached to this item. Chapter 311.004 of the Tax Code requires the following for Project and Financing Plans for a Tax Increment Reinvestment Zone: The project plan must include: (1) a description and map showing existing uses and conditions of real property in the zone and proposed uses of that property; (2) proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable; (3) a list of estimated nonproject costs; and (4) a statement of a method of relocating persons to be displaced, if any, as a result of implementing the plan. The reinvestment zone financing plan must include: (1) a detailed list describing the estimated project costs of the zone, including administrative expenses; (2) a statement listing the proposed kind, number, and location of all public works or public improvements to be financed by the zone; (3) a finding that the plan is economically feasible and an economic feasibility study; (4) the estimated amount of bonded indebtedness to be incurred; (5) the estimated time when related costs or monetary obligations are to be incurred; (6) a description of the methods of financing all estimated project costs and the expected sources of revenue to finance or pay project costs, including the percentage of tax increment to be derived from the property taxes of each taxing unit anticipated to contribute tax increment to the zone that levies taxes on real property in the zone; (7) the current total appraised value of taxable real property in the zone; (8) the estimated captured appraised value of the zone during each year of its existence; and (9) the duration of the zone. The Project and Financing Plan 1. Infrastructure Projects: 2. Maintenance Projects: 3. Incentives: 4. Administrative Costs: has 4 major Project Areas: $14,665,943 $1,587,681 $13,250,000 $2,250,000 The City will participate at 100% for the first 10 years and at 75% for the following 10 years. At no time will the City's contributions exceed $20,000,000. The Reinvestment Zone Financing Plan provides that portions of the ad valorem taxes of the City constituting its tax increment are to be deposited into the Tax Increment Fund created by this Ordinance, and that ad valorem taxes of the other taxing units constituting their respective tax increments may also be utilized for the purposes described in the Financing Plan in accordance with agreement from those other taxing entities to contribute said increment. See table below: City's Ad Valorem Increment Percentage Tax Year(s) 100% 2019 through 2028 75% 2029 through 2038 On July 10, 2019, the Nueces County Commissioners Court passed a Resolution supporting the City in its efforts to establish a TIRZ at North Beach. The County Commissioners approved an Interlocal Agreement on November 6, 2019 and will be considered by the City Council on November 12, 2019. The County will participate at 100% for the full length of the TIRZ. Furthermore, the Del Mar College Del Mar Board of Regents passed a TIRZ Policy on November 12, 2019. After adoption of a policy, Del Mar College Board and Executive Leadership will be prepared to evaluate participation in TIRZ #4. The North Beach area substantially arrests or impairs the sound growth of the City and has been found to be in state of deferred infrastructure. Tourism and convention business is of extreme importance to the Corpus Christi economy, and the area within the proposed district has tremendous, unrealized potential to support tourist and convention facilities as the area includes some of the biggest tourist attractions in Corpus Christi, including the Texas State Aquarium and the USS Lexington. It is essential that this presently under -developed area be fully developed to encourage tourism to continue in the area. In relation to the two other TIRZ's in Corpus Christi, TIRZ 2 on the Island and TIRZ 3 Downtown, the TIRZ 4 at North Beach has significantly less property value and has seen little to no development over the past decade. Significant contributions to the TIRZ will only occur if increases to property values occur at North Beach which would be spurred by new development or enhancements to existing property. By improving and maintaining public spaces with a high level of service, plus increasing density, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vital urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses. ALTERNATIVES: An alternative to adopting the attached Project and Financing Plan, the City Council could make revisions to the plan to be considered by the TIRZ #4 Board and brought back to Council for consideration. FISCAL IMPACT: The fiscal impact of the Project and Financing Plans would be as follows: • Estimated 20 year Revenue of $31,753,624 with an estimated total project cost of the same amount • The General Fund will not decrease from today's current revenue and the General Fund will continue to receive the 2019 Base Value annually for the life of the TIRZ • It is anticipated that after 20 years of targeted projects completed by the TIRZ #4, that North Beach ad valorem values will increase Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the ordinance adopting the Reinvestment Zone Number 4 Project and Financing Plans. Adoption of Project and Financing Plans is a legislative requirement to establish a tax increment reinvestment zone and the documents will be a guide to redevelopment initiatives at North Beach. The Project and Financing Plans have undergone several revisions TIRZ 2 (estb. 2000) TIRZ 3 (estb. 2008) TIRZ 4 2019 Net Taxable Value 513,369,642 439,524,182 60,689,500 Significant contributions to the TIRZ will only occur if increases to property values occur at North Beach which would be spurred by new development or enhancements to existing property. By improving and maintaining public spaces with a high level of service, plus increasing density, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vital urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses. ALTERNATIVES: An alternative to adopting the attached Project and Financing Plan, the City Council could make revisions to the plan to be considered by the TIRZ #4 Board and brought back to Council for consideration. FISCAL IMPACT: The fiscal impact of the Project and Financing Plans would be as follows: • Estimated 20 year Revenue of $31,753,624 with an estimated total project cost of the same amount • The General Fund will not decrease from today's current revenue and the General Fund will continue to receive the 2019 Base Value annually for the life of the TIRZ • It is anticipated that after 20 years of targeted projects completed by the TIRZ #4, that North Beach ad valorem values will increase Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the ordinance adopting the Reinvestment Zone Number 4 Project and Financing Plans. Adoption of Project and Financing Plans is a legislative requirement to establish a tax increment reinvestment zone and the documents will be a guide to redevelopment initiatives at North Beach. The Project and Financing Plans have undergone several revisions and have been a fluid document, open to revisions for six months. The City Council and the County held a joint workshop in October to discuss the Project and Financing Plans and revisions were made as a result. LIST OF SUPPORTING DOCUMENTS: Ordinance Project and Financing Plan Ordinance Approving the Tax Increment Reinvestment Zone #4 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, City of Corpus Christi, Texas; and declaring an emergency. WHEREAS, on November 12, 2019, through Ordinance , the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Four, City of Corpus Christi, Texas," over a portion of the City on North Beach; WHEREAS, Ordinance included a preliminary reinvestment zone financing plan; WHEREAS, on November 12, 2019, the Board of Directors of the Reinvestment Zone Number Four, City of Corpus Christi, Texas approved the Project Plan and Reinvestment Zone Financing Plan (the "Plan") and recommended that City Council approve the Plan; and WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone #4 North Beach, Corpus Christi, Texas for the Reinvestment Zone Number Four, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Four on November 12, 2019. A copy of the Plan is attached hereto and incorporated by reference. SECTION 2. 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 19th day of November, 2019. 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, Joe McComb Mayor Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 0 1500 REINVESTMENT ZONE PROJECT PLAN AND FINANCING PLAN Tax Increment Reinvestment Zone #4 NORTH BEACH, CORPUS CHRISTI, TEXAS 3000 T F H 1 TI GRAPHIC SCALE 1"=1500' CI)� t • 13.. 42 No. 43 Paint of Ileginrirg = E_ i November 2019 November 12, 2019 ✓ No. 59 TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTION 1 Criteria for Zone Creation 1 Vision for North Beach 2 Anticipated Zone Role in North Beach Improvements 2 PROJECT PLAN 3 Existing Uses and Conditions / Boundaries §311.011(b)(1) 3 Exhibit A - Zone Boundaries and Land Use 3 Exhibit 8.1 - Existing Land Use 4 Exhibit 8.2 - Existing Property Designation 5 Exhibit 8.3 - Existing City Limits, City Owned, Port Owned & Proposed TIRZ Parcels 6 Exhibit C - Legal Description of the Zone 7 Municipal Ordinances §311.011(b)(2) 10 City Planned Improvements (Non -Project Costs) §311.011(b)(3) 11 Relocation §311.011(b)(4) 12 REINVESTMENT ZONE FINANCING PLAN 13 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 13 Economic Feasibility Study §311.011(c)(3) 16 Estimate of Bonded Indebtedness §311.011(c)(4) 16 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 16 Method of Financing and Sources of Revenue §311.011(c)(6) 16 Sources of Revenue 16 Current Appraised Value §311.011(c)(7) 19 Estimated Captured Appraised Value §311.011(c)(8) 19 Duration of the Zone §311.011(c)(9) 19 Appendices 20 AppendixA — Economic Feasibility Study §311.011(c)(3) November 12, 2019 INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the "Zone") over a portion of the city that includes the city's North Beach area along the Bayfront from the Rincon Channel at the north end, south to the USS Lexington, adjacent to the Texas State Aquarium, and west to the Port of Corpus Christi. Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Conditions meeting the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." The existing conditions in the North Beach area of Corpus Christi hamper investment in residential, retail and hospitality -related property improvements, as outlined in the portions of the Downtown Area Development Plan (DAPD) Residential Market Analysis relevant to North Beach. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. November 14, 2019 11 Page Vision for North Beach Over 800,000 people visit the Texas State Aquarium and USS Lexington on North Beach each year. Each of those visitors drives through areas with frequent flooding and blighted as well as vacant properties. Corpus Christi's first impression to over 800,000 people each year is largely a pathway of deferred maintenance, disrepair, and unimproved properties on the way to the beautifully maintained and exciting Texas State Aquarium and USS Lexington. In recent years, the new Harbor Bridge construction has changed the entrance and exit ramps to and from North Beach. These changes will have an enormous impact on access to and from North Beach and its ability to remain the most visited location in all of the Coastal Bend area. The completion of the Harbor Bridge, and demolition of the old bridge, will spur new opportunities for North Beach revitalization. The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. The North Beach Area should have very well maintained infrastructure and public spaces including medians, right of ways, beaches and parks. The North Beach TIRZ could participate in contributing to a high level of proactive maintenance ensuring a clean residential, commercial and tourist community. Anticipated Zone Role in North Beach Improvements The DAPD Analysis of Residential Market Potential, the 2011 North Beach Development Plan and the 2018 North Beach Redevelopment Area Specific Plan indicate the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Flooding, vacant properties, the aging of existing development, inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in North Beach. However, continued investment by the Texas State Aquarium, changes brought by the new Harbor Bridge, new multi -family construction, new single-family homes, and the City's commitment to solving flooding issues and to make public amenity improvements are a positive indicator for North Beach. The primary functions of the zone will be to support: • Infrastructure Projects • Maintenance Projects • Development Incentives • Administration of the Zone The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density through parking structure, the zone and the other projects will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vibrant urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses, sending a strong first impression to nearly one million annual visitors to Corpus Christi. November 14, 2019 21 Page PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 1,423 acres (454.5 Acres of Land; 968.3 Acres of Water) wholly within the City of Corpus Christi. Its boundaries encompass all of the North Beach area east of the Port of Corpus Christi land, as shown in Exhibit A. A variety of land uses, shown in maps in Exhibit B and described generally below, are present within the proposed TIRZ. A legal description of the Zone is given in Exhibit C. The Texas State Aquarium and the USS Lexington, in the southern area of North Beach, draw more than 800,000 tourists and visitors annually, combined. Removing the Burleson exit leaves only one northbound exit from the new Harbor Bridge, impacting accessibility to these two heavily visited attractions. To the north, the zone transitions to an area of tourist retail, restaurants, hotels, vacant buildings and unimproved land. The beach runs along the eastern portion of the zone. Further north along the beach are multi -story condominiums, city owned Surfside Park, a small number of single-family homes, and a popular city park, Dolphin Park. If funding is determined to be appropriate and TIRZ and City Council choose to fund them, the off shore area allows for the potential inclusion of breakwater barriers. Central North Beach has a linear right of way, formerly a rail easement, owned by the City of Corpus Christi. Timon and Surfside Boulevards run along its edges, acting as a main thoroughfare through North Beach. This right of way is the location of a proposed drainage solution, a canal to mitigate flooding. This North Beach drainage solution could potentially improve stormwater flow on the peninsula. Residents in the northwest portion of North Beach often experience difficulty making the turnaround at the north end of North Beach under the causeway due to flooding. Exhibit A - Zone Boundaries Legend Noah Beach TIRZ EARTIVP The new Harbor Bridge, TxDOT and the Port of Corpus Christi border the zone to the west. November 14, 2019 31 Page Exhibit B.1: Existing Uses Throughout the Zone Proposed TIR? #4 1.. ty Leif; Proposed TIRZ #4 Boundary Current Land Use water Cons,'Pres Drainage Corridor i Railroad night -of -Way. Vacant Estate Res Low Density Res Medium Density Res FEgh Density Res Mobile Home Park Pubii Seni-Publio PrcDEssional office Commercial light Industrial Heavy Inclusliai 5dr mti� -Eat C.Si :. November 12, 2019 4IPage Exhibit B.2 Criteria for the Zone Proposed TIRZ #4 sese1 •Cid Limits Proposed T I RZ #=1• Bot. Properties Designation E,IERYTHING ELSE EXCLUDED RESIDENTIAL i =1k 1Thk4 ado R'?f,U3b (Z' -20:51 November 12, 2019 51 Page Exhibit B.3 Parcels Proposed TIRZ #4 Boundary City Limits Port Pre parties City Owned Properties Proposed TIRZ4 Parcels November 12, 2019 tiff% Ugh, aid 419 de gikaar 61Page tEURBAN ENGINEERING ti Exhibit C - Legal Description of the Zone Joh No. 43201.B9.08 August 26, 20E9 Exhibit A 1,423 Acre Norah Beach "rax increment Reinvestment Zone (TIRE) STATE OF TEXAS COUNTY OF r4Lfl CI'S F1eldnotes, for a 1,423 Acre Tract of Land (Not based on an on the gerund Survey), situated between the Corpus Christi Shipping Channel and Nneces Bay, over and across a pertion of land commonly known as North Beach, Corpus Christi Bay, Nunes Bay, Rincon Channel and Corpus Christi Shipping Channel in Nueces County, Texas, Inc said 1,423 Acre Tract being more fully described as follows: Beginning, at a point with a Northing of 17188715,765 and an Easting of 1342004.769, for a corner of ibis Tract and the point of Beginning; Thence, with distances and bearings as follows; • North 58'145'18" West, a distance of 807.37 Feet to a point for a corner of this Tract; • North 3112'27" East. a distance of 519.93 Feet to a point fora corner of this Tract; • North 12°34'59" West, a distance of 298,84 Feet to a point for a corner of this Tract; • North 5813'03" West, a distance of 151.19 Feet to a point for a comer of this Tract; • North 37°22'07" West, a distance of 225.64 Feet to a paint for a corner of this Traci and the beginning of a circular curve to the Right, having a delta of 7I°42'f3 r", a radius of 527.86 Feet, an arc length of 660,56 Feet, and a chord which bears North D2°51'44" Bast a distance 0E618.29 Feel, • With said circular curve to the Right, a distance of 660.56 Feet for a corner of this Tract; • North 47'24'2.c Boat, a distance of 149.01 Feet to a point fora point nt the intenec:tion of the Northeast Right -of -Way Zine of Burleson Street and the Southeast Right -of -Way line of Rincon Road and for a corner of this Tract; • South 581.9'56" East, with said Northeast Rigbt•of•Way line of Burleson Street, a distance of 679.38 Feet to a point for a comer of this Tract; • North 31°47'42" East, a distance of 659.79 Feet to a point fora corner of this Tract; S:Survey]n043241.1119013'OFFECONIETESAND HOUNDS 32O]B90B_EDrT.Docx Page 1 of 3 OFFICE: {350854-3]0] 2725 SWAPITNER bk. • CORPUS CHRISTI, TEXAS /13444 uww,urbanene om l'BPE Firm # 145 • TBPLS Firm* I&32400 FAX (361)g54-600] November 12, 2019 !Pagee • South 5n1'36" East, a distance of 139,27 Feet to a point for a corner of this Tract; • North 31'34'36 Fast, generally with the centerline of Rincon Channel, a distance of 6006,31 Feet to a point in the State Submerged [ands parcel 788 for a corner of this Tract; • South 56°27'08" East, over and across State Submerged Lands parcels 788, 59, 42 and 43 a distance of 6,377.!5 Feet to a point in State Submerged Lands parcel 43 with a Northing of 17192577.892 and an Easting of .1350901.872, for a corner of this Tract; • South 32°40'25" West, over and across State Submerged Land parcels 43. 58. 59, and 59A a distance of 8,610.67 Feet to a point in State Submerged Lands parcel 59A, for a currier of this Traci; • North 8518'07" West, over and across Submerged Lands, a distance of 4,572,50 Feet to a point for a corner of this Tract; • North 74902'44" West, over and ataoss Submerged Lands, a distancx of 376.53 Feet to a point for a corner of this Tract; • North 281.5'59- East, over and across Submerged Lauds and up Lands, a distance of 491,15 Feet to a point for a comer of this Tract; • North 36°52'49" West, a distance of 75],68 Feet to a point for a comer of this Traci and the beginning of a circular curve to the Left, having a delta of 5°58'45", a radius of 315,97 Feet, an arc length of 314.22 Foci, and a chord which bears North 66'04'42" West a distance of 301.43 Feet, • With said circular curve to the Left, a distance of 314.22 Feet to a point Fora comer of this Tract; • South 88°43'24" West, a distance of 136.49 Feet to a point on the centerline of Avenue F and for a corner of this Tract; • North 44°55'02" East, with said centerline of Avenue F, a distance of 276.81 f=eet, to a point for a corner of this Tract and the beginning of a circular curve to the Right, having a delta of 18°54'21", a radius of 220.19 Feet, an arc length of 72.66 Feet, and a chord which bears North 19'01'1 r East a distance of 7233 Feet; • With said circular curve to the Right, continuing with said centerline of Avenue F, a distance of 72.6t Feet to a point for a corner of this Tract; • North 26°48'19" East, continuing with said centerline of Avenue F, a distance of 71.31 Feet to a point for a corner cif this Tract; • North 31'04'49" East, continuing with said centerline of Avenue F, a distance or 433.56 Feet to a point for a corner of this Tract and the beginning of a circular curve to the Left, having a delta of 48'21'30", a radius of 207.41 Feet, an arc length of 175.05 Feet, and a chord which bears North 14°22'37" East a distance of 169.90 Feet; • With said circular curve to the Left, continuing with said centerline of Avenue F, a distance of 175.05 Feet to a point for a corner of ibis Tract; SASurrey in032D t 1B9081UFF1C ME E5 AND bOtfNI].SIM0432t1109U8_EDTT.Doc Page of .3 OFFICE: Q51)854-3101 2725 SWAN[NER DR • CORPUS CHRISTI, TEXAS 773404 'ww.urbuncog.com TBI£., Firm 4 145 •7131 L5 Firm # 10032400 FAX (361)854-6001 November 12, 2019 !Pagee North 03°04'08" West, continuing with said centerline of Avenue F. a distance of 223.76 Feet to a point, for the centerline inteYxccticm of said Avenue F and West Causeway Boulevard and for a corner of this Tract and the beginning of a circular curve to the Left, having a delta of 524.5.'41", a radius of 1269.7.6 Feet, an arc length of 1173.33 Feet, and a chard which hcars North 58'43'14" East a distance of 1132.03 Feet; Thence, with said circular curve to the Lc]'t and said centerline of said West Causeway Boulevard, a distance Of 1173.33 Feet to the point of Beginning, containing 1,423 Acres 1;61,984,(}40 Sq.Ft.1 of Land more or less; Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983. Texas South Zone 4205, and arc baked on the North American Datum of 19810010 E'poc'h 2010.00. Unless this fieidnotes description, including preamble, seal and signature, appears in its entirety, inits original form, surveyor assumes nri responsibility for its accuracy. Also reference aecomparlyirlg sketch of tract described herein. This document was prepared under 22 TAC 663.21 does not reflect the results of an on the ground survey, and is trot io he used to CPrlwey or establish interests fir real properly except those rights and interests implied or established by the creation or reconf igr1milon of the boundary of the political subdivision for which h was prepared. TJRZ boundary provided to the Surveyor by the City of Corpus Christi. V.SurveyingW320111BAMOFF1CDIvIETES AND BOLrND111P { 4320113908_EDIT,Elocx Page 3 of 3 OFFICE (361)1854-3101 URBAN ENGINEE11 INC; Dan L. Urban, R-P.E.S. License No. 47 t 0 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX 0611854.6001 11'W .urbanen .cOrR TBPn, Finn #1145 • TFWLS T-hm # 10432400 November 12, 2019 !Pagee 0 1500 3000 4500 GRAPHIC SCALE 1"=1500' T F H 1 TI o/ ar a. gni L13 • • 5 - LE TH Line Table 11 F Curve Table ELT- - LEI H •E- I 1 LE Tit Exhibit B Sketch to Accompany Deldnotes, for a 1,423 Acre Tract of Land situated between the Corpus Christi Shipping Channel and Nueces Boy, over ond across a portion of land commonly known as North Beach, Corpus Chrsti Boy, Nueoes Boy. Rincon Channel and Corpus Christi Shipping Channel in Nueoes County, Te000, ENGINEERING DATE: Aup 26, 2019 SCALE- 1'=1500' JOB NO.: 43201.B9.08 SHEET, 1 OF 1 DRAWN BY: BDL u rho n ou rveyl AUrtonen g. corn 02019 by Urban Engineering Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. November 12, 2019 101 Page City Planned Improvements (Non -Project Costs) §311.011(b)(3) It is expected that the City or Corpus Christi, Nueces County, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, various nonprofit organizations, private citizens and developers may also consider efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about $11,882,989 million in projects planned, or just recently completed, for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIRZ funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table below lists some of these projects. Note: Amounts may not add perfectly due to rounding Current City Planned Improvements (Non -Project Costs) Project Source Status Projected Cost Gas US 181 at Burleson Due to conflicts with the new bridge construction there will be 860 feet of 6" steel gas line replacement located in the Burleson St. and US181 intersection. Rev Bond Complete $557,788 Breakwater Ave.. at W Causeway Blvd. Due to conflicts with the new bridge construction there will be 425 feet of 2" steel gas line replacement located in the East Causeway Blvd. Plum St. Rev Bond Complete $202,883 and area. Streets North Beach Area Road Improvements & Area Beautification Includes pavement restoration to North Shoreline Boulevard, new wastewater and water lines on North Shoreline Boulevard, and cleaning existing stormwater and wastewater pipes and manholes on Breakwater Avenue and Coastal Avenue. Bond 2012 Streets Storm Water Wastewater Water Substantially Complete $801,500 North Beach Breakwater Plaza, North Shoreline Repair and Enhancement Includes new curb and gutter, sidewalks, ADA ramps, markings, signage, seating, on -street parking enhancements and illumination improvements to North Shoreline Boulevard. Improvements also include a paved surface to Breakwater Plaza and cleaning existing stormwater pipes and manholes on North Shoreline Boulevard. Bond 2012 Substantially Complete $1,623,900 Beach Avenue (E. Causeway Blvd. to Dead End at Gulfbreeze Blvd.) Reconstruction of existing 2 -lane roadway with new pavement, curb & gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings and illumination. Includes bike mobility improvements per the adopted MPO bicycle mobility plan and approved in North Beach Area Plan. Bond 2018 In planning phase $1,000,000 N. Beach Area Primary Access (Beach & Timon/Surfside Intersection) Design and construction of a new curved access road from E. Causeway Blvd. onto Timon Blvd. with a new traffic circle at intersection of Timon/Surfside and Beach roads. Provides a new Bond 2018 In planning phase $1,250,000 November 12, 2019 11 1 route for the single access road into North Beach from the new Harbor Bridge. Traffic circle connects Timon/Surfside and Beach and converts Beach Avenue to one-way from Surfside to E. Causeway Blvd. New Traffic circle also allows development of new gateway feature for the entry into North Beach approved in the North Beach Area Plan. N. Beach Gulfspray Ave. Pedestrian/Bike Access (Beach Access to E. Causeway Blvd.) Pedestrian and bicycle infrastructure improvements to create a new train for improved access from Harbor Bridge and the beach approved in the North Beach Area Plan. Bond 2018 In planning phase $300,000 N. Beach Coastal Protection (Breakwater Barrier) Preliminary engineering and permitting with USACE, GLO, Port of Corpus Christi and other agencies for the design and construction of new breakwater barriers to mitigate beach erosion and coastal flooding as approved in the North Beach Area Plan. Bond 2018 In planning phase $250,000 Water US 181 -Beach Ave to Elm St Due to conflicts with the new bridge construction there will be 3000 feet of 12" waterline replacement, 600 feet of 16" waterline replacement and 800 feet of 6" waterline replacement to maintain water quality. The work is concentrated on the east side of US181 between Reef Ave. and Burleson St. Rev Bond 90% complete by TxDOT $3,715,322 Breakwater- W. Causeway Blvd Due to conflicts with the new bridge construction there will be 500 feet of 12" waterline replacement to maintain water quality. The work is located on Breakwater Ave. between Avenue F and East Causeway Blvd. Rev Bond 90% complete by TxDOT $1,021,191 Wastewater Due to conflicts with the new bridge construction there will be 500 feet of 4" wastewater force main replacement and abandonment of a total of 1000 feet of 6" and 8" gravity sewer main. This work is located west side of the existing US181 between Burleson St. and Avenue F. US 181 at Plum St. Rev Bond 90% complete by TxDOT $201,649 US 181 at E Walnut St Rev Bond 90% complete by TxDOT $446,815 Burleson St from US 181 SBFR to Seagull Rev Bond 90% complete by TxDOT $411,941 Parks and Recreation North Beach Historic Plaza Placement and installation of a series of historical panels in North Beach plaza currently being constructed as part of Bond 2012. Hotel Occupancy Tax Dec 2019 $100,000 Total $11,882,989 Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone's projects. November 12, 2019 12 !Page REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support development and economic activity as well as contribute to the image and attractiveness of North Beach Corpus Christi on a local, regional, and national level. In addition, the Zone will pay the costs of Zone creation and ongoing administration. The following are project cost estimates and should not be construed as definitive costs for the listed projects (not listed in priority order). 1. INFRASTRUCTURE PROJECTS: $14,665,943 A. Wayfinding Infrastructure — The Zone may participate in proposed construction of gateway features with wayfinding throughout North Beach. It may also build multi -use paths to major tourists destinations. B. Park Improvements — The Zone may contribute to enhancements to Dolphin Park, Surfside Park, and Kiwanis and construct a North Beach birding park (Eco Park). C. Demolition of Blighted Structures — Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate or demolish such structures in order to develop or redevelop. D. Public Safety — With the purpose of increasing safety and security within the Zone, the Zone will provide support for security cameras and associated costs or other one-time security equipment and system devices. E. Drainage- The Zone may contribute financially to addressing infrastructure improvements that would reduce tidal and stormwater related flooding. F. Residential Streets- In November 2016, the voters approved a Charter Revision to Article VIII. Taxation and Bonds, Section 1. Taxation of the City's Charter which authorized the City Council to levy, assess and collect a property tax not to exceed six cents per $100 valuation for residential street reconstruction to be gradually implemented at a rate not to exceed two cents per $100 valuation per year (i.e. 2+2+2 = 6 cents). The City Council exercised that authority in FY 2018 and in FY 2019. The additional four cents and potential additional two cents must be used for residential streets as approved by the residents of Corpus Christi on November 8, 2016. City Charter Art. VIII, Sec. 1(c): (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street November 12, 2019 13 !Page reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. 2. MAINTENANCE PROJECTS: $1,587,681 A. North Beach Public Spaces Beautification & Revitalization Programs & Services - The Zone may contribute 5% of the total incremental ad valorem taxes collected per year in the Zone to beautification projects including the creation of or enhancements to common areas, roadway and median streetscapes, pedestrian landscapes, beach renourishment and beautification, wayfinding signage, lighting, public facilities and any services relating to such program. 3. INCENTIVES: $13,250,000 All Development Incentives are approved at the discretion of the TIRZ Board. A. Project Specific Development Agreement- In situations where higher development costs create a financing gap, TIRZ #4 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net ad valorem new tax increment on new developments, including mixed-use developments. A pro -forma is required to qualify for up to 75% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required. • The total reimbursement by the TIRZ #4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. • The total reimbursement by the TIRZ #4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet but less than 20,000 square feet or creating at least 25 but less than 100 new residential units. If further gap exists, staff will undertake additional third -party review to justify any additional reimbursement up to 95% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required based on the "but, for" principle. The qualifying cost elements for this Project Specific Development Agreement include those listed in the paragraph above and also: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking, including availability for public parking • Urban Design/Landscaping • Public Improvements/Utilities, including drainage To incent developers to build more than one project on North Beach, the TIRZ Board will consider reimbursement of net ad valorem new tax increment on all of the developer's properties within the TIRZ boundary. November 12, 2019 14 !Page B. North Beach Property Improvement Program — This grant will support and encourage private investment in the existing structures and facilities already built on North Beach. The Zone will match approved property improvements funded by the property owners. The Zone will consider a match of 50/50 (Property Owner / TIRZ #4), depending upon the extent to which the scope of the project meets the priorities of the Zone. C. North Beach Living Initiative— In order to stimulate the development of North Beach and quickly build residential density in the area, the Zone will establish a grant that will provide a $10,000 per dwelling unit reimbursement for multi -family developments of over 10 units. Any applicant awarded a grant must obtain a Building Permit for the entirety of such project(s) within six (6) months of award of such grant. If a Building Permit is not obtained within the six- month time period, then the grant will be forfeited. 4. ADMINISTRATIVE COSTS: $2,250,000 A. Creation — ($250,000) Zone shall reimburse the City for City incurred expenses related to the costs of creating the Zone. B. Administration — ($2,000,000) Zone funds shall pay for the City's costs of ongoing administration of the Zone including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $100,000 per year for the 20 -year life of the Zone. Project Costs are Estimated as Follows: Infrastructure, Maintenance and Incentives $29,503,624 Administrative Costs $2,250,000 TOTAL $ 31,753,624 Economic Feasibility Study §311.011(c)(3) Several market and economic feasibility studies for the Zone have been completed. The MJB Consulting "Retail Market Analysis and Strategy" and the Zimmerman/Volk Associates "Office, Retail, and Hotel Market Assessment" are provided under separate cover. In addition, a feasibility analysis by Landmark Renewal was completed in August 2019, which is included in Appendix A to this Plan. November 12, 2019 15 Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone's projects will be funded on a pay-as-you-go basis or utilize other financing methods. However, if the annual Zone revenue and available non -bonded debt financing are insufficient to address the needs of the Zone, the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach or a bonded debt issuance. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Developer's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within the Zone. It is currently projected that the County will agree to participate in funding the Zone with 100% of the incremental property taxes collected over the life of the Zone and that the City will participate in the funding of the Zone based on the table below. If City reaches $20 million, then the City shall cease contributions to the increment. It is anticipated that Del Mar College will be a participant in the TIRZ. TABLE- TIRZ Contributions Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Year(s) City of Corpus Christi $20,000,000 100% 2019 through 2028 75% 2029 through 2038 Nueces County None 100% 2019 through 2038 November 12, 2019 161 The assessed value base year for the City of Corpus Christi and Nueces County is 2019. The projection of incremental property tax revenue contributed to the Zone is as follows: Certified Appraised Values Base value is from 2019 (January 1, 2019) taxable appraised value. Values in future years are based on current development projections. Net Taxable Values from the Certified Roll 2019 (*with estimated development) Year 3% Tax Revenue Tax Increment Total Fiscal Year Tax Year Values City County Total City Scaled County County 100% City Scaled FY 20 2019 60, 689, 500 392,214 189,101 581,316 FY 21 2020 62, 510,185 403,981 194,774 598,755 11,766 5,673 17,439 FY 22 2021 64,385,491 416,100 200,617 616,718 23,886 11,516 35,402 FY 23 2022* 140, 317, 055 906,819 437,211 1,344,030 514,604 248,110 762,714 FY 24 2023 144,526,567 934,023 450,327 1,384,351 541,809 261,226 803,035 FY 25 2024* 187,362,364 1,210,856 583,799 1,794,654 818,641 394,697 1,213,339 FY 26 2025 200, 708, 235 1,297,105 625,383 1,922,488 904,891 436,282 1,341,172 FY 27 2026 214,686,232 1,387,440 668,937 2,056,376 995,225 479,835 1,475,061 FY 28 2027 229,322,271 1,482,027 714,541 2,196,568 1,089,813 525,439 1,615,252 FY29 2028 244,643,256 1,581,041 762,279 2,343,320 1,188,827 573,178 1,762,005 FY 30 2029 260,677,109 1,684,662 812,239 2,496,901 969,336 623,137 1,592,473 FY 31 2030 277,452,814 1,793,078 864,510 2,657,587 1,050,647 675,408 1,726,056 FY32 2031 295,000,453 1,906,482 919,186 2,825,668 1,135,701 730,085 1,865,785 FY 33 2032 313,351,242 2,025,076 976,365 3,001,441 1,224,646 787,264 2,011,910 FY34 2033 332,537,578 2,149,071 1,036,147 3,185,218 1,317,642 847,046 2,164,688 FY 35 2034 352,593,078 2,278,682 1,098,638 3,377,320 1,414,851 909,537 2,324,387 FY36 2035 373,552,625 2,414,136 1,163,945 3,578,081 1,516,441 974,844 2,491,285 FY 37 2036 395,452,410 2,555,667 1,232,182 3,787,849 1,622,589 1,043,081 2,665,670 FY 38 2037 418,329,985 2,703,516 1,303,466 4,006,982 1,733,476 1,114,365 2,847,841 FY 39 2038 442,224,308 2,857,936 1,377,918 4,235,854 1,849,292 1,188,817 3,038,108 TOTALS 32,379,912 15,611,564 47,991,477 19,924,084 11,829,540 31,753,624 According to these projections, 63% of the tax increment revenues will come from the City of Corpus Christi and 37% will come from Nueces County. Revenue estimates will be monitored and adjusted annually. The 2019 tax rate applicable to the reinvestment zone is $0.957852 (or approximately $0.96) per $100 of assessed valuation, broken down as follows: City of Corpus Christi Nueces County Total 0.646264 0.311588 0.957852 Applying the 2019 tax rate of $0.957852 per $100 assessed valuation to the 2019 total certified roll taxable value of properties within the zone, property taxes of $581,316 are generated. This amount produced from November 12, 2019 171 gage the tax increment base (or the "frozen base") will continue to be allocated and paid to the taxing entities levying taxes in the zone area, based on their respective tax rates. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District, the 2019 certified roll total assessed value for the Zone as of July 26, 2019 is $64,724,132. Due to differences in policies regarding exemptions and tax abatements, the net taxable values differ among the two jurisdictions. According to the Nueces County Appraisal District, the 2019 certified roll net taxable value for the Zone as of July 26, 2019 is $60,689,500 for the City of Corpus Christi and $59,657,026 for Nueces County. Estimated Captured Appraised Value §311.011(c)(8) The table above provides the projected schedule of taxable value increment captured by the Zone over its proposed 20 -year duration. There is a column shown for each entity. Captured value projections assume a 3.0% annual value appreciation rate for existing development. In year 2022, the development currently underway on North Beach, LaVista Pointe Apartments, will be complete with an estimated future property value increase of $24 million. Additionally, there are other developments planned throughout the zone with a combined projected increase in value of $105 million. Based on calculations in the TIRZ # 4 Feasibility Analysis, beginning in 2024 and continuing throughout the remaining life of the Zone, 22 apartment units valued at $150,000 each and 12 condominium or townhome units valued at $300,000 each, are projected to be added to the tax rolls each year. The per unit amounts are adjusted for inflation at 3% per year. The tax increment is the amount of property taxes produced yearly during the term of the reinvestment zone on the captured appraised value. This value is the appraised value of taxable real property within the reinvestment zone which exceeds the tax increment base. The table above shows estimated TIRZ revenues over the 20 life of the zone to be as follows: City of Corpus Christi: $19,924,084 Nueces County: $11,829,540 Total $31,753,624 Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2019, the Zone would expire after 2038. November 12, 2019 18 !Page City Council may, by ordinance, extend the length of the TIRZ to allow additional time to expend funds. Appendices Appendix A — Economic Feasibility Study §311.011(c)(3) Feasibility Analysis Tax Increment Reinvestment Zone # 4 North Beach Area City of Corpus Christi, Texas August 2019 Jim Johnson, PhD Landmark Renewal November 12, 2019 19 1 Page I. Introduction The North Beach area of Corpus Christi, Texas, already a leading tourist destination with 800,000 visitors annually, is primed for accelerated redevelopment upon completion of the new Harbor Bridge and demolition of the old bridge. A number of planning processes have focused on the area, producing a wealth of reports including: • North Beach Development Plan (November 2011) - NBDP • Zimmerman Volk Associates: Residential Market Potential (October 2014) - ZVA • North Beach Redevelopment Area Specific Plan (February 2018) - NBRA • Downtown Area Development Plan, Corpus Christi (March 2018) - DADP In addition, the Market and Economic Feasibility Study Update for TIRZ # 2 (July 2019), contains a detailed residential, retail and hotel development analysis of the Corpus Christi metropolitan statistical area (MSA) applicable in part to North Beach. The feasibility of a tax increment reinvestment zone (TIRZ) depends on whether tax increment stimulated by TIRZ improvements will cover the costs of those improvements, leaving local tax jurisdictions better off at termination of the TIRZ than they would be without a TIRZ. While some new development would occur regardless, establishing the zone provides a revenue source for public improvements that can spur additional and more intensive development than would otherwise occur. The year in which a TIRZ is established becomes its base year, with each succeeding year's incremental tax revenues pledged to a fund controlled by the zone's board of directors. Local taxing jurisdictions may contribute up to 100% of their tax increment. TIRZ revenues depend on: • Overall changes in property valuations; • Timing and value of new development; and • Loss of value from demolition of existing improvements. Once the zone has sufficient revenue, infrastructure improvements should coincide with and enable associated private investment (DADP, p. 26). This analysis assumes that TIRZ spending will be based on articulated stakeholder and planning priorities, such as the February 2018 North Beach Redevelopment Initiative Near -Term Projects and Mid- and Long -Term Projects lists. 20 'Page Appendix A -Economic Feasibility Analysis II. TIRZ Revenue Projection City of Corpus Christi is expected to participate at 100% for the first ten years and at 75% for the last ten years. Nueces County is expected to participate with 100% of tax increment for the full length of the TIRZ. Base year taxable values vary slightly between jurisdictions, primarily due to differing property tax exemptions offered. Exemptions on owner -occupied residential property include homestead and the over -65 tax freeze. For purposes of these projections, we assume the effect of these exemptions will be small since most existing and new development will be commercial, including multifamily, that is ineligible for these residential exemptions. The aggregate value of single family residential property tax exemptions changes slowly over time. We assume no effect from commercial property tax abatements that could be offered by participating jurisdictions. The following projections of TIRZ revenue are based on the following assumptions: • 3% annual growth in taxable property valuations • Completion of a $24 million apartment complex, LaVista Pointe, in 2022 • New residential development in North Beach equivalent to 22 new apartment units and 12 new condominium or townhome units per year beginning in 2024 Prudence requires a conservative bias in revenue assumptions so that TIRZ spending can be reasonably planned. There is no assumption of added taxable value from retail/commercial or hotel/hospitality/tourism-related new development, despite a reasonable possibility of such investments. According to ZVA (p. 42), the residential "market is constrained in North Beach due to the additional cost of development incurred by flooding issues." In the five years since the ZVA report, no multifamily residential development has been completed. The TIRZ revenue forecast assumes that a flooding mitigation solution, such as the proposed canal (NBRI Alternative 2), is devised and implemented by the City of Corpus Christi within the next five years. While drainage improvements are unlikely to erase the additional costs of development in North Beach, it should substantially ease that market constraint, making the ZVA residential projections for North Beach realizable in the future. LaVista Pointe, a 150 -unit apartment complex, is planned for completion around 2022. ZVA projects North Beach annual residential absorption over a 10 -year period of 44-53 apartment units and 26-31 condominium and townhome units. Taking a middle point of those projections, or 48 apartment units 21IPage Appendix A -Economic Feasibility Analysis and 28 condo/townhome units, times 10 years, and subtracting the 150 completed apartment units, results in a projection of 330 additional apartment units and 280 new condo/townhome units after 2024. This analysis assumes that tax revenue from these units is, conservatively, spread over a 15 -year period beginning in 2024, after LaVista Pointe has likely reached stabilized occupancy. Apartments are estimated at $150,000 per unit and condos and townhomes at $350,000 at the beginning of the 15 -year period, with 3% inflation for new construction in each succeeding year. The 2024 per unit values discounted back to 2019 values at 3% per year equal about $129,000 per apartment unit and $300,000 per condo/townhome unit. While the TIRZ revenue forecast involves no additional retail or hotel development, TIRZ infrastructure should make high intensity tourism -oriented development appealing to the private sector. In particular, TIRZ infrastructure, a canal or other drainage solution, and right of way opened up by demolition of old the Harbor Bridge ramps, together should enable the transformative potential of high-density mixed-use development and structured parking near existing tourist attractions and associated parking needs (DADP, p. 87). "Opportunities here could include hotels, other tourism -related uses, and surface parking serving the beach and other visitor destinations." (DADP, p. 85) III. TIRZ Projects, Costs and Timing The proposed TIRZ project list is derived from the planning documents listed above and stakeholder input. Project costs are estimates derived from similar types of projects, and therefore should not be construed as definitive costs for the listed projects. The TIRZ Project Plan should contain cost estimates in categories of spending rather than for specific projects, which over the 20 -year life of the zone may change conceptually and in terms of scope and extent. Among recommendations of the DADP are the following: • Restore street connections where old Harbor Bridge is removed, and provide "convenient, attractive access at Beach Ave. connecting to Surfside and Timon Blvd." (p. 32) • Build a "new multi -use path extending along Beach Ave. to the Beachwalk, and along Timon and Surfside Blvd. to the Texas State Aquarium ferry dock." (p. 36) • "Complete North Beach birding park and Timon/Surfside path within 5 years." (p. 36) • "Create a welcoming Beach Ave. gateway at the new point of entry to North Beach off the Harbor Bridge." (p. 86) 22IPage Appendix A -Economic Feasibility Analysis • "A new 'North Beach Blvd.' should also be created through the redesign of existing Timon and Surfside Blvd. with street upgrades, a new wide multi-purpose path for pedestrians and bicyclists...and planting the center median with a rich palette of native, coastal plant species." (p. 86) The North Beach TIRZ should include the following project categories: Roads and wayfinding • Beach Ave. roadway/pedestrian improvements and area beautification • Construction of Traffic Circle at the intersection of Beach Ave. with Surfside Blvd. and Timon Blvd. including gateway feature with wayfinding Parks • Dolphin Park improvements • Surfside Park improvements • Kiwanis Park and Community Center improvements Other infrastructure Demolition of blighted structures Structured parking 23IPage Appendix A -Economic Feasibility Analysis Cumulative revenue is projected as follows: Year Revenue Fiscal Year Tax Year Annual Cumulative FY 20 2019 FY 21 2020 17,439 17,439 FY 22 2021 35,402 52,842 FY 23 2022 762,714 815,556 FY 24 2023 803,035 1,618,591 FY 25 2024 1,213,339 2,831,929 FY 26 2025 1,341,172 4,173,102 FY 27 2026 1,475,061 5,648,162 FY 28 2027 1,615,252 7,263,415 FY 29 2028 1,762,005 9,025,419 FY 30 2029 1,592,473 10,617,893 FY 31 2030 1,726,056 12,343,949 FY 32 2031 1,865,785 14,209,734 FY 33 2032 2,011,910 16,221,644 FY 34 2033 2,164,688 18,386,332 FY 35 2034 2,324,387 20,710,720 FY 36 2035 2,491,285 23,202,005 FY 37 2036 2,665,670 25,867,675 FY 38 2037 2,847,841 28,715,516 FY 39 2038 3,038,108 31,753,624 TIRZ spending could begin as early as 2022 on modest improvements, but assuming a pay-as-you-go structure, major infrastructure spending would have to wait at least until approximately $2.8 million had been accumulated in 2024. A parking structure would have to wait until near the end of the TIRZ lifetime, unless a private developer could be induced to build a garage in a public-private partnership earlier than that. With the opportunity of vacated ROW from the demolished Harbor Bridge ramps, such a partnership is feasible, perhaps in conjunction with an on -street meter parking policy as envisioned by the DADP (p. 28). 24IPage Appendix A -Economic Feasibility Analysis AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for November 12, 2019 Second Reading Ordinance for November 19, 2019 DATE: TO: September 27, 2019 Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3276 Agreement and appropriating funds for Braselton Custom Homes, LTD for a Water Arterial and Grid Main Line Extension Construction and Reimbursement Agreement CAPTION: Ordinance authorizing a Water Arterial Transmission and Grid Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes, LTD to extend a water transmission and grid main line for a planned residential subdivision located on CR -33 with a completion date of May 30, 2021; and appropriating $1,233,230.25 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer per agreement. (District 3) SUMMARY: Braselton Custom Homes LTD is required to construct a 16 -inch masterplan water arterial transmission and grid main line extension fronting the development property along County Road 33 to provide water and fire suppression service to the planned residential subdivision phase named London Towne Unit 1. A water masterplan amendment for the 16 -inch grid main line was approved by City Council on October 30, 2018. The installation of the new water utilities will extend service to the planned residential subdivision and the surrounding undeveloped properties. The developer has requested a reimbursement agreement in accordance with UDC Section 8.5.1 Water Trust Fund. BACKGROUND AND FINDINGS: Braselton Custom Homes LTD plans to install 4580 linear feet of 16 -inch water grid main line per the water masterplan, to service a planned residential subdivision within city limits located on County Road 33 north of FM -43 and south of the Oso Creek. The property encompasses 22.91 acres of platted property with 93 single-family home lots and is zoned RS -4.5. The new 16 -inch water grid main line is required to extend water service to the planned subdivision and the surrounding properties per the water master plan. The 16 -inch water grid main line will connect to an existing 48 -inch water arterial transmission and grid main line located near the north end of County Road 33 and will extend southward to the southern end of the planned subdivision. In the future the grid main line can be extended from this point and connect with the 16 -inch arterial grid main line along FM -43 completing the masterplan water grid main line. A map of the water line is not part of the agenda memo but is included as part of the presentation. Arterial Transmission and Grid Mains are lines that are used to supply the water grid system up to one square mile and are 12 -inches of inside diameter, or larger. The Water Arterial Transmission and Grid Main Trust Fund is used to reimburse developers for constructing arterial grid mains. Additionally, Section 8.5.1 of the UDC authorizes the redistribution of monies between the four trust funds in order to reimburse the developer for projects that exceed the current balance in any single trust fund. At the August 13, 2019 Council meeting, City Council requested that staff reexamine the trust funds and provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council requested staff return within 75 days and present their recommendations. On November 12, 2019 during the first reading of this reimbursement item, City Council authorized a floor amendment changing the reimbursement amount from $1,485,130.25 to $1,233,230.25. The amendment also eliminated the transfer of $65,000.00 from the Water Distribution Main Trust Fund to the Water Arterial Transmission and Grid Main Trust Fund. ALTERNATIVES: Based upon the current UDC language in section 8.5.1 Water Trust Fund the developer requested reimbursement for the installation of a water arterial transmission and grid main line that that will serve the planned subdivision and surrounding area. If the request were to be denied and the developer had to assume the costs associated with the installation of the water line to serve the property, the project may become cost prohibitive. Another alternative is to identify the project as a capital improvement project to be constructed by the city. This alternative may delay this project in the short term but would leave the trust funds with a large enough balance to encourage other developers to continue with their planned projects, without having the wait until enough revenue in Trust Fund fees is collected to reimburse developers. FISCAL IMPACT: The total amount required for the requested reimbursement agreement is $1,233,230.25 and as of 30 August 2019, the Water Arterial Grid Main Trust Fund has an available balance available of $1,421,865.73. If the reimbursement agreement is approved by Council the Water Arterial Transmission and Grid Main Trust fund will have an available balance of $188,635.48. The expenditures for this project are a one-time cost and are not associated with any other projects. The Utility Trust Funds receive monthly deposits generated from Lot and Acreage Fees, Pro -rata Fees and Surcharge Fees that are charged during the platting process. Over time the fees collected and deposited into the Water Trust Fund will replenish the Trust Funds and enable other developer -initiated water infrastructure projects to be reimbursed. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 4030 Water Arterial Transmission & Grid Main Trust Fund 21805 Water Arterial Transmission & Grid Main Trust 777 N/A 540450 Reimbursement to Developers The request is in accordance with UDC Section 8.5.1 Water Trust Fund and the water masterplan. The installation of this water arterial grid main line will lead to the completion of a masterplan water grid main system and will provide water service to this newly annexed property and the surrounding undeveloped properties. Coupled with the Wastewater Lift Station project associated with the London Towne residential subdivision project, nearly 1000 acres of rural undeveloped property will have access to the newly installed public utilities which will help foster the development of this area within the Corpus Christi ETJ. Staff recommends approval of the applicant's request. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance authorizing a Water Arterial Transmission and Grid Main Line Extension Construction and Reimbursement Agreement with Braselton Custom Homes, LTD to extend a water transmission and grid main line for a planned residential subdivision located on CR -33 with a completion date of May 30, 2021; and appropriating $1,233,230.25 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer per agreement. Whereas, UDC §8.5.1.C.4 & §8.5.2.I provides that after a public hearing, City Council may transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. 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 Braselton Custom Homes, LTD for the construction and installation of a 16 -inch water arterial transmission and grid main line, for the development of the platted property known as London Towne Unit 1, Corpus Christi, Texas. SECTION 2. Funding in the amount of $1,233,230.25 is appropriated from the No.4030- 21805 Water Arterial Transmission and Grid Main Trust Fund, to reimburse the Developer for the construction of a 16 -inch water arterial transmission and grid main line, and construction 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 , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. 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, and, Braselton Custom Homes LTD, ("Developer/Owner"), a Texas Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 19, 2018 to develop a tract of land, to wit: approximately 22.91 acres known as London Towne Unit 1, Corpus Christi Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Grid Main Extension"); WHEREAS, it is in the best interests of the City to have the Grid Main Extension on be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending a Grid Main Extension as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION Developer/Owner shall construct the Grid Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare and seal plans and specifications for the Grid Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: ITEM 1DESCRIPTION QUAN. UNIT A. OFF-SITE WATER IMPROVEMENTS: T EA 1 48"x24" Tapping Sleeve w124" Gate Valve --'1 2 24"x16" Reducer 1 EA 3 4 16" PVC C-900 (All Depths) 4,580 LF Fire Hydrant Assembly 8 EA 5 16"x6" Ductile Iron Tee 8 EA 6 16" Gate Valve 8 EA 7 16"x45 Ductile Iron Bend 2 EA 8 16" Cap & Plug 1 EA 9 Combination AirNacuum Valve 4 EA 10 Mechanical Joint Restraints 66 EA EA 11 Bollard 4 12 Silt Fence 4,600 LF 13 Construction Entrance 1 EA 14 Hydro -Mulch and Seeding 3.0 AC 15 Easement through Camp Property 1 LS 16 Mobilization, Bonds, & Insurance 1 LS b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specification must be approved by the City's Development Services Engineer. 4. SITE IMPROVEMENTS WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 12 Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5. PLATTING FEES Developer/Owner shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC. 6. DEVELOPER/OWNER AWARD CONTRACT FOR IMPROVEMENTS Developer/Owner shall award a contract and complete the improvements to Grid Main Extension, under the approved plans and specifications by, May 30, 2021. 7. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 8. 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. 9. DEFAULT The following events shall constitute default: a. Developer/Owner 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/Owner'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/Owner 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/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the project, under the approved plans and specifications, on or before May 30, 2021. f. Either the City or Developer/Owner otherwise fails to comply with its duties and obligations under this Agreement. 10. NOTICE AND CURE WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 12 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. 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/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty, and should Developer/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 Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, 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; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/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. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 11. 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 other party within ten (10) WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 12 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. 12. 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/Owner: Braselton Custom Homes LTD 5337 Yorktown Boulevard Corpus Christi TX 78413 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 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. 13. THIRD -PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 12 and with the contractor for the construction of the project must provide that the City is a third -party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll- free telephone number. 15. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT a. The cost for the Grid Main Extension less $16,926.00 lot/acreage fee credit is $1,233,230.25. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Grid Main Extension up to an amount not to exceed $1,233,230.25.as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 -days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in paragraph 14. c. Cost -supporting documentation to be submitted shall include: WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 12 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work constructed 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. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. e. 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/Owner 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/Owner. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT, All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC §8.5.1. C. 18. INDEMNIFICATION Developer/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 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/Owner's failure to comply with its obligations under WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 7 of 12 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 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 attorney's 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/owner 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. WATER ARTERIA!. TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 8 of 12 This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer/Owner to another with the written consent of the City's City Manager. 20. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 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/Owner from and after the date that all original copies have been executed by all signatories. 22. DEDICATION OF GRID MAIN EXTENSION. Upon completion of the construction, dedication of Grid Main Extension will be subject to City inspection and approval. 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attomey for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at httos://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos://www.ethics.state.tx.us/Iecial/ch46.html. WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 12 24. CONFLICT OF INTEREST. Developer/Owner 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 need to file a Form CIQ, please review the information on the City Secretary's website at httr://www.cctexas.com/oovernment/city- secretary/conflict-disclosure/index 25. 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. Remainder of page intentionally left blank; signature page to follow. WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Al Raymond Director for Development Services For City Manager Page 11 of 12 STATE OF _kr COUNTY OF tiV. ..f Brasel By: Ba = raselton Vic= President SUZANNE HONEA Notary 10 # 130560604 My Commission Expires February 29. 2020 This instrument was acknowledged before me on Clit , 2019, by Bart Braselton, Vice President, Braselton Custom Homes LTD, a Texas Partnership, • behalf of said corporation. WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT Public's Sig ,=turd Page 12 of 12 Notes: 1. Total platted area contains 22.91 Acres of Land. (Includes street dedication) 2. 5/8 inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set at all lot corners, unless otherwise noted. 3. The receiving water for the storm water runoff frorn this property is the Oso Creek. The TCEQ has not classified the aquatic life use for the Oso Creek, but it is recognized as an environmentally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEQ has classified the aquatic life use for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation" use. 4. 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. 5. By graphic plotting only, this property is in Zone "C" on Flood Insurance Rate Map, Community Panel No. 485494 0505 D, Corpus Christi, Texas, which bears an effective date of June 4, 1987, and it is not located in a Special Flood Hazard Area. Per preliminary Flood Insurance Rate Map, Community Panel No. 48355C0505G, Nueces County, Texas, the property is in Zone "X" (Area of 0.2% annual chance flood) and Zone "X" (Area outside of 0.2% annual chance floodplain). The more stricter of the two designations shall be considered. 6. Lot 1, Block 4; Lot 1, Block 9; Lot 1, Block 17; Lot 1 Block 18; Lot 1, Block 19; Lot 1, Block 21 and Lot 1, Block 22 are non—buildable lots that will be maintained by the Home Owners Association. 7. Lot 1, Block 7 is a Park Area to be maintained by the Horne Owners Association. 8. Direct access onto County Road 33 is prohibited. 9. Property to be re—zoned to RS -4.5 concurrent with annexation. 10. Direct access to London Towne Boulevard is prohibited from Block 17, Lot 2 and Block 19, Lot 2. 11. Block 18, Lot 1 (Park); Block 21, Lot 1 (Park) and Block 22, Lot 1 (Park) are designated as a utility easement and drainage easement. Park related structures shall be allowed within these lots. State of Texas County of Nueces Braselton Development Company, Ltd., a Texas limited partnership, hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that it has had said lands surveyed and subdivided as shown; that streets shown are dedicated, to the public use forever; that easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of , 20 By. Braselton Development Company, Ltd., a Texas limited partnership By. Braselton Management Company, LLC, its general partner By Fred Braselton, President State of Texas County of Nueces This instrument was acknowledged before me by Fred Braselton, as President of Braselton Management Company, LLC, general partner of Braselton Development Company, Ltd., a Texas limited partnership, on behalf of said entity in said capacity. This the day of _, 20 Notary Public in and for the State of Texas Exhibit 1 Plat of London Towne Subdivision Unit 1 being a 22.91 Acre Tract, comprising of a 17.05 Acre Tract and a 5.86 Acre Tract of which the said 17.05 Acre Tract is situated in the Cuadrilla Irrigation Co. Survey No. 139, Abstract 577 and the I.&G.N.R.R. Co. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas and being a portion of Tract 11, described as a 118.126 Acre Tract in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas; said 5.86 Acre Tract, being situated in Section D, as shown on the said map of Laureles Farm Tracts and being a portion of a called 21.76 Acre Tract of Land described in a Warranty Deed with Vendor's Lien from Joseph John Meaney, as Trustee of the Claire Elizabeth Haynes Trust, the Isabelle Marie Haynes Trust, and the Emily P. Haynes Trust, by and through his Attorney—in—Fact, David Walsh; and Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust, to Braselton Development Company, Ltd., a Texas limited partnership, recorded in Document No. 2019002524, Official Public Records of Nueces County, Texas. State of Texas County of Nueces AMERICAN BANK, hereby certifies that it holds a lien on the property owned by Braselton Development Company, Ltd., a Texas limited partnership, as shown on the foregoing map and it approves of the subdivision and dedication for the purposes and considerations therein expressed. This the day of , 20 By. AMERICAN BANK By. PHILLIP J. RITLEY, Senior Lending Officer State of Texas County of Nueces pPMOWE .. i MAY 15 2019 PLANNING C011fI1\1415S101`!.., This instrument was acknowledged before me by PHILLIP J. RITLEY., Officer of AMERICAN BANK, on behalf of said bank. This the day of 20 Notary Public in and for the State of Texas as Senior Lending RECEIVED ♦ yMAY 211 • City or Lorpus Christi Development Services rn it V County of Nueces City of Corpus Christi 11 U CASA FIEF F.M. 43 co cC3 CV u7 Location Map: N.T.S. State of Texas County of Nueces This final plat of the herein described property was approved by the Department of Development Services of the City of Corpus Christi, Texas. This the day of , 20 William J. Green, P.E. Development Services Engineer State of Texas County of Nueces This final plat of the herein described property was approved on behalf of the City of Corpus Christi, Texas by the Planning Commission. This the day of , 20 Nina Nixon—Mendez, FAICP Eric Villarreal, P.E. Secretary State of Texas County of Nueces Chairman I, Kara Sands, Clerk of the County Court in and for said County, do hereby certify that the foregoing instrument dated the _ day of , 20 , with its certificate of authentication was filed for record in my office the _— day of _ , 20 At _ O'clock _+1., and duly recorded the day of , 20____, at _ O'clock _M , in said County in Volume , Page , Map Records. Witness my hand and seal of the County Court, in and for said County, at office in Corpus Christi, Texas, the day and year last written. No. Filed for Record Kara Sands, County Clerk Nueces County, Texas at O'clock _Jul , 20 By Deputy State of Texas County of Nueces I, James D. Carr, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing map from a survey made on the ground under my direction and is true and correct to the best of my knowledge, information and belief; I have been engaged under contract to set all Lot and Block corners as shown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This the day of _ , 20 Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. James D. Carr, R.P.L.S. Texas License No. 6458 URBAN ENGINEERING TOPE F1RM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER OR, CORPUS CHRIST[, TX 78404 PHONE: 361.854.3101 WWNLURBANENG.COM 1 Revised: 5/3/19 Revised: 4/10/19 Submitted: 2/6/19 SCALE: None JOB NO.: 42900.B9.02 SHEET: 1 of 2 DRAWN BY: XG 02019 by Urban Engineering urbansurve i Ourbanen• .com Legend: • 5/8 Inch iron Rod with cap stamped "URBAN ENGR CCTX" Found 0 5/8 Inch Iron Rod with cap stamped "URBAN ENGR CCTX" Set MAG Nail with Washer stamped "URBAN ENGR CCTX" Set E Nail, Found 150 100 50 Ht N88'59'41 "E 461.00 23 0 100 Graphic Scale 1"=100' 46' Wide Temp. D.E. (Doc. No. o.P.R.N.C.T.) F U.r. 115.00' 1 23 i0 13 6900sf 115.00' 1_ 12 5750sf WW07 115,00' I'1 0 0 I0 11 D 6900sf 115.00' 10 5750sf 115.00' l0 9 1d 6900sf + 5'U.E. 115.00' T 5'U.E. 8 6900sf 115.00' It 0 0 IuF 1 7 5750sf 115.00' woI 200 5'U.E. (Doc. No. , 0.P.R.N.C.T.) N88'59'41"E 399.00' 65.00' II l 7779sf w� tir2 0 27 60.00' 7200sf 26 20'Y.R. 60.00' 7200sf 25 5'U.E. 55.00' w 15'U.E. 159.00' 6579sf I 23 11• 0'Y.R. 8745sf 159.00' -55.00/- 10.00 - -60.00= 24w; =45.00 23' 1 1 1 6 5750sf 115.00' 5 750sf 115.00' io ❑ 0 I 0 0 o 4 6900sf 5.u.2.115.00' l0 3 6900sf 115.00' 0 I I 0 0 1"1 I.0 0 �o 2 5750sf 115.00' 1.I 0 ❑ 1 7427sf 10'Y.R. 0 ❑ 9 CO 0 O c 0 100.00' G N88'59'41 "E 138.00' 23 0 (15 0 z 0 45tn Trent Park Lane ) t -588'59'41"W 282.00' ,r ego--61..0CY= 0 00 0 ❑ 15 7779sf 65.00' 20'Y.R. 0 16 0 7200sf 60.00' 0 17 7200sf 60.00' • 6112 121.00 22 7260sf 121.00' 19' 6579sf 55.00' 21 6776sf 121.00' ❑1 �I 01 of 0 L 01 of 0 L 1 9 20 7260sf 121.00' -- ' I 159.00' 19 -Si 0 8745sf v4i 5'U.E. 159_00' _ _ -- 0 110'Y.R. 0 0 7779sf > 14 0 L 45, 3' of w 7200sf 13 7200sf 12 20'Y.R. 5'U.E. 55.00 60-001-60.00 -45.00 Regents Park Lane5'E.E.� S88'59'41"W 282.00' N -5500'--649 Oz4o� -4�9Q= 20'Y.R. 6579sf 1140 5'U.E. of 10 8745sf o 10'Y. R 159.00' 19 .0 0 19' • • w 0 0 4 1 o 0 ▪ 2 7779sf 0 2 1 65.00' U w 121.00' 9\ 7260sf 121.00' 8 , } 6776sf a I "' 121.00' 3 7200sf 50.00' D . o��l mu" 4 ❑ } is 5❑G- 7200sf N 6579sf- o 0 60.00' 55.00' 19' -JI 10'Y.R. 5'U.E. 7 7260sf 121.00' 159.00' 6 8745sf 159.00' 0 0 0� 0 z 2 cc LL a o 01 L4 0 O 0 tdo oo 11) o� 0 5'U.E. N88'59'41 "E 399.00' 0 1 0 (Public Park Area) 7381 1 sf 20'Y.R. 888'59'41"W 297.42' N88'59'41"E 256.08' London Towne Boulevad • . h41 Z�1 AZA 5'U.E. inn nnr �=.1�6 10'Y.R. Io eE IAC LI OW 1 7427sf o o ;0 S8815900'„W f 1Io 1 2 w �0 D 2.56' 1 r8 6900sfin 4 5'U.E. 115.00' L5 hI I 0 o G �0 0 0' ow z •• "Lo 23' . 23' 5'U.E. L7 J 118.126 Acre Tract (Doc. No. 2015011169, 0.P.R.N.C.T.) (Owner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) 10' Wide 21.5' 11.00' LINE BEARING DISTANCE Li S01'00'19"E 3.44' L2 N88'59'41"E 161.00' L3 N01'0O'19"W 2.56' L4 869'43'18"E 37.77' L5 N69'43'18"W 38.09' L6 N01'00'19"W 10.00' L7 S88'59'41 "W 161.00' L8 S00'47'01 "E 171.00' L9 S89'12'59"W 47.72' L10 800'47'01"E 114.00' L11 S20'16'42"W 37.91' L12 N78'54'21 "E 20.44' L13 N78'54'21 "E 117.54' L14 S02'17'14"W 6.00' L15 S00'37'47"W 6.00' L16 S01'00'19"E 6.00' 117 N88'59'41"E 50.00' L18 S01'00'19"E 6.00' L19 S88'59'41 "W 25.43' L20 N09'57'55"E 6.00' L21 S12'27'57"W 6.00' L22 S14'05'42"W 6.00' L23 S16'55'17"W 6.00' L24 S18'33'02"W 6.00' L25 NI 7'36'08"E 6.00' L26 615'56'411'W 6.00' 127 S 12'29'33"W 6.00' 128 S10'50'06"W 6,00' L29 S07'23'32"W 6.00' L30 N05'44'05"E 6.00' L31 S20'16'42"W 34.84' L32 S65'16'42"W 24.59' L33 S24'43' 18"E 24.59' L34 569'43'18"E 80.02' L35 S69'43'18"E 153.00' L36 569'43'18"E 109.00' L37 N69'43'18"W 109.00' L38 N69'43'18"W 153.00' L39 N69'43'18"W 90.00' L40 N20' 16x42"E 45.00' L41 N20'16'42"E 34.84' L42 569'43'18"E 12.50' L43 S03'41'09"W 52.00' L44 S01'00'19"E 19.00' L45 N08'20'10"E 6.00' L46 878'54'21"W 156.35' L47 N88'59'41"E 153.35' L48 N69'43'18"W 12.50' L49 N07'05'09"E 6.00' L50 N20' 16'42" E 34.74' L51 N88'59r41 "E 37.43' L52 N05'27'24"E 6.00' L53 N89'12'59"E 63.60' L54 N65'16'42"E 24.75' L55 824'43'18"E 24.75' L56 N20'16'42"E 34.74' 118.126 Icre Tract (Doc. No. 201541 169, 0.P.R.N.C.T.) (Owner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) ,E2d nnlLr��i1:1�r�''�1 ����� V.:A/J.11.0 UFIliErY 'i. f, AMffiA IT 877 L2 Zone "X" (Area of 0.2 annucl chance) Approximate Location of Flood (prefirninory Flood Map) Zone 5'U.E. (Doc. No. �23-�01.N�C.7. 80.34 ) rn ' I 63.84` 115,00' Pedestrian Access Easement N > (n CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C1 16'05'05" 1915.42' 537.71' S77'45'50"E 535.95' C2 21'17'01" 1571.42/-583.73' 20'Y.R. 'at 11 ak T Z 8100sf 60.00'_ N80'21'49"W 580.38' C3 169'54'40" 2.00' 5.93' N06'02'59"W 3.98' C4 1709'55" 289.50' 61.47' S84'59'19"W 61.35' C5 1'39'30" 1758.42' 50.90' N88'05r59'W 50.89' C6 180'00'00" 15.00' 47.12' NO2'43'47"E 30.00' C7 '26'33" 1728.42' 13.35' 587'29'30"E 13.35' C8 1'39'27" 1734.42' 50.17' S88'3729"E 50.17' C9 1'38'06" 1728.42' 49.33' N89'48'44"E 49.32' C10 '48'52" 1758.42' 24.99' N84'57'02"W 24.99' 011 1'37'45" 1752.42' 49.83' N83'43'44"W 49.83' C12 1'15'01" 1758.42' 38.37' N82'17'21"W 38.37' C13 1'37'45" 1752.42' 49.83' N80'50'58"W 49.83' C14 2'30'02" 1758.42' 76.74' N78'47'04"W 76.74' C15 1'37'45" 1752.42' 49.83' N76'43'11 "W 49.83' 016 749'35" 1758.42' 86.74' N74'29'31 "W 86.73' C17 1'37'45" 1752.42' 49.83' N72'15'51 "W 49.83' C18 1'34'47" 1758.42' 48.49' S70'39'34"E 48.48' C19 180'00'00" 15.00' 47.12' S20'07'49"W 30.00' C20 731'42" 1728.42' 76.27' S71'08`01'E 76.26' C21 1'39/-27" 1734.42' 50.17' 573'13'36"E 50.17' C22 3'27'08" 1728.42' 104.14' 875'46'53"E 104.12' C23 1'39'27" 1734.42' 50.17' S78'20'10"E 50.17' C24 3'26'34" 1728.42' 103.86' S80'53'11 "E 103.84' C25 V39'27" 1734.42' 50.17' S83'26'11 "E 50.17' C26 1'05'33" 1728.42' 32.96' N84'48'41 "W 32.96' C27 180'00'00" 15.00' 47.12' 804'38'32"W 30.00' C28 '58'01" 1706.42' 28.80' N70'27'36"W 28.80' C29 180'00'00" 15.00' 47.12' S20'16'42"W 30.00' C30 180'00'00" 15.00' 47.12' S20'16'42"W 30.00' C31 28'04'21" 25.00' 12.25' S76'44'51"E 12.13' C32 95'48'48" 60.00' 100.34' N69'22'56"E 89.05' C33 88'48'10" 20.00' 31.00' N65'52'37"E 27.99' C34 90'00'00" 20.00' 31.42' S24'43'18"E 28.28' C35 90'00'00" 20.00' 31.42' N65'16'42"E 28.28' C36 90'00'00" 20.00' 31.42' N24'43'18"W 28.28' C37 68'56'17" 10.00' 12.03' N54'44'50"E 11.32' C38 90'00'00" 10.00' 15.71' 546'00'19"E 14.14' C39 90'0000" 10.00' 15.71' N43'59'41 "E 14.14' C40 90'00'00" 10.00' 15.71' S46'00'19"E 14.14' C41 90'00'00" 10.00' 15.71' 843'59'41"W 14.14' C42 90'00 00" 15.00' 23.56' N43'59'41 "E 21.21' C43 90'00'00" 15.00' 23.56' N46'00'19"W 21.21' C44 90'00'00" 15.00' 23.56' N43'59'41 "E 21.21' C45 90'00'00" 15.00' 23.56' 546'00'19"E 21.21' C46 10'05'20" 300.00' 52.82' N83'57'01 "E 52.76'- C47 12'09'55" 311.50' 66.14' N84'59'19"E 66.02' C48 V31'05" 1780.42' 47.17' S88'10'11 "E 47.17' C49 93'35'41" 15.00' 24.50' N45'47'31_"E 21.87' C50 83'58'16" 15.00' 21.98' 542'59'28E 20.07' C51 15'00'58" 1780.42' 466.62' N77'28'07"W 465.28' C52 89'45'41" 20.00' 31.33' N65'09'32"E 28.23' C53 90'15'17" 20.00' 31.50' S24'50'578E 28.35' C54 21'01'44" 1706.42' 626.29' N80'29'27"W 622.78' C55 12'09'55" 300.50' 63.80' S84'59'19"W 63.68' C56 '11'25" 1769.41' 5.87' N86'13'08"W 5.87' C57 16'24-'08" 1769.42' 506.53' N77'55'22"W 504.81' C58 16'35'33" 1717.42' 497.35' S78'01T04"E 495.61' C59 4'41'29" 1717.42' 140.62' 588'39'35"E 140.58' C60 7'15'32" 20.00' 2.53' N73'35'23"W 2.53' C61 02'36'53" 20.00' 28.80' S61'31'46"W 26.37' C62 02'36'53" 1769.42' 80.75' N87'37'17"W 80.74' L a.k. axion. tU FPJ J A. r A r 812 Northeast corner of 118.126 Acres .4i Zone "X" (Area outsid 6`3.84 e of 0.2 annual chance) B384,� -. nce) 8314sf 5'U,E o w 8314sf 5 0 L 9- L47 5' E.E. 0 RECEIVED •i"1 F''! • City of corpus Christi Development Services L51 a C9 �- 59.00= r 3 0 4P d z _ = -60.00T ' 70.00'= 3 ° 00, ❑ z _ - 0 r .170.00' 70.00-=-60.00T 7'45'08" -52.43- 19.08 2.71' r 15 { 9942sf I L 74.00' o rno to 14 S0 O z 8100sf 60.00' 13 - 9450sf 70.00' 12 9450sf 3 ° 04 Z _ 20'Y.R. 'at 11 ak T Z 8100sf 60.00'_ `�o 10 N Z 9552sf 17.7 52_43 - S88'59'41 "W 386.43 76.02-_ 9 - 76.02 -� 5'U.E. 8 N 0 z 0 9857sf 70.01' 6103sf 0 4 6250sf 0 5 9857sf 70.01' 9857sf 5'U.E. (Doc. No. 7 - OP.RNCT) I' J V FELLA 11;11118A ION aMPANY Mil.MI AY AE V rilAtI MY, tondos '01,1I94c°ne C2 9857sf 70.07 ' G./ 4., irs 1 5 8011sf•� 5'U.E. • 92.30' 5700sf 50.00' 6250sf O 6 CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C63 7'45'08" 20.00' 2.71' 566'06'01"E 2.70' C64 82'30'09" 20.00' 28.80' N20'58'23"W 26.37' C65 82'49'09" 20.00' 28.91' N61'41'17"E 26.46' C66 7'10'51" 20.00' 2.51' S73'18'43"E 2.50' C67 7'10'51" 20.00' 2.51' S66'07'53"E 2.50' C68 82'49'09" 20.00' 28.91' 521'07'53"E 26.46' Plat of London Towne Subdivision Unit 1 being a 22.91 Acre Tract, comprising of a 17.05 Acre Tract and a 5.86 Acre Tract of which the said 17.05 Acre Tract is situated in the Cuadrilla Irrigation Co. Survey No. 139, Abstract 577 and the I.&G.N.R.R. Co. Survey No. 140, Abstract 612, as shown on the map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas and being a portion of Tract II, described as a 118.126 Acre Tract in a Correction Warranty Deed from Sheilah London to Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy, recorded in Document No. 2015011169, Official Public Records of Nueces County, Texas; said 5.86 Acre Tract, being situated in Section D, as shown on the said map of Laureles Farm Tracts and being a portion of a called 21.76 Acre Tract of Land described in a Warranty Deed with Vendor's Lien from Joseph John Meaney, as Trustee of the Claire Elizabeth Haynes Trust, the Isabelle Marie Haynes Trust, and the Emily P. Haynes Trust, by and through his Attorney -in -Fact, David Walsh; and Elizabeth Anne Meaney, Trustee of the Lucy A. Haynes Trust, to Braselton Development Company, Ltd., a Texas limited partnership, recorded in Document No. 2019002524, Official Public Records of Nueces County, Texas. 8.00 Acres out of Section "D" Laureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Doc. No. 2016053230, 0.P.R.N.C.T.) (Owner: Agape Ranch) Preliminary, this document shall .not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. N89'12'59"E 860.95' a_aa a.aa 6250sf 0 7 -50.00' 6250sf 0 8 20'Y.R. 40' Wide Access and Utility asemeFV(Doc. No. 2018043071, 0.P.R.N.C.T.) 6250sf 0 6250sf 10 6250sf 11 5 5a.00' = 5a.00 -50,ao- _3669..37, 0.2 .0 6042sf 53.00' c 5700sf 50.00' 5 E./ 10'U.E. 6250sf 0 12 0 SI I 00 1. 1529.94' Northeast corner of 21.76 Acres 6250sf 13 6250sf 6250sf 6250sf 16 q 17 389'12'59"W 704.26' 656.53' 5'E.E Thames Chase Drive osa 60420 53.00' 20'Y.R. 6 50.00' 7 6042sf 53.00' 5700sf 50.00' 50.00' 10 6042sf 53.00' 11 5700sf 50.00' 0 12 53.00' 0.00 13 5700sf 50.00' 5'U.E. (Doc. No. 0 P R N C T) w /v 2 11645sf O Detail "A" Detail "C" Detail "D" 0 J Southwest corner o PLP,NNNG, COM Portion of 173.21 Acre Tract out of Section "D" Lcureles Farm Tracts Records of Nueces County, Texas (Owner: Mary Cecile Meaney) (Doc. No. 2016050730, 0.P.R.N.C.T.) S89'12'59"W 707.30' Remainder of 21.76 Acres out of Section "D" Laureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Owner: Broselton DeveIopment Company, Ltd.) (Doc. No. 2019002524, 0.P.R.N.C.T.) URBAN ENGINEERING IS1PE FIRM NO. 145, -MKS FIRM F10. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 381.854.3101 WWW.URSANENG.COM 7,1 1- CC Lil r1; 46' Wide Temp. 3.1 Revised: 5/3/19 Revised: 4/10./19 Submitted: 2/6/19 JOB NO.: 42900.89.02 SHEET: 2 of 2 DRAWN BY: XG 0 2019 by Urban Engineering APPLICATION FOR WATER LINE REIMBURSEMENT We, Braselton Custom Homes LTD, a Texas Partnership, 5337 Yorktown Boulevard, Corpus Christi Texas, 78413, developers of proposed London Towne Unit 1, hereby request reimbursement of $1,485,130.25, for t - .tallation of the water arterial grid main line, as provided for by City Ordinance No. 1 . .1,502,056.. -Pr he construction cost, including 8% Engineering, 4% Surveying, Te n• and Staki .. a.. 10% Contingency as shown by the cost supporting documents a a ed herewa,. - By: Bart .raselton, Vice President THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on0 -ett , 2019, by Bart Braselton, Vice President, Braselton Custom Homes LTD, a Texas Partnership, on behalf of said corporation. SUZANNE HONEA Notary 10 # 130560604 ^�I My Commission Expires II February 29, 2020 CERTIFICATION ublic in and fo he ate of Texas 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 Date Contracts Administrator Exhibit 2 APPLICATION FOR WATER LINE CREDIT We, Braselton Custom Homes, LTD, 5337 Yorktown Boulevard, Corpus Christi, TX 78413, owners and developers of proposed London Towne Unit 1, hereby apply for $16,926.00 credit towards the water system lot fee for the installation of the water arterial transmission and grid main as provided for by City Ordinance No. 17092. $1,502,056.25 is stimated •nstruction cost as shown by the cost supporting documents a By. Title: Date: 10' THE STATE OF TEXAS § COUNTY OF NUECES § ICI hei This Instrument was acknowledged before me on -/, 2019, by SUZANNE HONEA Notary ID # 130560604 My Commission Expires February 29, 2020 Bart Braselton, Vice President, Braselton Custom Homes, LTD, a Texa Corporation, on behalf of the said corporation. Note Iic in and fort a St=te of Texas N) S:\Projects\42000up\42900\B901\dwg\042900B901—CVR.dwg modified by ScottE on 8/15/2019 1: Exhibit 3 PUBLIC IMPROVEMENT CONSTRUCTION PLANS FOR 16" WATER GRID MAIN LONDON AREA MASTER PLAN WATER INFRASTRUCTURE CORPUS CHRISTI, TEXAS DEVELOPER: BRASELTO\ DEVELOPVE\T CO. LTD. 5337 YORKTOW\, STE. 10-D CORDS CHR ST1, TEXAS 78413 (361)991-'1710 ENGINEER: JRBA\ E\G \EER \G 2725 SWA\ T\ ER STREET CORDS CHR ST1, TEXAS 78404 (361)85/1-3101 CALL BEFORE YOU DIG! LONE STAR OW. Know what's below. CaII before you dig. PARTICIPANTS REQUEST 48 HOURS NOTICE BEFORE YOU DIG, DRILL, OR BLAST - STOP AND CALL 811 THE LONE STAR NO TI FI CA TION COMPANY AT 1-800-669-8344 CURRENT CITY OF CORPUS CHRISTI CONTACT NOTIFICATION NOTE: CONTRACTOR TO CONTACT THE FOLLOWING 72 HOURS PRIOR TO ACTUAL START OF CONSTRUCTION: UTILITY REPRESENTATIVES: 1. WATER REPRESENTATIVE 826-1888 2. WASTEWATER REPRESENTATIVE 826-1818 3. GAS REPRESENTATIVE 885-6900 4. CITY TRAFFIC SIGNAL & FIBER OPTIC 826-1610 5. STREET SUPERINTENDENT 826-1875 6. STORMWATER SUPERINTENDENT 826-1875 AFTER HOURS CALL 826-2489 7. LONE STAR 811 1-800-669-8344 43 OSO CREEK i / 44, CAE CORPUS CHRISTI CITY LIMITS 1 OSO LOCATION MAP N.T.S. 2;: 6) 43 CABANISS NAVAL AUXILIARY LANDING FIELD NOTE: 1. THE CONTRACTOR IS RESPONSIBLE FOR NOTIFYING THE CITY OF CORPUS CHRISTI CONSTRUCTION INSPECTION DEPARTMENT (826-1738) AT LEAST THREE WORKING DAYS IN ADVANCE OF BEGINNING ANY WORK ON PUBLIC IMPROVEMENTS. PUBLIC IMPROVEMENTS INCLUDE WATER, SANITARY SEWER, STORM SEWER AND STREET OR DRIVEWAY WORK ON OR TYING INTO PUBLIC FACILITIES. 2. ALL CONSTRUCTION FOR PUBLIC IMPROVEMENTS SHALL COMPLY WITH THE CITY OF CORPUS CHRISTI ORDINANCES AND REGULATIONS. INDEX: 1. COVER SHEET 2. LEGEND AND GENERAL NOTES 3. PLAN AND PROFILE - STA: 1 +00.00 TO STA: 6+20.00 4. PLAN AND PROFILE - STA: 6+20.00 TO STA: 11+60.00 5. PLAN AND PROFILE - STA: 11+60.00 TO STA: 17+00.00 6. PLAN AND PROFILE - STA: 17+00.00 TO STA: 22+40.00 7. PLAN AND PROFILE - STA: 22+40.00 TO STA: 27+80.00 8. PLAN AND PROFILE - STA: 27+80.00 TO STA: 33+20.00 9. PLAN AND PROFILE - STA: 33+20.00 TO STA: 38+80.00 10. PLAN AND PROFILE - STA: 38+80.00 TO STA: 44+20.00 11. PLAN AND PROFILE - STA: 44+20.00 TO STA: 46+80.00 12. STORM WATER POLLUTION PREVENTION PLAN THE FOLLOWING STANDARD SHEETS SPECIFICALLY IDENTIFIED BELOW HAVE BEEN SELECTED BY ME OR UNDER MY RESPONSIBLE SUPERVISION AS BEING APPLICABLE TO THIS PROJECT. -{ C , P.E. 08/15/2019 CITY STANDARDS INDEX: CITY OF C.C. STANDARD WATER DETAILS (1 OF 4) CITY OF C.C. STANDARD WATER DETAILS (2 OF 4) CITY OF C.C. STANDARD WATER DETAILS (3 OF 4) CITY OF C.C. STANDARD WATER DETAILS (4 OF 4) CITY OF C.C. STORM WATER POLLUTION PREVENTION PLAN NOTES (1 OF 3) CITY OF C.C. STORM WATER ENVIRONMENTAL PERMITS ISSUED AND COMMENTS (2 OF 3) CITY OF C.C. STORM WATER POLLUTION PREVENTION STANDARD DETAILS (3 OF 3) dab,eTF %% • %* . MICHAEL C. YORK j • o: 124938 4. THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (08/15/2019) ENGINEER: MICHAEL C. YORK, P.E. TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM JOB NO. 042900.69.01 DATE: AUGUST 2019 02019 by Urban Engineering SHEET 1 OF 12 \ Projects \42000up\42900\9901\dwg\042900B901—NOTES.dwg modified by ScottE on 8/15/2019 3:27:43 PM 1. PRELIMINARY MATTERS 1. THE INSTRUCTIONS GIVEN BY THE NOTES ON THIS SHEET DO NOT CONSTITUTE SEPARATE PAY ITEMS UNLESS SPECIFICALLY INCLUDED IN THE PROPOSAL FORM. 2. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE TECHNICAL SPECIFICATIONS LISTED IN THE CONTRACT DOCUMENTS AND THE STANDARD DETAILS INCLUDED OR REFERENCED IN THE PLANS. 3. ANY CHANGES OR REVISIONS TO THESE PLANS MUST BE SUBMITTED TO THE ENGINEER FOR REVIEW AND APPROVAL PRIOR TO CONSTRUCTION. 4. THE OWNER/ENGINEER RESERVE THE RIGHT TO MAKE REASONABLE ADJUSTMENTS IN LINE AND/OR GRADE IN ORDER TO AVOID CONFLICTS WITH NON-RELOCATABLE STRUCTURES OR OTHER UTILITIES. THE CONTRACTOR AGREES TO MAKE SUCH REASONABLE ADJUSTMENTS AT NO COST TO OWNER OR ENGINEER. 5. EXISTING PAVING, BUILDINGS, AND OTHER ITEMS SHOWN ON PLANS BUT NOT SPECIFICALLY RELATED TO THE WORK OF THE CONTRACTOR ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY BE SHOWN TO A LESSER ACCURACY OR TO A LESSER DEGREE OF DETAIL THAN THE REMAINDER OF THE PLANS. 2. DEMOLITION 1. ALL CONSTRUCTION SHALL CONFORM TO STANDARD BUILDING CODE AND CITY ORDINANCES FOR DEMOLITION OF STRUCTURES, SAFETY OF ADJACENT STRUCTURES, DUST CONTROL AND DISPOSAL AS WELL AS ALL FEDERAL, STATE, AND LOCAL HAULING AND DISPOSAL REGULATIONS. CONTRACTOR SHALL OBTAIN REQUIRED PERMITS FROM AUTHORITIES AND NOTIFY AFFECTED UTILITY COMPANIES BEFORE STARTING WORK AND COMPLY WITH THEIR REQUIREMENTS. 2. THE CONTRACTOR SHALL COMPLETELY REMOVE EXISTING STRUCTURES WHICH ARE TO BE ABANDONED TO A DEPTH OF 36 INCHES BELOW FINISHED GRADE. STRUCTURES FALLING WITHIN A BUILDING PAD EXCAVATION SHALL BE REMOVED. ANY REMAINING CAVITY SHALL BE COMPLETELY FILLED WITH LIMESTONE OR SELECT FILL MATERIAL. 3. ALL LINES, PIPE SAND UTILITIES LESS THAN 12 INCHES IN DIAMETER MAY BE ABANDONED IN PLACE PROVIDED THEY ARE AT LEAST 24 INCHES BELOW EXISTING OR PROPOSED GRADE IN SITEWORK PARKING AREAS. ALL PIPES, UTILITIES, ETC., ABANDONED IN PLACE SHALL BE GROUT FILLED AND PLUGGED OR CAPPED PER CITY CODE AND THE CITY OR APPROPRIATE UTILITY COMPANY NOTIFIED TO INSURE THAT THE SERVICE IS TERMINATED. 4. THE CONTRACTOR SHALL COMPLETELY REMOVE AND HAUL OFF EXISTING CONCRETE OR FOUNDATION PIERS THAT MAY BE UNCOVERED IN THE AREA AND FILL EXCAVATIONS OR PER NOTE 2 ABOVE. 5. BURIAL OF DEBRIS SHALL NOT BE ALLOWED. THE CONTRACTOR SHALL HAUL OFF AND DISPOSE OF ALL DEMOLISHED ITEMS AND DISPOSE OF IN A LEGAL MANNER. 3. SIDEWALKS AND DRIVEWAYS PUBLIC AND PRIVATE 1. DRIVEWAY TYPE SHALL BE AS SHOWN ON THE APPROPRIATE CITY DETAILS AS APPLICABLE. CONTRACTOR IS RESPONSIBLE FOR VERIFYING CURRENT CITY REGULATIONS GOVERNING DRIVEWAY TYPE. 2. ALL STREET DIMENSIONS SHOWN ON PLANS ARE TO BACK OF CURB, UNLESS NOTED OTHERWISE. 3. WHERE EXISTING ASPHALT AND CONCRETE ARE TO BE CUT, THESE CUTS SHALL BE VERTICAL AND MADE WITH A SAW. 4. CARE SHALL BE TAKEN TO PROTECT CURB & GUTTER AND OTHER CONCRETE SURFACES FROM ASPHALT SPLATTER DURING PRIMING AND SEALING OPERATIONS. 5. HMAC PAVING TRANSITIONS TO EXISTING PAVEMENTS SHALL BE TRANSITIONED OVER 10' TO PRODUCE A SMOOTH RIDE AND SHALL BE CHECKED WITH A 10' STRAIGHT EDGE PRIOR TO COMPLETION. LONGITUDINAL HMAC PAVING JOINT LOCATIONS SHALL BE APPROVED BY THE ENGINEER. 6. CONCRETE PLACEMENT SHALL STOP AT EXPANSION JOINTS IN SIDEWALKS OR AS OTHERWISE DIRECTED BY THE ENGINEER. 7. WHERE PROPOSED CONCRETE TIES INTO EXISTING CONCRETE, CONTRACTOR SHALL PLACE AN EXPANSION JOINT AS SHOWN IN THE PAVING DETAILS. 8. CURB FOR CURB RAMPS SHALL NOT BE PAID FOR DIRECTLY BUT CONSIDERED SUBSIDIARY TO CURB RAMP. 9. THE AREA BETWEEN THE SIDEWALK AND CURB & GUTTER SHALL BE GRADED WITH TOP SOIL THAT IS FREE OF DEBRIS, BASE, ASPHALT, AND CONCRETE AS DIRECTED BY THE ENGINEER. 4. CURB AND GUTTER 1. THE AREA BEHIND THE SIDEWALK SHALL BE GRADED WITH TOP SOIL THAT IS FREE OF DEBRIS, BASE, ASPHALT, AND CONCRETE. 2. WHEN MATCHING NEW 6" CURB & GUTTER TO EXISTING 4", THE GUTTER SLOPE SHALL BE MAINTAINED AND THE 2" TRANSITION SHALL BE IN THE CURB SECTION, AS NECESSARY TO PREVENT PONDING WATER. TRANSITION LENGTH SHALL BE 10' MINIMUM. 3. AN ASPHALT IMPREGNATED FIBERBOARD EXPANSION JOINT WITH 2-#4 DOWELS x 18" LONG SHALL BE USED WHERE NEW CURB MATCHES EXISTING. 5. ALL UTILITIES PUBLIC AND PRIVATE 1. ELEVATION ADJUSTMENTS FOR NEW MANHOLES AND VALVES SHALL BE CONSIDERED SUBSIDIARY UNLESS NOTED OTHERWISE. 2. ALL NEW AND EXISTING VALVES AND MANHOLES SHALL BE EXTENDED TO FINISH GRADE. THIS ACTIVITY WILL BE CONSIDERED SUBSIDIARY UNLESS NOTED OTHERWISE. 3. THE CONTRACTOR SHALL TAKE PRECAUTIONS TO PROTECT EXISTING UTILITIES. ALL PIPES AND UTILITIES DAMAGED BY THE CONTRACTOR SHALL BE REPAIRED WITH NO SEPARATE PAYMENT. 4. ALL OPEN EXCAVATION SHALL BE ENCLOSED WITH ORANGE SAFETY FENCE AND BARRELS. 5. ALL MATERIAL AND LABOR FOR THE ADJUSTMENT TO FINISH GRADE OF ALL NEW MANHOLES AND VALVE BOXES SHALL BE FURNISHED BY THE CONTRACTOR AND NO SEPARATE PAYMENT WILL BE MADE FOR THIS WORK. 6. UNLESS SHOWN OTHERWISE IN THE PLANS OR SPECIFICATIONS, DEWATERING OF UTILITY LINE AND STORM SEWER WILL NOT BE PAID FOR DIRECTLY BUT CONSIDERED SUBSIDIARY TO THE ITEMS IT MAY BE ASSOCIATED WITH. 7. ALL ASBESTOS -CEMENT PIPE DESIGNATED FOR REMOVAL SHALL BE DISPOSED OF IN STRICT ACCORDANCE WITH LOCAL, STATE & FEDERAL REGULATIONS. DISPOSAL OF AC PIPE WILL NOT BE PAID DIRECTLY BUT SHALL BE CONSIDERED SUBSIDIARY TO UTILITY OR DEMOLITION IMPROVEMENTS. 8. UTILITY LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND WERE OBTAINED FROM EXISTING RECORDS AND VISIBLE EVIDENCE ON THE GROUND. IT IS EXPECTED THAT THERE MAY BE SOME DISCREPANCIES AND OMISSIONS IN THE LOCATIONS AND QUANTITIES OF EXISTING UTILITIES AND STRUCTURES SHOWN. THE CONTRACTOR SHALL VERIFY THE DEPTH AND LOCATION OF ALL KNOWN EXISTING UTILITIES SUFFICIENTLY INADVANCE OF CONSTRUCTION SO THAT CONFLICTS CAN BE AVOIDED. WHEN AN EXISTING UTILITY OR UNDERGROUND PIPELINE IS ENCOUNTERED, THAT WAS PREVIOUSLY NOT LOCATED OR INCORRECTLY LOCATED, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER AND THE APPROPRIATE UTILITY COMPANY TO OBTAIN PROCEDURAL INSTRUCTIONS. THE CONTRACTOR SHALL COOPERATE WITH THE APPROPRIATE UTILITY COMPANY IN MAINTAINING ACTIVE SERVICES IN OPERATION. 9. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING AND REPAIRING ANY UTILITIES DAMAGED AS A RESULT OF OPERATIONS. 10. ALL PIPELINE VALVES SHALL BE ACCESSIBLE AT ALL TIMES. 11. PAVEMENT REPAIR SHALL BE PAID FOR ONLY IF THE REPAIR OCCURS OUTSIDE THE LIMITS OF PROPOSED STREET EXCAVATION. TRENCH RESTORATION, ALONG EXISTING PAVEMENTS THAT ARE SCHEDULED FOR SUBSEQUENT STREET EXCAVATION, SHALL INCLUDE REPLACEMENT OF BASE WITH LOW P.I. MATERIAL THAT IS CONDUCTIVE FOR SALVAGE. 12. WHERE UTILITY AND/OR STORM SEWER WORK IS PERFORMED UNDER AREAS OF THE EXISTING ROADWAY OR TEMPORARY DETOURS THAT ARE REQUIRED TO CARRY TRAFFIC PRIOR TO COMPLETION OF THE STREET IMPROVEMENTS, THE CONTRACTOR SHALL APPLY SURFACE TREATMENT ON TOP OF THE BASE OR BACKFILL MATERIAL UNTIL SUCH TIME THAT THE PROPOSED PAVEMENT SECTION IS CONSTRUCTED. THESE TEMPORARY PAVEMENTS (INCLUDING BACKFILL, BASE MATERIAL AND SURFACE TREATMENT) WILL NOT BE PAID FOR DIRECTLY BUT SHALL BE SUBSIDIARY TO THE BID ITEM TRAFFIC CONTROL. 6. STORM SEWER PUBLIC AND PRIVATE 1. ALL CURB INLETS SHALL HAVE A 5' THROAT, UNLESS NOTED OTHERWISE. 2. ALL STORM SEWER PIPE SHALL BE CLASS III REINFORCED CONCRETE PIPE WITH TYPE B WALL AND TONGUE -AND -GROOVE JOINTS PER ASTM C-76 OR CORRUGATED HDPE DUAL WALL PIPE MANUFACTURED IN ACCORDANCE WITH ASTM F2306 AND WITH GASKETED WATER TIGHT JOINTS MEETING ASTM D3212 UNLESS NOTED OTHERWISE ON THE DRAWINGS. CLASS IV REINFORCED CONCRETE PIPE SHALL BE USED WHERE TOP OF PIPE EXTENDS INTO SUBGRADE OR BASE COURSE. 3. PRE -CAST INLETS, SHALL HAVE CAST -IN-PLACE THROAT AND TOP. 4. A PIPE COLLAR SHALL BE USED WHERE PROPOSED STORM SEWER IS TO BE CONNECTED TO EXISTING STORM SEWER. PIPE COLLARS SHALL NOT BE PAID FOR SEPARATELY BUT CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. PIPE COLLARS SHALL NOT BE REQUIRED AT TONGUE AND GROOVE CONNECTIONS. 5. ALL CONCRETE PIPE AND BOX JOINTS SHALL REQUIRE PREFORMED PLASTIC SEALING COMPOUND AND JOINT WRAP. 7. SANITARY SEWERS PUBLIC AND PRIVATE LINES 1. PVC PIPE AND FITTINGS FOR SEWER LINES SHALL BE IN ACCORDANCE WITH ASTM D-3034. PIPE SHALL HAVE AN SDR OF 26. PIPE AND FITTINGS SHALL HAVE PUSH -ON COMPRESSION GASKET JOINTS IN ACCORDANCE WITH ASTM 0-3212. 2. ABANDONED SERVICES SHALL BE REMOVED TO A DEPTH OF 2' BELOW PROPOSED SUBGRADE ELEVATION AND CAPPED WITH GROUT. 3. NEITHER BLUE PVC PIPE NOR DUCTILE IRON PIPE SHALL BE USED FOR SANITARY SEWERS. 4. ABANDONED SANITARY MAINS SHALL BE FILLED WITH FLOWABLE GROUT MATERIAL. (SEE MIXTURE NOTE ON THIS SHEET). THE UPPER 5 FEET OF ABANDONED MANHOLES AND ABANDONED CLEAN -OUTS SHALL BE REMOVED AND THE EXCAVATIONS SHALL BE BACK FILLED WITH SELECT MATERIAL COMPACTED TO NATURAL GROUND DENSITY OR A MINIMUM OF 95% STD PROCTOR. 5. EXISTING FIBERGLASS SANITARY MANHOLES SHALL BE ADJUSTED TO FINISH GRADE. 6. ALL SANITARY MANHOLES INSTALLED ON THIS PROJECT SHALL BE FIBERGLASS. THE MANHOLE MANUFACTURER SHALL PROVIDE CERTIFICATION AND DESIGN CALCULATIONS TO THE CITY SHOWING THAT THE MANHOLES ARE DESIGNED FOR TRAFFIC LOADING (H20 DESIGN VEHICLE) AND THE APPLICABLE SOIL AND HYDROSTATIC PRESSURE LOADING CONDITIONS. MINIMUM WALL THICKNESS SHALL BE 0.50 INCH. IF REQUIRED BY THE MANUFACTURERS DESIGN, HORIZONTAL RIBS AND/OR VERTICAL STIFFENERS MAY BE UTILIZED TO ACHIEVE REQUIRED DESIGN CHARACTERISTICS. PUBLIC LINES 7. WHERE NEW SANITARY SEWERS ARE TO BE PLACED ADJACENT TO AN EXISTING WATERLINE AT A LATERAL CLEARANCE OF LESS THAN 9 FEET, THAT SECTION OF SEWER SHALL BE PRESSURE RATED PVC, AWWA C900-DR25 NON -BLUE COLORED. THIS ACTIVITY SHALL NOT BE PAID FOR SEPARATELY BUT SHALL BE CONSIDERED SUBSIDIARY TO THE PROPOSED SANITARY SEWER ACTIVITIES. 8. CLEANING OR PURGING OF EXISTING SANITARY SEWER LINES REQUIRED FOR CONNECTING INTO NEW SANITARY SEWER SYSTEM SHALL BE THE CONTRACTORS RESPONSIBILITY. 9. CONTRACTOR SHALL PROVIDE FOR TEMPORARY BY-PASS OF SEWERAGE INTO DOWNSTREAM MANHOLE WHEN REPLACING EXISTING SANITARY SEWER MAINS WITH NEW PVC WASTEWATER PIPE AND/OR WHEN REHABILITATING EXISTING MANHOLES. NO ADDITIONAL PAYMENT WILL BE MADE TO THE CONTRACTOR FOR THIS SUBSIDIARY WORK. 8. WATER LINES PUBLIC AND PRIVATE LINES 1. PVC PIPE AND FITTINGS FOR WATER LINES SHALL BE A.W.W.A. 0900-16 (DR18) 235 PSI. PVC PIPE FOR WATER LINES TO BE CHARGED BY THE FIRE DEPARTMENT SHALL BE A.W.W.A. 0900-16 (DR14) 305 PSI. 2. "FH ASSEMBLY" SHALL ENCOMPASS ALL PIPE, FITTINGS, AND STRUCTURES NECESSARY TO COMPLETE THE FIRE HYDRANT INCLUDING THE TEE ON THE MAIN LINE, AND THE VALVE ON THE LEAD LINE. FIRE HYDRANTS WILL BE LOCKED ONTO VALVE BY USE OF RETAINER GLANDS ON DUCTILE IRON PIPE. 3. WATER METERS SHALL BE ACCESSIBLE DURING CONSTRUCTION. 4. THE CONTRACTOR SHALL COORDINATE WITH CITY WATER DEPARTMENT PERSONNEL TO DETERMINE TIME FOR WATER CONNECTION TIE-INS. 5. VALVE BOXES TO REMAIN IN SERVICE SHALL BE ADJUSTED TO FINISH GRADE. 6. ALL EXISTING WATERLINES TO BE ABANDONED MUST BE DETACHED A MINIMUM OF 10 FEET FROM THE CONNECTION AND SHALL BE CAPPED. PUBLIC LINES 7. ABANDONED WATER FITTINGS, VALVES, FIRE HYDRANTS, ETC. SHALL BE RECOVERED AND STOCKPILED AT A SECURE LOCATION BY THE CONTRACTOR FOR SALVAGE BY THE CITY. HOWEVER, ALL RELATED ITEMS THAT ARE UNWANTED BY THE CITY SHALL BECOME THE PROPERTY OF THE CONTRACTOR. 8. IF A COLLECTION SYSTEM PIPE CROSSES A PUBLIC WATER SUPPLY PIPE THE PIPES SHALL BE CONSTRUCTED PER THE REQUIREMENTS SET FORTH BY TCEQ TAC CHAPTER 290. 9. WATERLINES SHALL BE PLACED TO DEPTH AS PER CITY'S WATERLINE MINIMUM COVER REQUIREMENTS. HOWEVER, DUE TO CONFLICTS, IT MAY BE NECESSARY TO PLACE THE LINE DEEPER AT THESE LOCATIONS. IT IS NOT INTENDED THAT THE LINES BE PLACED AT THESE DEPTHS FOR LONG DISTANCES. THESE DEPTHS ARE TYPICALLY TO BE ATTAINED BY VERTICAL OFFSETS WITH BENDS AND EXTEND SHORT DISTANCE. THIS SHALL BE COORDINATED WITH THE CITY WATER DEPARTMENT. 10. PIPE BETWEEN FITTINGS AT VERTICAL AND HORIZONTAL CHANGES IN ALIGNMENT SHALL BE DUCTILE IRON PIPE WITH RESTRAINT DEVICES. 11. CONNECTIONS TO THE EXISTING WATERLINE WILL BE PAID FOR AS PER BID ITEM. 9. MISCELLANEOUS 1. CONCRETE SHALL BE SAW CUT WHERE AN EXISTING CONCRETE STRUCTURE IS TO BE PARTIALLY REMOVED. 2. TREE TRIMMING SHALL BE DONE IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICE. TREES, TREE STUMPS AND BRUSH WITHIN THAT CONFLICT WITH THE PROPOSED IMPROVEMENTS SHALL BE REMOVED AND HAULED AWAY. 3. PRIMING AND HOT -MIX PLACING OPERATIONS SHALL NOT BE CONDUCTED ON DAYS FOR WHICH AN OZONE ADVISORY HAS BEEN ISSUED, EXCEPT FOR REPAIRS. 4. REMOVAL OF EXISTING FENCE, IN AREAS TO RECEIVE NEW FENCE, WILL NOT BE PAID FOR DIRECTLY BUT CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS, UNLESS OTHERWISE INDICATED. THE CONTRACTOR SHALL PROVIDE A TEMPORARY FENCE FROM THE TIME AN EXISTING FENCE IS REMOVED TO THE TIME THE PROPOSED FENCE IS REPLACED. THIS WORK WILL NOT BE PAID FOR DIRECTLY BUT CONSIDERED SUBSIDIARY TO THE VARIOUS BID ITEMS. 5. ALL WORK SHALL BE PERFORMED DURING DAYLIGHT HOURS. 6. ALL TRASH SHALL BE PICKED -UP AND REMOVED AT THE END OF EACH DAY. 7. CONTRACTOR SHALL VERIFY ALL SURFACE CONDITIONS OF THE SITE PRIOR TO PREPARING AND SUBMITTING ITS BID. 8. WHERE THE WORD "PROPOSED" OR PROP." IS UTILIZED IN THIS SET OF DOCUMENTS, IT SHALL MEAN "NEW CONSTRUCTION TO BE PERFORMED AS PART OF THIS CONTRACT." 10. TRAFFIC 1. IF CONTRACTOR DISTURBS TRAFFIC BY OCCUPYING TRAFFIC LANES WITH CONSTRUCTION EQUIPMENT OR DELIVERY VEHICLES CONTRACTOR IS RESPONSIBLE FOR ACQUIRING APPROVAL OF A TRAFFIC CONTROL PLAN PERMIT FROM THE CITY TRAFFIC ENGINEER AND IT MUST BE IN CONFORMANCE WITH CURRENT "TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (TMUTCD). THIS INCLUDES THE CONSTRUCTION OF DRIVEWAYS AND CURB & GUTTER IN PUBLIC RIGHT OF WAYS. 2. ALL WEATHER VEHICULAR ACCESS TO LOCAL RESIDENTS SHALL BE MAINTAINED THROUGHOUT CONSTRUCTION. 3. THE CONTRACTOR SHALL MAINTAIN AND PROVIDE SUITABLE TEMPORARY DRAINAGE UNTIL SUCH TIME AS PERMANENT DRAINAGE STRUCTURES ARE COMPLETED. THE EXPENSE FOR PROVIDING SAID SUITABLE TEMPORARY DRAINAGE, INCLUDING CONSTRUCTION OF TEMPORARY SWALES, INSTALLATION AND REMOVAL OF TEMPORARY PIPES AND OTHER ASSOCIATED WORK WILL NOT TO BE PAID FOR SEPARATELY BUT SHALL BE SUBSIDIARY. 4. THE CONTRACTOR SHALL COORDINATE WITH THE CITY TRAFFIC ENGINEERING DEPARTMENT REGARDING RELOCATION OR REPLACEMENT OF EXISTING SIGNS (STOP SIGNS, BUS ROUTE SIGNS, ETC.) AS MAY BE REQUIRED. 11. SURVEY 1. SURVEY CONTROL IS BASED OFF OF MONUMENTATION USING NORTH AMERICAN VERTICAL DATUM 88 (NAVD 88) FOR VERTICAL CONTROL, AND NORTH AMERICAN DATUM 83 (NAD 83), TEXAS SOUTH ZONE 4205 FOR HORIZONTAL CONTROL. 2. CONTROL POINTS HAVE BEEN PROVIDED AND REFERENCED IN THE PLANS TO AID IN CONSTRUCTION. CONTROL POINTS ARE BASED ON THE ABOVE STATED DATUM AND SHALL BE VERIFIED BACK TO THE APPROPRIATE MONUMENTATION BY THE CONTRACTOR PRIOR TO BEGINNING CONSTRUCTION. 12. NOTIFICATION REQUIREMENTS 1. AT LEAST 48 HOURS PRIOR TO BEGINNING CONSTRUCTION THE CONTRACTOR IS REQUIRED TO NOTIFY THE LONE STAR NOTIFICATION COMPANY AT 1-800-669-8344. 2. THE CONTRACTOR SHALL GIVE A MINIMUM OF 48 HOURS NOTICE TO THE OWNER. ENGINEER AND PERSONS IN CHARGE OF PRIVATE AND PUBLIC UTILITIES AFFECTED BY HIS OPERATIONS PRIOR TO COMMENCEMENT OF WORK. 3. THE CONTRACTOR SHALL NOTIFY LOCAL EMERGENCY SERVICES (I.E. FIRE, E.M.S. AND POLICE) OF ANY CONSTRUCTION ACTIVITIES THAT WOULD AFFECT THE NORMAL FLOW OF TRAFFIC. 4. THE CONTRACTOR SHALL GIVE A MINIMUM OF 48 HOURS NOTICE TO THE ENGINEER AND AUTHORIZED TESTING LABORATORY PRIOR TO REQUIRED TESTS. 13. CONTRACTOR'S RESPONSIBILITIES 1. THE CONTRACTOR SHALL COORDINATE ALL SERVICE SHUT DOWNS WITH THE APPROPRIATE UTILITY DEPARTMENT CONSTRUCTION OBSERVER AT LEAST 48 HOURS PRIOR TO THE ANTICIPATED UTILITY SERVICE SHUT DOWN. 2. THE CONTRACTOR SHALL COORDINATE WITH ALL AFFECTED PROPERTY OWNERS IN WRITING AT LEAST 24 HOURS PRIOR TO ANY ANTICIPATED UTILITY SERVICE SHUT DOWN. THE CONTRACTOR SHALL PROVIDE THE CITY WITH A COPY OF ALL WRITTEN CORRESPONDENCE. 3. THE CONTRACTOR SHALL COORDINATE INSPECTIONS WITH THE UTILITY DEPARTMENT INSPECTOR 48 HOURS PRIOR TO ALL WORK BEING COVERED. 4. THE CONTRACTOR SHALL ADVISE THE OWNER AND THE ENGINEER IMMEDIATELY, VERBALLY AND IN WRITING, OF ANY FUEL OR TOXIC MATERIAL SPILLS ONTO THE PROJECT/CONSTRUCTION AREA. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DISPOSING OF FUELS, WASTE MATERIALS AND CONTAMINATED EXCAVATIONS IN A LEGALLY APPROVED MANNER. 5. THE CONTRACTOR SHALL COORDINATE INTERRUPTIONS OF ALL UTILITIES AND SERVICES WITH APPLICABLE UTILITY COMPANY, OWNER AND TENANT. ALL WORK SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF THE APPLICABLE UTILITY COMPANY OR AGENCY INVOLVED. 6. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING INGRESS AND EGRESS FOR ALL PUBLIC AND PRIVATE FACILITIES AT ALL TIMES AND FOR ALL WEATHER CONDITIONS. UNLESS OTHERWISE INDICATED ON THE PLANS OR APPROVED BY THE ENGINEER. 7. THE CONTRACTOR SHALL BE REQUIRED TO PROVIDED AND MAINTAIN ALL NECESSARY WARNING AND SAFETY DEVICES (FLASHING LIGHTS, FLAG MEN, BARRICADES, SIGNS, ETC.) TO PROTECT THE PUBLIC SAFETY AND HEALTH UNTIL THE WORK HAS BEEN COMPLETED AND ACCEPTED BY THE ENGINEER AND OWNER. ALL BARRICADING SHALL BE DONE IN COMPLIANCE WITH THE TEXAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. 8. THE CONTRACTOR SHALL MAINTAIN ALL REGULATORY SIGNS DURING THE CONSTRUCTION PERIOD. 9. THE CONTRACTOR SHALL ASSURE HIMSELF THAT ALL CONSTRUCTION PERMITS HAVE BEEN OBTAINED PRIOR TO COMMENCEMENT OF WORK. REQUIRED PERMITS THAT CAN ONLY BE ISSUED TO CONTRACTOR ARE TO BE OBTAINED AT THE CONTRACTOR'S EXPENSE. 10. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING AND MAINTAINING SANITARY FACILITIES ON THIS PROJECT FOR EMPLOYEES. 11. THE CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE FLOW IN ALL DITCHES AND STORM SEWER AT ALL TIMES. 12. THE CONTRACTOR SHALL PLACE AND COMPACT BACKFILL AS PROMPTLY AND PRACTICABLE AS POSSIBLE AFTER COMPLETION AT EACH STRUCTURE OR PORTION OF A STRUCTURE. 13. PRIOR TO THE ACCEPTANCE OF THE PROJECT, ALL GRADED AND DISTURBED AREAS ARE TO BE RESTORED TO ORIGINAL OR BETTER CONDITION IN ACCORDANCE WITH THE SPECIFICATIONS. 14. THE CONTRACTOR IS RESPONSIBLE FOR DISPOSING OF ALL EXCESS CONSTRUCTION AND WASTE MATERIALS. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE LOCAL, STATE AND FEDERAL REQUIREMENTS REGARDING THE HANDLING AND DISPOSAL OF EXCESS AND WASTE MATERIALS. 15. ALL CONSTRUCTION OPERATIONS SHALL BE ACCOMPLISHED IN ACCORDANCE WITH APPLICABLE REGULATIONS OF THE U.S. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. COPIES OF OSHA STANDARDS MAY BE PURCHASED FROM THE U.S. GOVERNMENT PRINTING OFFICE. 16. THE CONTRACTOR SHALL TAKE ALL DUE PRECAUTIONS TO PROTECT EXISTING FACILITIES (INCLUDING ROADWAYS, PARKING AREAS, DRIVEWAYS, STRUCTURES, UTILITIES, ETC.) FROM DAMAGE. ANY DAMAGE TO EXISTING FACILITIES INCURRED AS A RESULT OF THE CONSTRUCTION OPERATIONS ARE TO BE REPAIRED IMMEDIATELY BY THE CONTRACTOR TO A CONDITION SIMILAR OR EQUAL TO THAT EXISTING BEFORE THE DAMAGE WAS DONE. REPAIRS SHALL BE MADE TO THE SATISFACTION OF THE FACILITY OWNER AND THE ENGINEER AT THE CONTRACTOR'S EXPENSE. 17. THE CONTRACTOR SHALL LOCATE, PROTECT AND MAINTAIN BENCHMARKS, MONUMENTS AND CONTROL POINTS. THE CONTRACTOR SHALL RE-ESTABLISH DISTURBED OR DESTROYED ITEMS AT HIS EXPENSE. THE RE-ESTABLISHMENT SHALL BE PERFORMED UNDER THE DIRECTION OF A TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR. 18. EXISTING ELECTRICAL LINES ARE LOCATED CLOSE TO THE PROJECT. THE ATTENTION OF THE CONTRACTOR IS DIRECTED TO THE STATE LAW (VERNON'S ANNOTATED TEXAS STATUTES, ARTICLE 1436(C)) CONCERNING OPERATIONS IN THE VICINITY OF ELECTRICAL LINES AND THE NEED FOR EFFECTIVE PRECAUTIONARY MEASURES. 19. WHERE WATER LINES AND SEWER LINES ARE INSTALLED WITH A SEPARATION DISTANCE CLOSER THAN NINE FEET (I.E., WATER LINES CROSSING WASTEWATER LINES, WATER LINES PARALLELING WASTEWATER LINES OR WATER LINES NEXT TO MANHOLE(S), THE INSTALLATION WILL MEET THE REQUIREMENTS OF 30 TAC 317.13, APPENDIX E (DESIGN OF SEWERAGE SYSTEMS) AND 30 TAC 290.44(e) (WATER HYGIENE). 20. WATER NECESSARY FOR CONSTRUCTION SHALL BE PROVIDED AND PAID FOR BY THE CONTRACTOR. THE CONTRACTOR SHALL ARRANGE FOR A METERED CONNECTION(S) AND SHALL PROVIDE THE PROPER EQUIPMENT TO PREVENT CROSS -CONNECTION. LEGEND w PROPOSED SYMBOLS HMAC TP TC GUT TW GB U.E. T.C.E. FL MH RCP HDPE PVC D.I./DIP J.B. S.I. G.I. A.D. EX. PROP. HG Shg A / At Q / Qt x26.-. ,STP 10.001 0.50% (14.0) 150' HOT MIX ASPHALT CONCRETE TOP OF PAVEMENT TOP OF CURB GUTTER TOP OF WALK GRADE BREAK UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT FLOW LINE MANHOLE REINFORCED CONCRETE PIPE HIGH DENSITY POLYETHYLENE PIPE POLYVINYL CHLORIDE PIPE DUCTILE IRON PIPE JUNCTION BOX SLOT INLET GRATE INLET AREA DRAIN EXISTING PROPOSED HYDRAULIC GRADE HYDRAULIC GRADE SLOPE AREA / TOTAL AREA (AC.) FLOW / TOTAL FLOW (cfs) WATER SERVICE W/ METER WATER LINE DEFLECTION COMBINATION AIR RELEASE / AIR VACUUM VALVE FIRE HYDRANT WATER VALVE EXISTING SPOT ELEVATION PROPOSED SPOT ELEVATION FLOW ARROW W/ SLOPE PROPOSED CONTOUR CURB AND GUTTER CONCRETE SIDEWALK CENTERLINE OF STREET HMAC PAVEMENT CONCRETE PAVEMENT WATER LINE UTILITY EASEMENT (U.E.) DISTANCE THAT WATER PIPE JOINTS MUST BE RESTRAINED ALL WATER PIPE JOINTS MUST BE RESTRAINED IN THIS LOCATION EXISTING SYMBOLS EP PC PI PT GB BL 0 EDGE OF PAVEMENT POINT OF CURVATURE POINT OF INTERSECTION POINT OF TANGENCY GRADE BREAK BUILDING LINE LIGHT POLE POWER POLE GUY WIRE w w FIRE HYDRANT WATER METER WATER VALVE GAS VALVE SANITARY SEWER MANHOLE STORM MANHOLE FIBER OPTIC BOX ELECTRICAL BOX TRAFFIC SIGNAL BOX SIGN POST BOLLARD DIRECTIONAL FLOW ARROW CURB INLET CONCRETE SIDEWALK CURB AND GUTTER SANITARY SEWER LINE WATER LINE G G GAS LINE FORCEMAIN STORM SEWER E E ELECTRICAL ATT TELEPHONE (AT&T) OHL OVERHEAD LINE CENTERLINE OF STREET wv ►t D4 O ❑F ❑E ❑T Q 1O1 ss W STO 4111 4111 // e° d 44 4 d 4 x26.45 27.0 UTILITY EASEMENT (U.E.) RIGHT-OF-WAY EDGE OF PAVEMENT CHAINLINK FENCE WOOD FENCE ASPHALT PAVEMENT CONCRETE PAVEMENT EXISTING SPOT ELEVATION EXISTING CONTOUR FLOWABLE GROUT MATERIAL 'DARAFILL' ADMIXTURE MANUFACTURED BY GRACE CONSTRUCTION PRODUCTS. THE FLOWABLE GROUT SHALL BE SUPPLIED WITH THE FOLLOWING MIXTURE BY AN APPROVED READY -MIX SUPPLIER. THE MANUFACTURER'S REPRESENTATIVE SHALL BE CONSULTED FOR ANY FINAL ADJUSTMENTS TO IMPROVE FOR FLOWABLITY OF THE MIXTURE. 100Ibs/CY PORTLAND CEMENT 2501bs/CY WATER 300Ibs/CY FLY ASH 2100Ibs/CY SAND 6oz/CY DARAFILL 02019 by Urban Engineering 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 'PPROVED BY I 1 0 I o> I of 1 +� 0� o3 W o + �a �, I 1 ^ 1 �, o� o I 83 Q I oC _I __±o o� 83 ro - o o��I 83> Nom +Z CO oo •- Wz o� �o 0 0 o�>� � (0LI>� o� .m (0LLI N 65.76 Acres -k out of Section "D" N T Laureles Farm Tracts \�Vol. 3, Pg. 15, Map \ki \ \ i DESCRIPTION REVISED RESTRAINT JOINT LENGTH Q N I 1 .S. TAPPIN1 STA: I Qct '�' d 1- I (n a ,� c, - NJ 3 1 o Q ~ _ N VERTICAL STA: - +� JH Nw a a c.) z ,_ m v N W +W>W N o / I \ N cn +> 1W v)-< N> Q a � � � IOW X p N Records of Nueces Count Texas N� \� I y' \ > Doc. No. 2016053230, O.P.R.N.C.T. r' I ( \ R.O.W. ?� i (Owner: Elizabeth Anne Meaney) / - - - I / - - - - _ I \ SITE BENCHMARK S H Set 5/8" Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" I 0 10 20 _ _ _- -c�- - \ ---0 _ I vi• (O = z r / / - - - EL=22.93' NAVD88 - - \ I - I N X Ln N r ,-CO = -� / - -_---__ --_`� \ o ry // //-_ -_--__-_-�_-___ GRAPHIC SCALE \P. \ - - - - - _ - / /off / c�/ / - '�-- -� ���� --_ - - - -______.:/______ i- o N � �N I INST�LL CONCRETE THRUST BLOCK _1 1 4 -BOLLARDS SEE DETAIL SHEET 4 OF 4) I / / / ( \ / / V \, _-' w� // / / \ � �� T.G�E. BY M -2-3-.0 - - - - - - - - _ / , / / V / SEPARATE I N - - - , - - -_-- _INSTRUMENT- / - , _ - - - - ,= _ - - - - _ _ _ - - -- _-' ----- - Lu I �� �� 1 / ® 11211 �� --- -- ,+60 - 77- LF 16 C-900 (DR_18) ®0 - 2 - 00 / 2+40 � _ Act L11 -1 2+80 3+20 3+60 ' 4+00 4+40 4-i 80 5+20 \ 5+60 I 6+00 1 6+40 DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 - / \ ^ ---__ 75,, - -=- ± - I ^� - • I \ 3 1 - - - - - - - - _ , / 1 / \ I ---- �® / ® 1 0 I 5 -LF 16" DUCTILE IRON ® 100.00% / I z J W 10 -LF 16" C-900 (DR -18) ® 0.00% / r595 -LF 16". C-900 (DR -18) ® 0.75% \ 595 -LF 16" C-900 (DR -18) ® 0.75% 142'I / 1 \ \ / v0 4. t/ \ I 0 W I 6 3 -LF 24" C-900 (DR -18) ® 0.00% / x n I / I _ Q _ o I w / I 60 -LF 16" C-900 (DR 1 1 5 -LF 24"C-900 1 - (DR -18) ® 0.00% 1 1 Iw I 1 - m , vN \ o -5-LF 16" C-900 (DR -18) ®0.75% 15 U.E. NN v BY SEPARATE \ N� \ N -18) ®0.75% INSTRUMENT \ N Portion of 15.01 Acre / / ' o - ••R 2� w w I z s j MICHAEL C. YORK • • �• •; 124938 ' •., /. 1- •�WAL E�G� THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) 1- Tract out of Cuadrilla Irrigation Company I 1 Survey No. 137 I and I.&G.N.R.R. Co. Survey No. 1440 I t Vol. 3, Pg. 15, Map Records of NOTE: ALL DISTURBED AREAS SHALL BE SEEDED, FERTILIZED AND STABILIZED PER TxDOT ITEMS 164 (URBAN SEED MIX) AND 166. z w i) I < " Z LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS 1 w I Nueces County, Texas Q I I (Owner: Betty Jo Camp) 1 Co I (Doc. No. 2010006571, 0.P.R.N.C.T.) ,r - I w 1 i 1 di 1 y ' al m - 16" WATER GRID MAIN PLAN AND PROFILE STA: 1+00.00 - STA: 6+20.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' er W 1 GRID M) ID PROFILI STA: 1+00.00 48"X24" S.S. TAPPING SLEEVE STA: 1+05.00 24" D.I. GATE VALVE, MJ STA: 1+07.50 24"X16" D.I. REDUCER, MJ STA:• 1-11-17.150 6" D.I. 45' VERTICAL BEND, MJ STA: 1+22.80 16" D.I. 45' VERTICAL BEND, MJ COMBINATION VALVE O HORIZ. DEFLECTION O m> J O M 1 o c0W> J m- cpW + N~WuNN " a 35.00' a- > W35.00' cn N(0ig N6 16" Wi PLAN � = X o c0 to, } = r w p a 10 30.00' 30.00' EXISTING GRADE 25.00' 25.00' rr -��� �f�� G T�•�` i� , v ./ , VV�1 t�� r L( ;Tv / �7iJI iIiA v,.,\- I. �-wv• -. 1r/ �-���,- '- - • . . _ 20.00' ••\ % , i `../."-✓.,,,v�*,. � ,'' brQ/ \ ' ` 20.00' URBAN 1 ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 5' MIN. COVER 595-1:F 1.6" C -q00_01 -18 ® 0.75% 15.00' �] •7� �� © 0.75% 5. r 77 -LF 16" C-904 • -- ; '1' `• EX. 48" -\ D.I. WATER -5-LF 16" DUCTILE IRON ® 100.00% 5 -LF 16" C-900 (DR -18) ® 0.75% 10.00' , . 10.00' ' r' \ J/ 10 -LF 16" C-900 (DR -18) ® 0.00% 5 -LF 24" C-900 3 -LF 24" C-900 (DR -18) ® 0.00% 5.00' (DR -18) ® 0.00% 5.00' EXISTING GRADE - N - c'7 N N - O N -c-3.) co N - O co N - 6) O N - O 00 O CN - O N - O N - ti L[) N - Ln N. N - O 00 N - O 0) N - N 0) N - (D(D 0) N ;"1- N N - co N N - O (0 N N - CO N CN - O O M N - O N M N - O C+•) N - M Cfl C) N - 00 ( D N - O N - N N N EXISTING GRADE BOTTOM OF PIPE b O W - co CO O - O CO c6 - 0 0) c'7 - O 4 - � N 4 - O 4 - Lo Lr) 4 - O r- 4 - Lf) 00 4 - O O Ln - Ln Ln r - O (v) in r - ID in r - o (D in r - Ln r- in r - o 0) in r - O o (.6 r - o N (.6 r - Ln C) O r - O L1•) (9 - Ln (0 (6 - O 00 O - 0) 0) O r - O ti - Ln N BOTTOM OF PIPE SH EET 3 OF 12 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 'PPROVED BY Nl �' N N NN \/ ' \� \ 2 0 '. \ \X2 5__ --5-0-- cow - + \ \2 ��\ CO \_ N— •— — � � \ � — —� R'A'W' � L�, 8m----Laurees - ate ori co N + i -Q 00 � . � 65.76 `acres out of Sec` on "D Farm Tracts ------ ooYa Vol. g 15, Map o� o Records of Nueces Cou y, �ex-as- — _ _ +°° Records (Doc. No. 2016053230, 0.P.R.N.C.T.) -- 255-- oo w — —_(Owner: Elizabeth Anne Meaney) — — — — Q< �. N N T---------2�5 —------- ------------2-6.6--------- _ __ '-------- 1 - - — —2-6 0— — — DESCRIPTION REVISED RESTRAINT JOINT LENGTH \ \ O. —--------- --- N N N 2-0-- -- - ---2-4-:.5_____ �— — ------- 0. N \ \--�t-------- 1 ��_ --------- 2-4-5— -- -- - ------ GRAPHIC SCALE —0 _--___—_— __ _1�20�2�_____ N N ,_____ ________--_----____-----____-__ M < -----� ------ —23.0 ——— ------------------ -----235— _ — — — — — 2�0---- __,________-� — — — — �— 2-------- _— — --- -- — — ___ _ — 1- o rn N - - - ' — — — — — —A —n--�—�— n n n n n n — n — — — — — — — C — — — — — — — — — — — — — — — a — —— — — — _ — -- N 1 NN-- Z —__,2 � --- —_�\ �\ AI- _---T.C-E. BY ---yo- — —2.�-- SEPARATE-- 2-- --- ' ---- — — ,_--� ,— / —��� �___ /z INSTRUMENT —, County Road 33 -- 5— ---._. (\,N —27.0 -- --- DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 1 / / T — — 1 6+00 6+4d6+80 7+20 / 7+6a 8+00 8+40 / 8+80 9+20 9+60 10 00 / 10+40 _ 10+80 11+20 11+60 — 1-r-' 1 + 1 / 1 1/ 1 1— 1 + 1 595 -LF 16" C-900 (DR -18) © 0.75% /i \ / 142'/ 142' 135 -LF 16" C-900 (DR -18) ® 0.75% 460 -LF 16" C-900 (DR -18) 0 0.00% 4: ,,:- x ____ _ _____ , __ __ (ti ,-, „,, A _, 1 e,' --- -- — ___ _ - I- _ , / � 5=LF 16" C-900 (DR -18) ® 0.75% �� SEPARATE�N NI T INSTRUMENT o o - O N N — + LL O ' Z M - W + Z z Portion of 15.01 Acre = w Tract out of Cuadrilla Irrigation Company 1-u) Survey No. 137 ., 2 "---- I I and I.&G.N.R.R. Co. Survey No. 140 Vol. 3, Pg. 15, Map Records of - Nueces County, Texas t (Owner: Betty Jo Camp) .. ill - (Doc. No. 2010006571, O.P.R.N.C.T.) 1 o _ ' 6 N + r LL r Q ' Q L1) U) W ' z = = w ' ULcinj Q 2 1 1 1 .: 4E y<s *•, MICHAEL C. YORK 0 o ; 124938 iQ i THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) z LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS 16" WATER GRID MAIN PLAN AND PROFILE STA: 6+20.00 - STA: 11+60.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' 1 GRID MAI ID PROFILE STA: 8+60.00 16"X6" D.I. TEE, MJ 6" D.I. GATE VALVE FIRE HYDRANT i ASSEMBLY STA: 8+65.00 16" D.I. GATE VALVE, MJ 11 1 1 1 1 I STA: 10+00.00 0_ m W 35.00' a 35.00' 16" Wi PLAN � = EXISTING GRADE 30.00' 30.00' N. ,.. yam- . , ' . - .). .. A,a a...-e..›a›a • Nia .).: -Wn:i. '-C 'x r'X'*" t -."'*f7"`"'"! l - t ' `rvl "YS• T' '(q (C * T):;C 25.00 ,rr,.iAZ ' ' 25.00 Yy"`�,N-. ,A `i .` �+ j 1!1 1 fir/ ` �! --YV VV�lAl`V.Y1�VV1�, �I w� �! �! �!/ �� r1,�• A ,),,g\!`;�!n c' .\ s,-----,.-., a� ; /.Y v 7 5' MIN. COVER LF 16" C 000 18) 0 0.00% 20.00'• 16" C-900 (DR -18) ® 0.75% --(DR 20,00' URBAN � ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 135 -LF ' N "li. N w 595 -LF 16" C-900 (DR -18 ® I. 5 -LF 16" C-900 (DR -18) ® 0.75% 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' 1111Nyir EXISTING GRADE - 00 co 4 N - 00 4 N - O co 4 N b ti 4 N - 00 co 4 N - N 4 N - N Lf) N - Cfl Lfl N - 1 Lf) N - in O Lf') N - o (0 N - co (0 N - M (0 N -6-) <6 N - d� (0 N CO Ln (0 N 75-) (o (0 N - 00 (o N - O � r-- cd (o N - (fl 0o (0 N - ( O f� N - Zo O f� N - O f� N6 - O 6) <O - to 6) (0 N - 6) <O N - O 6) <O N EXISTING GRADE BOTTOM OF PIPE - o N: r - LC - o r - 00 00 r - O O 000.6 r - to r - o CO 00 r - Ln 00 r - O <O 00 r - L() r--. (0 r - o a) 0 p r - to o 6 ) r - o N 6) r - to CO 6) r - o L.0<fl 6) r - LCD 0) r - o CO 0) r - in O 0) r - o O N co N O N - L N O N - Ln N O N - Ln N O N - to N O N - L() N O N - To N o N - to N O N BOTTOM OF PIPE SHEET 4 OF 12 6+20 6+40 6+60 6+80 7+00 7+20 7+40 7+60 7+80 8+00 8+20 8+40 8+60 8+80 9+00 9+20 9+40 9+60 9+80 10+00 10+20 10+40 10+60 10+80 11 +00 11 +20 11 +40 11 +60 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 APPROVED' BY ------- —�----26-0— 1 s) 0_ 0 0. �N ------- 27.0— -- — — ------------ o3 ----------------- 6 — — — — — — ++co —2-6-.-5— R.O.W. _—_— -----------------0z coNX�` --- — — , >_,_o3 .< co , uj wN �+ -aa <w N0U' co 65.76 Acres out of Section "D" Laureles Farm Tracts 00� 0. Vol. 3, Pg. 15, Map 47,c, Records of Nueces County, Texas +> too > (Doc. No. 2016053230, O.P.R.N.C.T.) to (Owner: Elizabeth Anne Meaney) <Z N� _ --- f, z 0 10 20 40 o. N 1 , DESCRIPTION REVISED RESTRAINT JOINT LENGTH --_ _ ---- — —------- — --20_---_�_ ___2�____-- — —_-- —_— _____— _— _—_—-- — _ -- - -------- ce 26�________________ GRAPH -IC SCALE 1"=20' — 2.5 -- --- -- 260- — --26--26p56 -- — — -- Q 0 N cn ---- ------ ---- --- —__ --_____ �.�.E—�Y--- 2--------____ --- — — — 275 --------- / ------------ 2s — — — SEPARATE ------ — �— — __INSTRUMENT County Road 33 22 _ 1 } m ct --27.0 — — — — - N N — �N —25 — — N-- --- \ N -------�— i --27.0 ---- -- DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 — - ---- --_ - --- - ------ - 11X60 12+00 12+40 12+80 \ 13+20 13+60 14+00 14+40 -1----- \_��2 _ — 1-4-+-8-0 — $ — / 15+20 15+60 16+00 16+40 0 16+80 _,� 17+20 — 1 1 I + I 1 I I \ I 1 1 I + I 1 1 -" 1 1 I I + I-�- 460—LF 16" C-900 (DR -18) ® 0.00% \ ----� 142' �2 ''` 595—LF 16" C-900 (DR -18) © 0.00%N, Q_ 2DA `—IN \\ 15' U.E. \ - . 1 N BY SEPARATE INSTRUMENT 1 0 5—LF 16" C-900 (DR -18) ® 0.00%— 6 I . o FUTURE R.O.W. BOUNDARY Q (SEE PRELIMINARY PLAT OF ' 0 LONDON TOWNE SUBDIVISION) cn w �� \ �; �\ / / \� /`r T / U.E. BY 7 N / / SEPARATE 7 — / o / / INSTRUMENT o 7 + N. � , / 0 7 / FUTURE LONDONHi— / 7 / TOWNE SUBDIVISION . CE OF T — •••-:y,191Y4K • MICHAEL C. YORK • 124938 S 4% k6sSIOVA THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) w I L-1 = Portion of 15.01 Acre / / (SEE PRELIMINARY PLAT) z = i w Tract out of Cuadrilla Irrigation Company // �� / z w ■ 0 Survey No. 137 /7 7 / / 118.126 Acre Tract 0 w and I.&G.N.R.R. Co. Survey No. 140 7 /�" i i (Doc. No. 2015011169, 0.P.R.N.C.T.) < 7 Vol. 3, Pg. 15, Map Records of 7 N / 7 --(Owner: Bit J. Brown, Reagan Travis Brown Nueces County, Texas 7 N / 7 , , ---and Alyssa Ann Brown McCoy) (Owner: Betty Jo Camp) 7 N / — — (Doc. No. 2010006571, O.P.R.N.C.T.) 77 N N� /moi _ 7 N / NN _ - ----- _ ,---- - EL EL Z LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS 16" WATER GRID MAIN PLAN AND PROFILE STA: 11+60.00 - STA: 17+00.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' er W 1 GRID M) ID PROFILI 0 0 COMBINATION VALVE - Ni- omQm cow>�_ Ili cosico + ~ W N J 35.00' 1_ o(i�W Qtc 35.00' N Z CO d g 0 16" Wi PLAN � - 10 10 0 - = W EXISTING GRADE a: ° 30.00' 30.00' %T s �Re'I Y C Y VS - C V . C 1' - C V Y * ' �V � 1�✓ Y ' s .' mss �S /\l��il5% * 4 t4gv v \ •y •av '�//"��/A • �s �S T\mss �S •� e' e' ve*•.•��V V h. --,••••\-K-•-\-•.•-•••. •4 •44 /. • v �/. -- ` 404 v/+I `�� .i ,C11; .v.* r `s `. C . **\ v V �/ V111*��**•Y , s //��Is�11, $ �V , /\•••• y +\����I���% • V � • A\ */��Iy Ar ,1+' '�s // vjl V 25.00' 25.00' _ 5' MIN. COVER V 460 LF 6" C 000 18) ®0.00% �j 595 LF 16" C 900 18) ®0.00% ' 20.00' (BR (DR 20.00' URBAN 1 ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 5—LF 16" C-900 (DR -18) ® 0.00% 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' EXISTING GRADE - o0 6 N 0 Co- 00 CO N CO 00 (0 N - co (0 N - Co co 6 N 6> CO N - N O N: N - ti N - u7 N - o o N - M co 1` N - ti o) 6 N b 07 cd N - 00 6 N - N 00 6 N b 00 6 N - o 1` 6 N b N 6 N - o 6 CN 0 Co- o 6 N _ ti 6 N - 6 N - 6 N - in 6 N - 1-- co N: N b o 6 N - ch 1-- `CO 6 N EXISTING GRADE Nyir BOTTOM OF PIPE N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N o N - N 0 N - N o N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N - N O N BOTTOM OF PIPE SHSHEET- 5 OF 12 11+60 11+80 12+00 12+20 12+40 12+60 12+80 13+00 13+20 13+40 13+60 13+80 14+00 14+20 14+40 14+60 14+80 15+00 15+20 15+40 15+60 15+80 16+00 16+20 16+40 16+60 16+80 17+00 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 'PPROVED BY ----- --- • o C-- ,S) N � N 65.76 Acres 1 --------- ------ out of Section "D" 2��--------------Laureles Farm Tracts 83 � 83 <. N i DESCRIPTION REVISED RESTRAINT JOINT LENGTH 1 SITE BENCHMARK Set 5/8" Iron Rod with red plastic cap stampedQ "URBAN ENCR CCTX" EL -27.64' NAVD88 NAVD88 — — - 272-- - Vol. 3, Pg. 15, Map d - - , Records of Nueces County, Texas + R.O.W. - (Doc. No. 2016053230, O.P.R.N.C.T.) N " (Owner: Elizabeth Anne Meaney) a I— 5" D.I. TEE, I. GATE VAL 4NT ASSEMB ;TA: 20+65. > _ .3_2-7-:5- — — w - - - ` — — — I\ -- / NX6cv'Ca9 0 10 20 40 — 2&-5 GRAPHIC SCALE 2 0-------- --- 1"=20' — r Z5_ --- ----- ---- — 27-0--- —27.5---- ---- — — — — — — — — — -- ---- Q o� " - - ------2+5- --- _____ ---- — -------280-- — —___ 1 County Road 33 ----------— 1 co > — — — — — — — — — — — — o _— y -- -----m---- — —`— — — — 27.5-- -- -- \-- �N -- - - - - — -- — 5 — s) co 16+80 _iX 17+20 17+60 18+00 18+40 18+80 / 19+20 �. �Ho �- lHo �� 19+60 20+00 20+40 — 1Ho lHo lHo 1Ho �H� Ho 20+80 21+20 _ _ 21+6� 22+00 2 �Ho 40 DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 — I 1 1 + 1 1 I 1 1 1 r I 1 + 1 1 1 1 1 — 1 + 1 595 -LF 16" C-900 (DR -18) ® 0.00% 4 5 - / 235 -LF 16" C-900 R-18) 0 0.00% - - - � - _ 142 142 -- N cn o N \ �' % — � 0 o -I o FUTURE — o (SEE PRELIMINARY up H H LONDON cow 1.1.1 I-1-1 0 w FUTURE LONDON H TOWNE SUBDIVISION \ �. ,$),. \ 5 -LF 16" C-900 (DR -18) 0 0.00% N v\ .-\U.E. BY SEPARATE o V INSTRUMENT �� _----- o--, R.O.W. BOO DARY / \ \ ___ N PLAT `\' 0 TOWNE SUBDIVISION) / H i— ,.0 i \ U) 111 � \1.1.1 I-1-1 2 118.126 Acre Tract \ 0 w - H u) .: 4E y<s *•, MICHAEL C. YORK 0 %. 124938 I.OS%4 i • THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) 2 (SEE PRELIMINARY PLAT) (Doc. No. 2015011169, o.P.R.N.C.T.) � (Owner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) - ■ N o 1 Z LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS 16" WATER GRID MAIN PLAN AND PROFILE STA: 17+00.00 - STA: 22+40.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' er W 1 GRID M) ID PROFILI STA: 20+60.00 16"X6" D.I. TEE, MJ 6" D.I. GATE VALVE FIRE HYDRANT ASSEMBLY STA: 20+65.00 16" D.I. GATE VALVE, MJ 1 1 1 1 1 1 1 35.00' 35.00' 16" Wi PLAN � = r EXISTING GRADE 30.00' 30.00' ��' l/, l �� liM (// �.vv. \lig �`` `�� G� I, .Reg. \<Mi `1/ `�I'�I,, ,'I �����'iI'i,`IY.\�.1./ I."? • * ! V S/N,•\ -.- AAS /i. /� V v 4 �` li. li,N ��' / N �4. l/. //,�\ �y� -V..�y �"V"`'•-, /i.`�' V .- , 1` '�9,1�� 1� i\� ia1� 7/<(* \,i\\,•,,. rf .4.4. '. S4 ',��\e.�.t�.i."g�5 `4. c�c'/� Z`4 `� r -e. `?r\. r. - -e.?\?\\ - S r t `- -e\-. r\ `!\ 1��.4- `! * 25.00' i .l .lrNi 25.00' 5' MIN. COVER 16" C 900 235 LF 16" C 900 18) 0 0.00% 20.00' ■ Amiiiiiii (DRjabillirMP X (DR 20.00' URBAN � ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM Ida 5 -LF 16" C-900 (DR -18) ® 0.00% 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' 1111Nyir EXISTING GRADE - I. 0 (0 N - N 0 (0 N - M (0 N b 0 M N - d7 in 0 N - d7 in 0 N - M (0 0 N - 0 N- N - a0 r- N - d7 r- N - lf) N- 0 N a Co- 0 O N 0 0 N - M CO 0 N - 0) CO (0 N - in I-- 6 N - M M 6 N - 0) Ca N - 0 0) Ca N - _ O f: N - O N N Co- a 0) (0 N (D 0) (0 N - tc 0 ti N - F– 0) O N - M O N- N - M O ti N EXISTING GRADE BOTTOM OF PIPE - N O N - N O N - N O N - 4 N O N - � N O N - N O N - N O N - in N O6 N - to N N - in N O N - in N o N - in N 0 N - in N 0 N - in N o N - in N O N - in N O N - in N O N - in N O N - 4, N O N - 4, N O N - 4, N O N - 4, N O N - 4) N O N - N O N - N O N - N O N - N t6 O N BOTTOM OF PIPE SHEET OF 12 17+00 17+20 17+40 17+60 17+80 18+00 18+20 18+40 18+60 18+80 19+00 19+20 19+40 19+60 19+80 20+00 20+20 20+40 20+60 20+80 21+00 21+20 21+40 21+60 21+80 22+00 22+20 22+40 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 APPROVED' BY ow om 1+)w Np a� Hcy = N 70 w. O-. o 65.76 Acres �o 7-`\' out of Section "D" Laureles arm Tracts _ — — — _ \ om Vol. 3, Pg. 15, Map ---- 2 0� �w>W Records of Nueces County, Texas c+o (Doc. No. 2016053230, O.P.R.N.C.T.) N a s. R.O.W. (Owner: Elizabeth Anne Meaney) , ¢ N ,_ o iri ! N g - as N o �, ¢ II . z � • .x NUa' 'CT), c�. 8.00 Acres out of Section "D" kiii. Laureles Farm Tracts Vol. 3, Pg. 15, Map a Records of Nueces County, Texas (Doc. No. 2016053230, 0.P.R.N.C.T.) w � (Owner: Agape Ranch) 0 10 20 40 I ow I om row 1NQ ax i_ N o DESCRIPTION REVISED RESTRAINT JOINT LENGTH ---------275------ ____— — — — ---- ——— Lai _ GRAPHIC -SCALE CALE - 1"=2o' _ ( --- ----- ` <--- — --- _ c ` — — 25-- ___---— — — — — — - Ce- ------285---------------------- County Road 33 -- 6, ---_--- -- r m –� — - — - - �N 28.0— �oN---------- — _ 2g5 - ---- ---- - — — —Ho — — — — —IH -0— — — — — — — -HO 1Ho ,� �, H� lHo lHo lHo — �Ha 1F o 1Ho 1Ho 1Ho = H;; 1Ho 1Ho 22+40 lHo He lHo 22+80 —�Ho Ho 0 lHo lHo GHQ — --- ------ - — 23+20 23+60 — — — —24+00240 — — — — X4+88-- 25+20 25+60 26+00 26+40 — 26+80 27+20 27+60 — 28-00- DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 — I I I 1 I 1 I 1 1 I + I 1 I 1 1 I 1 1 I- 1 I 1 I — — —2-770-- 360 -LF 16" C-900 (DR -18) ®0.25% 135 -LF 16" C-900 (DR -18) 0 0.25% 142 142 - - -- --- --- -- -- ---1 �� 1 1 - ---------- —. �o — — -- - -----• -- —. -- — =�_ fl --_ o. N ��_ �N �� N —2� _ �N \ \ 2�0\ y, _ 235 -LF 16" C-900 (DR -18) 0 0.00% — —� 5 -LF 16" C-900 (DR -18) ®0.25% U.E. BY o co. N SEPARATE o -1 0 INSTRUMENT FUTURE R.O.W. BOUNDARY N p N (SEE PRELIMINARY PLAT OF 1 LONDON TOWNE SUBDIVISION) <N \� u) NN T( \ z \ v w 03 FUTURE LONDON 118.126 Acre Tract \-D_ 'I TOWNE SUBDIVISION (Doc. No. 2015011169, O.P.R.N.C.T.) \\ N (SEE PRELIMINARY PLAT) (Owner: Bill J. Brown, Reagan Travis Brown \• and Alyssa Ann Brown McCoy) `\ \ 1 I o o -1 I N p °°I- 1 ww IzCn Q v w Q I ___...„, --.,.. . .: 'CE OF T • 1 %� *, • MICHAEL C. YORK • Of q 124938 :'� S THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) z LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS �N \A I - - A \ \- 16" WATER GRID MAIN PLAN AND PROFILE STA: 22+40.00 - STA: 27+80.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' W 1 GRID M) ID PROFILI STA: 23+00.00 QY STA: 26+60.00 16"X6" D.I. TEE, MJ 6" D.I. GATE VALVE FIRE HYDRA IT ASSEMBLY ,STA: 26+65.00 16" D.I. GATE VALVE, MJ 11 1 1 1 1 I W ct m W 35.00' g 35.00' 16" Wi PLAN � = EXISTING GRADE 30.00' 30.00' / `7avg 9` f00, 4V O�\`O`f\fO ".-4N ` .4) v`'410j C g‹.\ i i!'l Vi• !' � ' s.M .— Y,' ' •' 'O•O~�� � • , Y�l .i i,W. N `* / , ., `( ,v „ V ' V ' � '.4G I #\JII'I ISI rytP I I /s v ISI i ,'OOtiv . ,'\.), 25.00' 25.00' _ 5' MIN. COVER WU 235 16" C 0.00% 360 -LF 16" C-906 (DR -18) ® O.'-5% 20.00' — -LF 900 (DR -18) CSD 20.00' URBAN 1 ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 5 -LF 16" C-900 (DR -18) ® 0.25% 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' EXISTING GRADE - - N L1') N: ti N N - 00 N - N N - N CN - M r- N - CO co r- N - r- N - I� N - N - Ln N N - N - N- N - Nd� N- N - CO N- N i" -- co N- N - CO N - N f� N - 00O ti ti N ..-71- op ti N - O ti N - O N- N - N O M N b co N - O N co N - CO N M N - N M M N EXISTING GRADE Nyir BOTTOM OF PIPE - - Lf) L1') N N O O N N - Lf') N O N - Lf') N O N - O M O N - Ln co O N - O d- O N - Ln d- O N - O co O N - Ln co O N - O co O N - Ln co O N - O N- O N - Lr') N- O N - O co O N - Lr) 0o O N - O O O N - Lr) O O N - O O N - Lr') O N - O N - L1') N - O N N - Lf') N N - O M r7 N - Ln co N - O N BOTTOM OF PIPE SHEET OF 12 22+40 22+60 22+80 23+00 23+20 23+40 23+60 23+80 24+00 24+20 24+40 24+60 24+80 25+00 25+20 25+40 25+60 25+80 26+00 26+20 26+40 26+60 26+80 27+00 27+20 27+40 27+60 27+80 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 27+60 NN O W 0c +0 CO 6. N � 0 N 8.00 Acres out of Section "D" Laureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Doc. No. 2016053230, O.P.R.N.C.T.) (Owner: Agape Ranch) 28.0 ------------ 28-5 s- ILOT 2 BLOCK 17 LOT 1N BLOCK 17N — 29-0— — 1b'U.E. R.O.W. 0w O J > PROPOSED ONDON TOWN BDIVISION UNI 1 (SEE FINAL PLAT) BENCHNTA.K Iran Rod w/th is o.pp stamp2 o. LOT 1 LOT 1 BLOCK 9 BLOCK 18 :wie:::4:144::::;4„,i411 :11:71:14'llia e til% et .1or It N \ N 0.25% 1H0 28-00 — — MATCHLINE STA: 27+80.00 (SEE SHEET 7 OF 12) 1H0 29-0 28+40 1H0 1H0 28+80 1H0 County Road 33 10'Y.R./U.E, O O co N Q H 3 1- Q ce . .. 10 20 R N —GRAPHIC: 3£A 1"=20' 1 40 FUTURE R.O.W. BOUNDARY (SEE PRELIMINARY PLAT OF LONDON TOWNE SUBDIVISION) FUTURE LONDON TOWNE SUBDIVISION — (SEE PRELIMINARY PLAT) 1HO 1H0 \ 29+20 / 01 cP NN 1H\ 29+60 1HC 1H0 - — 1HO 118.126 Acre Tract (Doc. No. 2015011169, 0.P.R.N.C.T.) (Owner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) r 30+00 N M. 30+40 1H0 — 32 — 460—LF 16" C-900 (DR -18) 0x.75% o. \ 10Y.R./U.E. 2 5— HO 1H0 80 PROPOSED R.O.W. BOUNDARY (SEE LONDON TOWNE, UNIT 1 FINAL PLAT) LOT 2 BLOCK 9 U.E. BY SEPARATE \ INSTRUMENT N 0 01 1H0 11-10 Alh VIP 1H0 1H 31+20 31+60 32+00 LOTD1 BLOCS 9 01 01 r L0oT 1 BLOCS 4 LOT 1 BLOCK 21 o I � PROPOSED I LONDON TOWNE I SUBDIVISION UNIT 1 -1-- (SEE FINAL PLAT) 1H0 32+40 142' 5- 1H0 32+80 1H0 142' C-900 (DR -18) ® 0.7% 10H. 5.6 LOT 2 BLOCK 4 1H0 33+20 0 O N N CO U- M 0 -MO rn c~aw ww Z_= J U) =w I-1-1 Q 2 1HC N 1 1 1 1 ■ \4 00 16" WATER GRID MAIN PLAN AND PROFILE STA: 27+80.00 - STA: 33+20.00 40.00' HORIZ: 1"=20' VERT: 1"=5' 40.00' 35.00' STA: 28+00.001 0 0 COMBINATION VALVE STA: 32+60.00 16"X6" D.I. TEE, MJ 6" D.I. GATE VALVE FIRE HYDRANT ASSEMBLY STA: 32+65.00 16" D.I. GATE VALVE, MJ 1 35.00' QYQ 0 O co+ Lel m O N 30.00'..4._._..�.�� 30.00 EXISTING GRADE _./���90`O ". %;����1„A�� yl'1' 1F 1�\"g4'4 \V v�\\ l., '.��' 1Y.C�A . xxx 1�n�, `►� V ” V V 25.00' r .� �`.. . ➢\. \�G�'�%������ Hyl ^I i`�. ..1'�: 'I I 'I -I ,I . v �'��s\���1� v " v " v .,����'�w��i'�1�tiL."."•-", �.'w��i�. ����5'"I 25.00' /yam 1' ��v V . 7. :V* A1►���''� V V 14 - v v .- v r v . ,-I . r v-'•••••-•••-','---'•-'• 5' MIN. COVER _ 0 20.00' 20.00' 5—LF 16" C-900 (DR -18) 0 0.75% 15.00' 15.00' 135—LF 16" C-900 (DR -18) ® 0.25% 10.00' 10.00' 5.00' 5.00' EXISTING GRADE - coM 00 N - . cr 00 N - 00 N - Ln 00 N - co co 00 N - oD I� 00 N - O co 00 N - O O 67 N - < N 67 N - N co d7 N - M di N - o) d7 N - d7 N - O d7 N - 00 CO 07 N - N- 00 O N - Lf) O O M - N O M - N O M - O CO O co - O 00 O co - • M - O O M - M M M - 6� M M - Ln co - O in M EXISTING GRADE Nyir BOTTOM OF PIPE - N - O Ln N - in co N - O co N - Ln O N - O N -- Ln N N N O N N - uo Lf) N N - O 1--00 N N - Ln CN N - O O M N - in ,_ M N - O M M N - Lc) M N - O co M N - Lr) M N - O O M N in O 4 N - O N 4 N CO 4 N - O Lo 4 N - co 4 N - O 00 4 N - Ln O 4 N - O ,_ Li N - Ln N Ln N BOTTOM OF PIPE 27+80 28+00 28+20 28+40 28+60 28+80 29+00 29+20 29+40 29+60 29+80 30+00 30+20 30+40 30+60 30+80 31+00 31+20 31+40 31+60 31+80 32+00 32+20 32+40 32+60 32+80 33+00 33+20 02019 by Urban Engineering 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 ,PPROVED BY o �, _'__ 76.24 Acres ' ` out of Section '' ' — —L aureles Ports om — — Vol: i, 15, Map�. �. Records of Nueces�C�unt Texas o — — — o y, © — — _ _ C c No. 2016050730, 0.P.RtN�C.T. + mw�► '� 1 l � �o 2.00 Acres M cii _ out of Section D \ — — — — — — — — _ Laureles Farm Tracts i1�►°��i� Vol. 3, P 15, Ma \ eeAVe' yI — — — — — \ •iv� I — — — _ o �� Records of Nueces�C�unty, Texas ► ���.�� T — I '�I ��� •�1��"I / m (Doc.neo.�91G�034176= O.P R�N C.T.) •�. / f� I I �'� — — o o / �,�, + / m�wcNn M _ _ -) ku} o - m >w w + °0a ' ~ �- - �, DESCRIPTION REVISED RESTRAINT JOINT LENGTH 1 — — Owner Elizabeth Anne Meaney) o . �' �L•� I / Q > — — — — -- u'� o—�.s---- ': ; n -- — --- ��'\ ---��— E ��1�'�' Idl — — -- �.1 a � �0_ 1,11 _ _._— -- —.*T• -e -- ------------- +� / --__—_ Asa-� u�� __ �____i-- _ = —mo-= =-rarec _ _ \�� --- ------------- ----- �� i 1 / — — _ —— _"",-_ -- ------�. —� 1t,� —_ IIS �< •�� ► s — — — — — — 1 I �__ — �,r ,. :� l,'�=-- — - _ ______ _____ • �--�\ �� — c- = }A�#IC—SEAL ----cam-- _____ — — — — — —`-- ---- — — __— ____ --- —_--------- _ — __c __________ —` —_——__---- — — ____ _ _— _ ---__ -- —_ ___—_-- ��—s'� �: =-- _—_� ,� ��LI -- ei M M o o rn a) \ 0 o \ \ County Road 33 o m c 0 _ _ _ o. \� \4 — _ — -- --------------- — 11 — w Ct 1H0 33-20 1HC� / 0 1H0 1H0 1H0 .. -- 1H/ 1HO \ 33+60 34+00 34+40 34+80 1HO 1H0 1H0 1H0 1H0 �H 1H0 1H0 1H0 1H0 1HO 1HO 1HO 1-10 /35+ 0— _ 35+60 \X36+00 36+40 36+80 37+20 37+60 — — — — 38+00 _ 38+40 1— 38-80 1H0 DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 1 1 + 1 P 1 I I I I + 1 1 1 1 + 1 1 — 1 - \ 235 -LF 16" C-900 (DR -18) ® 0.75% / \ 360 -LF 16" C-900 (DR -18) ® 0.00% --__ �_ . \ \ �_� —, 142' \ so. ,o. o. --- ( A 142 1 ___ o o O N N• Z w = C/3 0 < -' 1 • II - I ' I I 1 \ \ I 1 / I N I I I I I \ 3 — 73 3 4, 1 \ v 1 \\ FUTURE R.O.W. BOUNDARY U.E. RY 5 -LF 16" C-900 (DR -18) © 0.00% 0 SEPARATE o \ (SEE PRELIMINARY PLAT OF INSTRUMENT o ^ \ / o N I� / `M LONDON TOWNE SUBDIVISION) 1 / / FUTURE LONDON w w I I // 11 TOWNE SUBDIVISION = w I I 118.126 Acre Tract (SEE PRELIMINARY PLAT) I I (Doc. No. 2015011169, 0.P.R.N.C.T.) < -- 1 (Owner: Bill J. Brown, Reagan Travis Brown I I and Alyssa Ann Brown McCoy) I I I 1 I I 1 II MI AZ j MICHAEL C. YORK • • �• •; 124938 ' •., /. 1-�;S��WAL E�G� THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS 16" WATER GRID MAIN PLAN AND PROFILE STA: 33+20.00 - STA: 38+80.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' W 1 GRID M) ID PROFILI STA: 35+00.00 Y 8 STA: 38+60.00 16"X6" D.I. TEE, MJ 6" D.I. GATE VALVE FIRE HYDRANT ASSEMBLYE STA: 38+65.00 16" D.I. GATE VALVE, MJ 1 I 1 I I I I m LA., g EXISTING GRADE 35.00' " 35.00' 16" Wi PLAN � = —4—_—_-,--_—_—_,—.—.-,-,-„ - �A\A TA `GI A' 1��� /�✓ �`' 4l\�-A"\� -..,&.� ,R y/�/��/`� yy/ � ...1 .'�� V I �� tI���1 Y tI�`,I! V '1� ✓�� , �,1',1/ ; n�,I/� ` '�`;'f�,�7,1, 1 l ,,` J �' /V - 4 i9 S .. 4 r .. , a r ,. a 4 •� S , •S , , S T S T � S Q , S - ,y S S - SI' ' - , - S . S. i i A , S . S . •S S •r S r Q r a a r. a a � -+�`�*($4 '''W " �j �4 4 v v • viylyw✓�Y.V• I • Y' v v v 30.00' 5' MIN. COVER 30.00' AIL 360 16" C-900 0.00% ANIL -LF (DR -18) 235 -LF 16" C-900 (DR -18 ® 0.75% 25.00' 25.00' 5 -LF 16" C-900 (DR -18) 0 0.00% ' 20.00' 20.00' URBAN 1 ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' EXISTING GRADE Co CO M 0 00 M o N co o r- N CO f-- N N CO o N CO ti N CO I` co N CO ti (3-) N CO Eo 0 M CO M 0) N CO - o M CO o M CO N N M CO co M CO - 1 M CO En 7r M CO 0) co M CO En co M CO N co M CO b co M CO M M CO M co M CO f-- co M CO M 7r M CO f-- M M CO M CO En CO CO EXISTING GRADE N7P. BOTTOM OF PIPE - o 71- N - En Lo N - o N - En co N - o o N - En N - o co N - 10 N - o co N - En I, N - En r- N - En N- N - En N- N - En I` N - En I` N - En I` N - En I` N - En I` N - En I, N - En I, N - � N- N - � N- N - in N- N - En N. N - En N- N - En N - En r N - E9 N BOTTOM OF PIPE SHEET OF 12 F20 33+40 33+60 33+80 34+00 34+20 34+40 34+60 34+80 35+00 35+20 35+40 35+60 35+80 36+00 36+20 36+40 36+60 36+80 37+00 37+20 37+40 37+60 37+80 38+00 38+20 38+40 38+60 38+80 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 APPROVED' BY M 76.24 Acres M out of Section "D" – I DESCRIPTION REVISED RESTRAINT JOINT LENGTH --- o3 00 0LU +w co __— r -83—------— ��Jm 10 > � w +� ,...., („) co QQ --- — --—— -Laurses Farm Tracts -- ------------------ Vol. 3, Pg. 15, Map Records of Nueces County, Texas — — (Doc. No. 2016050730, 0.P.R.N.C.T.) R.O.W. > �, _ c')"_ _ _ (Owner: Elizabeth Anne Meaney) / — — — — — M — — — — — — _ . -- — — — — — — — — — — — — — — — — . _— — — — r — — _ _ _ — — — — — — — — — — — — — —n 1 90 40 Q o ; N ,, < 7o o County Road 33 �� - — — - - --- CO — /� W Ct II ' 110 1H0 1H0 1H0 1H0 1H0 1H0 1H 1H0 1H0 1H0 1H0 1H0 1H0 1H0 1H0 1H0 1H0 1H0 1H0 1H0 ( ) 1H0 1H0 1H0 1H0 — — 1H0 --- — — — — — — — — — - - - DRAWN: SAE DESIGNED: SAE CHECKED: MCY DATE: AUG, 2019 38--80— 39+20 _ — — 39+60— — — — — — — — —40+OD 40 F40- — — — — — 40+80 4s+20 41 +60 42+00 42+40 42+80 43+20 43+60 44+00 44+40 595 -LF 16" C-900 (DR -18) ® 0.00% 2' -------- -- 142' 142' /� -- --- - - - mac^ - U.E. BY 0.00% o SEPARATE o o INSTRUMENT o o FUTURE R.O.W. BOUNDARY N ,- 00 w (SEE PRELIMINARY PLAT OF + p Q - LONDON TOWNE SUBDIVISION) Q 7- u)w cnw li.!I-1-1 Lul— 1 FUTURE LONDON z z = w TOWNE SUBDIVISION = u) U 118.126 Acre Tract U w H U (SEE PRELIMINARY PLAT) Lu Q (Doc. No. 2015011169, O.P.R.N.C.T.) Q w (Owner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) Mai . CE OF T — •••-:y,191Y4K • MICHAEL C. YORK • 124938 SA. S 4% k6sSIOVA THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MICHAEL C. YORK, P.E. TX. REG. 124938 (09/12/2019) Z LONDON AREA MASTER PLAN WATER INFRASTRCUTURE CORPUS CHRISTI, TEXAS 16" WATER GRID MAIN PLAN AND PROFILE STA: 38+80.00 - STA: 44+20.00 HORIZ: 1"=20' VERT: 1"=5' 40.00' 40.00' W 1 GRID M) ID PROFILI EXISTING GRADE 35.00' 35.00' 16" Wi PLAN � = -„ . ��:%N/�, I . I./,%�l / i�%�7 v II y� M�� 7c `fi r'l r `. '-'<W,.< v r'. ' J T'l 7. VW/ J' ��1 J� , ..... -- - - -- - -- c c c w cT, �� C r r V`y� . \�f.� v�\�i� \� Y� A� \ten\»<Y�~ .57��\\ �� \ S ti y .� 1� . y 1ti 1� 1� 1ti . . 1� 1 1 1� 1� . 1ti V 1ti 1� . . 1ti 1ti 1� . . 1ti 1 1ti 1� . . NV 1� t 1` 1� ►`�1'�` 1* i. W�VhVfV*',** * 30.00' 5' MIN. COVER 30.00' 595 -LF 16” C-9130 (DR -18) ® 0.00% Ai. J J 25.00' 25.00' - 20.00' 20.00' URBAN 1 ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' EXISTING GRADE 71- C6 co - c6 co - d- ch co - d- ch co 771- c'9 c7 - c� d- ch co - 0 c'f) co 0 Co- co M co 6) co c'9 co - o c6 co - d� co 06 co Co- C co Cr) co f� co ch co co ch co - CO co 06 co - co Cr) co - N co (Y) co b co M co Co- 0 N c6 co N Cr) co - u7 N c6 co - N c'9 co Co- N ch co ch co - ch ch - N ch co - N c'9 co EXISTING GRADE Nyir BOTTOM OF PIPE - Er) N - r N - N- N - r- N - N - N - N N - N - � N - � a> N - N- 6 N - N- N - N- 6 N - N- N - N N - N - N- N - N- N - N- N - N- N - N- N - N- N - N- N - N- N - N - N - r N BOTTOM OF PIPE SH 10 OF 12 F80 39+00 39+20 39+40 39+60 39+80 40+00 40+20 40+40 40+60 40+80 41+00 41+20 41+40 41+60 41+80 42+00 42+20 42+40 42+60 42+80 43+00 43+20 43+40 43+60 43+80 44+00 44+20 02019 by Urban Engineering JOB NO. 42900.69.01 58:27 AM \Projects\42000up\42900\8901\dwg\042900B901—WATER—LINE.dwg modified by ScottE on 9/12/2019 1ci o3o J 6 +w>W +� ~ W N J � _ F < • > CO *} SITE BENCHMARK Set 5/8" Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" EL=33.97' NAVD88 R.O.W. N M 0 0 0 co 6 >_ z 76.24 Acres out of Section Laureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Doc. No. 2016050730, 0.P.R.N.C.T.) N M r - - 10 20 40 SAP-RAPSSAtE — — 1H 44+00 ' MATCHLINE STA: 44+20.00 (SEE SHEET 10 OF 12) 44+40 1H1H0 44+80 — 5—LF 16" C-900 ® 0.00% 1H0 45+20 1HC 1H 1H( -1 O7 co C0 45+60 46+00 1 - I 215—LF 16" C-900 (DR -18) 6000% ---- --- — — FUTURE R.O.W. BOUNDARY (SEE PRELIMINARY PLAT OF LONDON TOWNE SUBDIVISION) FUTURE LONDON —TOWNE SUBDIVISION — (SEE PRELIMINARY PLAT) 118.126 Acre Tract (Doc. No. 2015011169, 0.P.R.N.C.T.) (Owner: Bit J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) 1140- — 1HO 46+40 U.E. BY SEPARATE INSTRUMENT 1H0 46 80 1H (0, 1H0 1H0 1H0 0 M 1H0 _ 1H0 1H0 1H0 1H0 1H0 M 1H0 1H0 16" WATER GRID MAIN PLAN AND PROFILE STA: 44+20.00 - STA: 46+80.00 40.00' HORIZ: 1"=20' VERT: 1"=5' 40.00' 35.00' STA: 44+60.00 16"X6" D.I. TEE, MJ 6" D.I. GATE VALVE FIRE HYDRANT ASSEMBLY STA: 44+65.00 16" D.I. GATE VALVE, MJ 1 1 1 1 1 1 STA: 46+80.00 COMBINATION VALVE 16" D.I. CAP 35.00' EXISTING GRADE 30.00' 30.00' Wi NN NN NN' ". , ,yam 'may"'N , , �. i /. / , , ,`8VV. 1/ \' . .\ Si, ,',Ni i, 5' MIN. COVER 25.00' 25.00' V (A 215—LF 16" C-900 (DR -18) ® 0.00% 20.00' 20.00' 5—LF 16" C-900 <- 0.00% 15.00' 15.00' 10.00' 10.00' 5.00' 5.00' EXISTING GRADE Ozl- r> o c� 67 rn N c� o (h c� M 0 (h c� 0 () c� (n 0 0) ch N 0 M ch Co 0 M ch I. 0 0) ch O c6 ch CO 0 0) c� M 0 0) r� M o M r� m < 0X D (7)0-3() m z 0 Nyir BOTTOM OF PIPE En N En N En N En N En N En N Er) (0 N En N En N En N En N En N in N in N BOTTOM OF PIPE F20 44+40 44+60 44+80 45+00 45+20 45+40 45+60 45+80 46+00 46+20 46+40 46+60 46+80 47+00 CON STANDARD HEAVY DUTY RING & COVER W/WATERTIGHT GASKET ALONG OUTER LID CEMENT STABILIZED SAND FLAT BASE FOR CHIMNEY PL 12"1 FACTORY BONDED JOINT 30" 2"-180° RETURN, GALV. STEEL FLANGES 2" SCH. 80 GALV. STEEL VENT PIPE - 1.5" WIDE GALV. STRAPS CONCRETE RINGS FOR HEIGHT ADJUSTMENTS —3000 PSI CONC. WITH REINF. OF NO. 5 REBARS, AROUND PERIMETER NOTE: BACKFILL TO BE PLACED CAREFULLY & EVENLY ALL AROUND TO PREVENT SHIFTING OR TILTING OF THE MANHOLE 2" SINGLE BODY COMBINATION AIR AND VACUUM VALVE 2" GATE VALVE 2" TYPE K COPPER 60"" DIA. SEAL Z2 De P •I •i CEMENT STABILIZED SAND UNION PVC MAIN PROVIDE CONCRETE SUPPORT 18" 0.C. No. 4 BARS AT 90' HOOKED TO BASE NO. 4 BARS AT 12" C/C E.W. , (3" COVER MIN.) N 0 INSECT SCREEN #16 MESH, #316 S.S. W/INSULATING GASKET BETWEEN FLANGES. SEE BOLLARD DETAIL, SHT. 43 IN TxDot R.O.W. LOCATE VENT AT PROPERTY LINE 2"-90' BEND, GALV. STEEL, N.P.T. PER MANUFACTURER —BRONZE SADDLE W/2" NPT TAP FORD 202 BSD OR EQUAL PRE -FORM AT FACTORY TO EXACT PIPE SIZE. 2" MIN. 3/4" GRAVEL BEDDING 24" 6" MIN. DEPTH MANHOLE 0.D. + 4' 3000 PSI CONCRETE BINATION AIR RELEASE & AR/VACUUFv NOT TO SCALE VALVE DETAIL SEE SPEC. 15108 02019 by Urban Engineering 0 w 1 O >- a co am a a DESCRIPTION REVISED RESTRAINT JOINT LENGTH W Z W Q M LL Qo CC CC CL Li IM Z �a QZ J 0- J W EL CC (1) CCH HVI— amp 2U)cn aE WLLLU CC E CC ZWc c0 <° Z� 0 ENGINEERING 0 � 00o N N U F 0• XZ w Z o�Q z N E ! 2 D J a mo H- U O • 0• IX owco. Z- Z Q � N W w 0 a• 'n= CO N SHEET OF 12 JOB NO. 42900.69.01 \ \Projects\42000up\42900\8901\dwg\042900B901—SWPPP.dwg modified by ScottE on 8/15/2019 9:10:13 AM EX. END OF ROAD BARRIER • Sr—SF—LS Portion of 15. Tract out of Cuadrilla I Survey No. and I.&G.N.R.R. Co. Vol. 3, Pg. 15, Ma Nueces Count (Owner: Betty (Doc. No. 20100065/ 65.76 Acres out of Section "D" Laureles Farm Tracts Vol. 3, Pg. 15, Map Records of Nueces County, Texas (Doc. No. 2016053230, 0.P.R.N.C.T.) (Owner: Elizabeth Anne Meaney) 4,600 TOTAL L.F. SILT FENCE County toad 33 sr�F SF 30 -sr GRAPHIC SCALE 1"=60' : 111111-- 4 _F—s__r SF sr / / // 115.126 Acre Tract (Doc. No. 2015011169, 0.P.R.N.C.T.) r ■4t 1 1 1 1 76 Acres Section "D" Farm Tracts Pg. 15, Map eces County, Texas 053230, 0.P.R.N.C.T.) beth Anne Meaney) ------------------------ ------ 16 -I- -aF�—SF Sr�F FFF p / 'WOW \\/ Z p 2 J (1) 'l- 2 < W I (n W u) 1 4,600 TOTAL L.F. SILT FENCE 8.00 Acres out of Section "D" aureles Farm Tracts Vol. 3, Pg. 15, Map s of Nueces County, Texas No. 2016053230, 0.P.R.N.C.T.) (Owner: Agape Ranch) sr== 118.126 Acre Tract (Dos.,No. 2015011169, 0.P.R.N.C.T.) (Owner: Bill drown, Reagan Travis Brown and Alyss(\ Ann Brown McCoy) j —SF 0 0 00 LOT 1 Rec 8L0 10'Y. R. /U. E. (Ow sr( \\ sr c / 1 oF. /u E SOT 2 B CK F F J out Lour Vol. Records o (Doc. No. (Owner: 0 5F — — Sr ---s 118.126 Acre Tract (Doc. No. 2015011169, 0.P.R.N.C.T. (Owner: Bill J. Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy) 4,600 TOTAL L.F. SILT FENCE _.1 SF Sr Sr-----SF-----S 76.24 Acres ut of Section "D" ureles Farm Tracts o1. 3, Pg. 15, Map of Nueces County, Texas 2016050730, 0.P.R.N.C.T.) Elizabeth Anne Meaney) STABILIZED CONSTRUCTION ENTRANCE 0 — — — — — --SF--SF--S WASTE CONTROLS: WASTE DISPOSAL MUST BE ACCOMPANIED IN A MANNER SO THAT NO SOLID WASTES, INCLUDING BUILDING MATERIALS, HAZARDOUS SUBSTANCES, OIL, OR PACKAGING LEAVE THE SITE, EXCEPT FOR DISPOSAL AT AN APPROPRIATE, APPROVED SOLID WASTE MANAGEMENT FACILITY, IN CONFORMANCE WITH THE TEXAS SOLID WASTE DISPOSAL ACT. TO THE EXTENT PRACTICABLE, NO SOLID WASTE, INCLUDING BUILDING MATERIALS, HAZARDOUS SUBSTANCES, OR 01L MAY BE ALLOWED TO ENTER THE CITY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM, THE CITY'S STREETS, OR THE NAVIGABLE WATERS OF THE UNITED STATES. BUILDING MATERIALS INCLUDE, BUT ARE NOT LIMITED T0, UNCOVERED STOCKPILES OF SOIL, SAND, DRY CEMENT, LUMBER, BRICKS, OR OTHER PRODUCTS USED IN CONSTRUCTION. THE PRIME CONTRACTOR, WHO IS ISSUED THE BUILDING PERMIT, IS RESPONSIBLE FOR THE CONDUCT OF ALL SUBCONTRACTORS WITH REGARDS TO DISPOSAL OF WASTES GENERATES BY THE CONSTRUCTION ACTIVITIES AT THE SITE. DUST CONTROL: DUST CONTROL SHOULD BE PROVIDED AT WHATEVER FREQUENCY REQUIRED. HAZARDOUS MATERIAL STORAGE: CHEMICALS, PAINTS, SOLVENTS, FERTILIZERS, AND OTHER TOXIC MATERIALS MUST BE STORED IN WATERPROOF CONTAINERS. EXCEPT DURING APPLICATIONS, THE CONTENTS MUST BE KEPT IN TRUCKS OR IN STORAGE FACILITIES. RUNOFF CONTAINING SUCH MATERIALS SHALL BE COLLECTED, REMOVED FROM THE SITE, AND DISPOSED OF AT AN APPROVED SOLID WASTE OR CHEMICAL DISPOSAL FACILITY. CONCRETE TRUCKS: THE RESPONSIBLE PARTY MAY NOT ALLOW THE OWNER OR OPERATOR OF A CONCRETE TRUCK TO WASH OUT OR DISCHARGE SURPLUS CONCRETE OR DRUM WASH WATER AT A CONSTRUCTION SITE, UNLESS THE SURPLUS CONCRETE OR DRUM WASH WATER IN CONCRETE TRUCKS IS DISCHARGED AT A FACILITY ON THE CONSTRUCTION SITE THAT WILL RETAIN ALL CONCRETE WASH WATERS OR LEACHATES, INCLUDING ANY WASH WATERS OR LEACHATES MIXED WITH STORM WATER. CONCRETE WASH WATERS AND LEACHATES MAY NOT BE ALLOWED TO ENTER THE MUNICIPAL SEPARATE STORM SEWER SYSTEM, CITY STREETS, THE WATERS OF THE UNITED STATES, OR GROUND WATERS. SILT FENCE: SILT FENCE SHALL BE INSTALLED TO CONTROL RUNOFF FROM THE BUILDING CONSTRUCTION SITE. MATERIAL: FENCE MATERIAL SHALL BE PERVIOUS SYNTHETIC SHEET OF POLYPROPYLENE, NYLON, POLYESTER OR POLYETHYLENE YARN WITH ULTRAVIOLET RAY INHIBITORS OR 10 OZ./SY BURLAP FABRIC. THE FENCE SHALL PROVIDE A MINIMUM 75% TO 85% FILTERING EFFICIENCY. A TENSILE STRENGTH AT 20% ELONGATION OF 30 LB/IN. (STANDARD) OR 50 LB/IN (EXTRA STRENGTH) AND A SLURRY FLOW RATE OF 0.3 GAL/SF/MIN. THE FABRIC SHOULD BE 2' HIGH ABOVE GRADE AND A CONTINUOUS ROLL. CONSTRUCTION: EXCAVATE A MINIMUM 6" X 6" TRENCH ALONG THE UPSLOPE SIDE OF THE CONSTRUCTION FENCE. INSTALL THE FILTER FABRIC TO THE CHAINLINK AND WITH 12" OF FABRIC EXTENDING INTO THE TRENCH. SECURE THE FABRIC TO THE CONSTRUCTION FENCE WITH WIRE TIES OR OTHER SUITABLE MEANS. WHERE JOINTS IN THE FABRIC OCCUR PROVIDE A MINIMUM 6" OVERLAP AND SECURELY SEAL. BACKFILL THE TRENCH WITH COMPACTED EXCAVATED MATERIAL OR 3/4" GRAVEL OVER THE FILTER FABRIC. INSPECTION AND MAINTENANCE: INSPECT THE FENCE FABRIC FOR SEDIMENT ACCUMULATION AND FABRIC CONDITION AT LEAST ONCE A WEEK AND IMMEDIATELY AFTER EACH RAINFALL OVER 1/2". REMOVE SEDIMENT WHICH HAS ACCUMULATED TO OVER 1/3 TO 1/2 OF THE HEIGHT OF THE FILTER FENCE. REMOVAL: AFTER THE UPSLOPE SIDE HAS BEEN STABILIZED THE FILTER FABRIC MAY BE REMOVED. SPREAD ANY SEDIMENT REMAINING AFTER THE FENCE REMOVAL AND COMPLETE THE FINAL GRADING AND SODDING REQUIREMENTS. NOTE: THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS ON THE SITE. THERE ARE NO FLOOD PLAIN, FLOODWAY OR VELOCITY ZONE BOUNDARIES WITHIN THE SITE. NOTE: THERE ARE NO KNOWN NATURAL WATER BODIES, JURISDICTIONAL WETLANDS, ENDANGERED SPECIES HABITAT, STATE SUBMERGED LANDS OR CRITICAL DUNES ON THE SITE. NOTE: CONTRACTOR IS RESPONSIBLE FOR IMPLEMENTING SWPPP AND MONITORING OVER THE COURSE OF THE PROJECT. CHANGES, MAINTENANCE AND UPDATING OF FEATURES AND PLANS WILL BE REQUIRED. MEASURES DEPICTED PRESENT POTENTIAL MEASURES NEEDED. CONTRACTOR SHALL MODIFY AS NECESSARY AND DOCUMENT CHANGES AS REQUIRED PER THE GENERAL CONSTRUCTION PERMIT. NOTE: DETAILS SHOWN ON THIS SHEET ARE FOR CONTRACTOR INFORMATION. THEY ARE NOT INTENDED TO REPRESENT ALL OPTIONS FOR IMPLEMENTATION OF BMPs. OTHER TYPES OF BMP'S MAY BE USED AT THE CONTRACTORS DISCRETION. 02019 by Urban Engineering WATER D/STR/BUT/ON SYSTEM GENERAL NOTES SEPARATION OF 14/ATERAND WASTEWATER LINES UNPA[/EDAREAS PAVED AREAS DESCRIPTION 1 CONSULTANT'S SHEET No. 1. PROPOSED WATER DISTRUBUTION SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH CITY OF CORPUS 1. THE SEPARATION OF WATER AND WASTEWATER LINES AND THE MATERIAL USED SHALL BE IN CHRISTI WATER DIVISION DISTRIBUTION SYSTEM STANDARDS. ACCORDANCE WITH THE "RULES & REGULATIONS FOR PUBLIC WATER SYSTEMS" OF TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND THE CITY WATER DETAILS . SELECT BACKFILL MATERIAL FROM 2. THE CITY RESERVES THE RIGHT TO ACCEPT THE SYSTEM FOR OPERATION AT ANY TIME, BUT THE DATE OF EXCAVATION COMPACTED r0 957 OFFICIAL ACCEPTANCE OF THE SYSTEM WILL BE UPON COMPLETION OF THE PROJECT AND SATISFACTORY 2. WHENEVER WATER & WASTEWATER LINES CROSS, ONE JO/NT OF C900 PVC WATER LINE SHALL BE STD. PROCTOR DENSITY (ASTM TEST RESULTS. CENTERED OVER THE WASTEWATER LINE IN ADDITION TO ANY REQUIREMENTS AS DICTATED BY ITEM 1 D698) SEE TABLE 2 - ITEM A ABOVE . 3. THE EXISTING SYSTEM SHALL REMAIN IN SERVICE UNTIL THE PROPOSED SYSTEM IS PUT INTO SERVICE. TOPSOIL TO BE PROVIDED EQUAL OR BETTER THAN EXIST. (4" MIN. DEPTH) ASPHALT OR CONCRETE PAVEMENT SECTION THE CONTRACTOR SHALL PROTECT THE EXISTING SYSTEM UNTIL IT IS TAKEN OUT OF SERVICE. NOTES; 4. THE CONTRACTOR SHALL FURNISH ALL MATERIAL, LABOR AND EQUIPMENT REQUIRED TO INSTALL THE CONTRACTOR MAY BE REQUIRED BY THE WATER DIVISION INSPECTOR PROPOSED SYSTEM. TO INSTALL CENTERED JOINTS OF DUCTILE IRON PIPE AT WATERLINE CROSSINGS OF EXISTING HAZARDOUS PRODUCT FLOWLINES. e' d 5. TESTING OF LINES (STERILIZATION AND PRESSURED) SHALL BE DONE BY TI -IE CONTRACTOR UNDER THE a a SUPERVISION OF THE WATER DIVISION. WATER FOR FILLING THE NEW WATER LINE AND PERFORMING TESTS `ry `ry�. WILL BE FURNISHED TO THE CONTRACTOR BY THE CITY OF CORPUS CHRISTI THROUGH A STANDARD WATER CONSTRUCTION METER CONNECTION. STANDARD WATER CONSTRUCTION METER AND GAUGE WILL BE PAVED SURFACE BY ALL CURB & GUTTER W W `� CONSTRUCTION TIONT METER. ALL WATER CDISCHARGE MUST BEDDECHLORINATED L INFACCORDANCE WITH TNRCC & BASE MATERIAL a a NPDES REGULATIONS. SUBGRADE ce 2 6. THE CONTRACTOR SHALL RECOVER AND STOCK -PILE AT A LOCATION DESIGNATED BY THE WATER DIVISION i .. N� \\/ / j % % j.� j / �, �.�.�. ♦i � �./..� �.�.�.� ♦.. •.�.�� �•�•�•� \/ // i o M 4Le,., v = a W ��„ CEMENT -STABILIZED SAND (2 SACKS CEMENT/C. Y. OF SAND) COMPACTED TO 2 957 STD. PROCTOR W DENSITY (ASTM 0698) SFE TABLE 2 -ITEM B a a '/// INSPECTOR, ALL FIRE HYDRANTS, VALVES, AND FITTINGS THAT ARE TAKEN OUT OF SERVICE . THESE ''`'/ '// / MATERIALS MAY BE SALVAGED BY THE CITY HOWEVER, ALL ITEMS NOT CLAIMED BY THE CITY PRIOR TO THE ,. SEE NOTES BELOW g g ,///�//,� OO - '••♦ V' o . _. _ i FINAL INSPECTION SHALL BE DISPOSED OF BY THE CONTRACTOR. 7. THE CONTRACTOR SHALL BEAR ALL COST ASSOCIATED WITH WATERLINE REPAIRS (WHICH RESULT FROM 36-' DAMAGE CAUSED BY THE CONTRACTOR) UPON COMPLETION OF PROJECTS. ALL WATER LINES SHALL BE SEE NOTES BELOW TOP OF M c WATERLINE p p <ME / MAGNETIC WARNING TAPE 12" ABOVE PIPE FREE OF ALL PATCHES AND SPLICES./ 8. ALL PHYSICAL TIES OF THE PROPOSED SYSTEM INTO THE EXISTING WATERLINE SHALL BE RECONNECTED AND % BE MADE UNDER SUPERVISION OF THE WATER DIVISION INSPECTOR. THE CONTRACTOR SHALL FURNISH ALL WATERLINE41/N//LfUh1 COVER REQU/RE/LIENTS WATERLINE j �" i SAND ENCASE m 1 I iet'i CITY of CORPUS CHRISTI TEXAS Department of Engineering Services MATERIALS AND ALL EQUIPMENT THAT IS REQUIRED TO MAKE TIE-INS. CITY WATER DIVISION CREWS WILL NOT TO SCALE MAKE TAPS ON CITY MAINS ARRANGED THROUGH WATER DIVISION INSPECTOR (72 HOUR NOTIFICATION). x NOTES. A/ / w o 9. ALL EXISTING SERVICE CONNECTIONS TIED ONTO THE EXISTING WATERLINE SHALL BE RECONNECTED BY THE 1. ALL MAINS IN THE STREET SHALL HAVE A MINIMUM OF 36" OF X/ CONTRACTOR, INCLUDING RELOCATING EXISTING WATER METERS. IT SHALL BE THE CONTRACTOR'S SOLE COVER AND BE 12" MINIMUM BELOW SUBGRADE AT ALL POINTS AND RESPONSIBILITY TO NOTIFY AND COORDINATE WITH THE WATER DIVISION INSPECTOR SAID RECONNECTIONS / HAVE VALVE CLEARANCES IN ACCORDANCE WITH THE VALVE DETAIL. RELOCATIONS IN ADVANCE OF CONSTRUCTION TO AVOID DELAYS. (NO SEPARATE COSTS)X=12" 2. ALL TRANSMISSION MAINS (12" DIAMETER & ABOVE) IN THE STREET 10. MINOR LENGTH OF DUCTILE IRON PIPE ADJACENT TO FITTINGS MAY BE REQUIRED AS DIRECTED BY THE SHALL HAVE 48" OF COVER AT ALL POINTS. WATER DIVISION INSPECTOR BASED ON CONDITIONS ENCOUNTERED IN THE FIELD. THE CONTRACTOR SHALL 3. ALL MAINS NOT UNDER THE STREET SHALL HAVE A MINIMUM OF TYP P/PE TRENCH/NG, USE D.I.P. AS DIRECTED AND SHALL BE PAID AT THE UNIT PRICE BID FOR THE APPROPRIATE SIZE 36" OF COVER AT ALL POINTS. BACKFILL WATERLINE. A MINOR LENGTH IS DEFINED AS A SINGLE LOCATION REQUIRING THE USE OF TWO JOINTS OR / x / FOR / / 6YATERL/NE 1 BEDDING X=8" MIN. FOR PIPES <16" DIA. MIN. FOR PIPES 2 16" DIA. AND z o 95 0 LESS. NOT TO SCALE 11. MINOR ADJUSTMENTS IN THE LOCATIONS OF FITTINGS, VALVES, FIRE HYDRANTS, ETC. CAN BE ANTICIPATED. NOTE: (CONCRETE PAVEMENT ONLY) DESCRIPTION THE CONTRACTOR SHALL MAKE SAID MINOR ADJUSTMENTS AS DIRECTED BY THE ENGINEER AND/OR WATER CONTRACTOR HAS OPTION TO USE CEMENT DIVISION INSPECTOR AT NO INCREASE OF CONTRACT PRICE. WATER DIVISION WILL BE NOTIFIED PRIOR TO STABILIZED SAND OR BACK FILL WITH SELECT ALL CHANGES. BACKFILL MATERIAL 12. ALL NIPPLES BETWEEN FITTINGS AND VALVES ALONG MAINS SHALL BE DUCTILE IRON. GENERAL NOTES FOR BACKFILL 13. ALL DUCTILE IRON PIPES, VALVES, AND FITTINGS SHALL BE WRAPPED WITH (2) THICKNESSES OF 8 MIL. TABLE 1 TABLE 2 CITY OF CORPUS CHRISTI WATER STANDARD DETAILS WATER DISTRIBUTION SYSTEM GENERAL NOTES & BACKFILL AND EMBEDMENT DETAILS 1 OF 4 POLYETHYLENE AND SHALL BE RESTRAINED WITH "MEGALUG'; MECHANICAL JOINT RESTRAINT OR ENGINEER BEDDING AND INITIAL BACKFILL FINAL BACKFILL APPROVED EQUAL AT ALL FITTINGS. CONCRETE THRUST BLOCKS SHALL BE PLACED BEHIND ALL FITTINGS (BELOW PIPE TO 12" ABOVE PIP (GREATER THAN 12" ABOVE PIPE) EXCEPT WHERE LOCKING OR SWIVEL FITTINGS ARE UTILIZED, UNLESS OTHERWISE SPECIFIED BY THE WATER DIVISION ENGINEER. UNPAVED AREAS PAVED AREAS 14. ALL OFFSETS ARE TO BE DUCTILE IRON PIPE ASSEMBLIES LOCKED TOGETHER BY RETAINER GLANDS. DUCTILE IRON BENDS SHALL BE UTILIZED FOR ANY CHANGES IN ALIGNMENT OR GRADE. 15. IF A WATER LINE IS TO BE ABANDONED, THE CONTRACTOR WILL FILL WITH CONTROLLED LOW STRENGTH MATERIAL, "DARAFILL" BRAND OR ENGINEER APPROVED EQUAL, VALVES WILL BE REMOVED OR FILLED ASIMPORTED REQUIRED BY WATER DIVISION INSPECTOR. ALL BEDDING AND INITIAL BACK FILL SHALL CONSIST OF THE FOLLOWING OR REFER TO DESIGN ENGINEER REQUIREMENTS: GRANULAR BACKFILL CONSISTING OF EITHER NATURAL SAND OR SANDY GRAVEL, OR MATERIAL PRODUCED BY CRUSHING OF NATURAL STONE OR GRAVEL. wnrER LINES: 1. EXCAVATIONS <20F7. DEEP AND ABOVE WATER TABLE, USE A. FOR 12" ABOVE PIPE TO BOTTOM OF TOPSOIL BACKFILL SHALL BE APPROVED SELECT MATERIAL FROM THE EXCAVATION; OR MATERIAL; ALL TO BE ANU , DEBRIS, OR ANYY CLLUMPPSS GREATER THAN 2" IN DIAMETER; A. FOR 12" ABOVE PIPE TO 3' BELOW BOTTOM OF ROAD BASE: BACKFILL SHALL BE SELECT MATERIAL FROM EXCAVATION OR TO BE IMPORTED MATERIAL IN EITHER CASE, ALL MATERIAL SHALL MEET THE FOLLOWING: LL<35 PI 8-20 16. CONTRACTOR SHALL COORDINATE WITH WATER DIVISION INSPECTOR AND NOTIFY ALL AFFECTED CUSTOMERS 24 HOURS PRIOR TO KILLOUT OF EXISTING WATER SYSTEM. 17. WATER DISTRIBUTION SYSTEM STANDARDS CALL FOR MAXIMUM 48" COVER ON WATERLINES. WHEN DEPTHS EXCEED 48" COVER TO AVOID OBSTRUCTION, THE USES OF BENDS COULD BE REQUIRED. 18. CONTRACTOR SHALL KEEP ALL EX/ST/NG VALVES ACCESS/BLE DURING ALL PHASES OF CONSTRUCTION. 19. ALL NEW WATER MAINS SHALL BE INSTALLED SO THAT PIPE IDENTIFICATION MARKINGS ARE LOCATED ON THE TOP OF THE PIPE. 20. ALL SERV/CE LINES UNDER PAVEMENT SHALL BE ONE INCH, INSIDE DIAMETER, MINIMUM. MATERIAL MEETING THE FOLLOWING CRITERIA. MEETING REQUIREMENTS OF ASTM D2487 FOR: SSP GP W GW SP -SM GP -GM SW -SM GW -GM AND IN ADDITION: PASSING 1/2" SIEVE - 1007 PASSING /4 SIEVE - 307 MIN/MUM PLASTICITY INDEX (PI) - NP TO 10 MAX. 2. IN DEEP EXCAVATIONS (>20') OR BELOW WATER TABLE, USE CRUSHED STONE OR CRUSHED GRAVEL MEETING GRADATION OF:: LOOSE LIFTS TO BE PLACED 10" MAX COMPACT MATERIAL TO 957 STD. PROCTOR (0698). MOISTURE TO BE ADJUSTED 70 t 37 OF OPTIMUM. B. TOPSOIL i0 BE PROVIDED EQUAL OR BETTER THAN EXISTING; AND MATCH EXISTING TOPSOIL DEPTH. COMPACT TO FIX CONFLICT TO EXISTING ADJACENT NO CLUMPS > 2" DIA. MOISTURE 0 TO +37 COMPACT 957 D698 STD PROCTOR ELECT MATLOOERE LIFTS FROM XC MAXTIOR IF SNOT MATERIAL EXCAVATION DOES N07 MEET REQUIREMENTS, THEN USE CEMENT STABILIZED SAND SEE TABLE 2 -/TEM B BELOW (OR PER DESIGN ENGINEER) B. FOR 3' BELOW BOTTOM OF ROAD BASE TO BOTTOM OF ROAD BASE: BACK FILL SHALL BE CEMENT STABILIZED SPEC/AL NOTE A. CONCRETE COARSE AGGREGATE; TxDOT ITEM 421; GRADE 2, 3, TOPSOIL. (CONSTRUCTION i0 BE PERFORMED BY "DOUBLESAND (2 SK/C.Y.) AND SHALL MEET THE FOLLOWING REQUIREMENTS: OR 4. DITCH" METHOD TOP SOIL SALVAGEDi0 BE PLACED ON SAND GRADATION: ENGINEER SHALL CONTACT THE UTILITY DEPARTMENT TOP) 7 PASSING FOR WATER VAULT DESIGN COORDINATION. /4 55-100 CO/40 /10 40-100 25-100 /200 10-20 PI NP -10 (OR AS PER DESIGN ENGINEER) COMPACT TO 957 OF 0698. MOISTURE TO BE ADJUSTED TO (+/-27) OF OPTIMUM. o SHEET of RECORD DRAWING NO. I REVISION NO. CITY PROJECT # PUMPER CONNECTION FIRE HYDRANTS: 8 1/2" DESCRIPTION 1 CONSULTANT'S SHEET No. TO FACE CURB 1. DRAINAGE BED SHALL CONSIST OF CRUSHED STONE OR COARSE GRAVEL W/ COARSE SAND, MIN. VOLUME 7 CU. FT., 7 1/4„ 2 1/4" :,,,,,2 N iii DRAIN BED SHALL EXTEND A MIN. 6" ABOVE GRAIN OUTLET. 1/4 R 7 1/8" N i y y y 0 `-'I 2. ALL FIRE HYDRANT FITTINGS SHALL BE LOCKED TOGETHER BY 1 LOCKING RETAINER GLANDS.1. N BURY LINE SHALL TOP OF VALVE BOX SHALL B£ SET TO PROPOSED 3. FIRE HYDRANT TO BE BLOCKED AGAINST FIRM SOIL AS SHOWN. e VI MATCH N.G.+I Il 18 FINISHED GROUND GRADE 4. ALL HYDRANTS SHALL BE INSTALLED PLUMB 1 1/2" / A III�4 I. MIN. 5. LARGE NOZZLE FACES ROAD, UNLESS OTHERWISE NOTED. 1/2" 6" DIA. SIDEWALK ^ I� CURB & GUTTER ROTATE BARREL AS REQUIRED. 6. HYDRANT SHOULD NOT BE SET CLOSER THAN 4' TO 1 �y/ i _ r 1/4" R i P OBSTRUCTIONS THAT ARE IN LINE WITH NOZZLE. l/2 VA �A // / // , Y ///.y S 7. FIRE HYDRANT SHALL BE SET TO MANUFACTURER'S BURY LINE o 1"� WRAP BARREL AND ALL DUCTILE j '� T „■ AT PROPOSED/EXISTING GRADE PLUS 1". 8. /60 TAPS ARE TO BE MADE ON F/RE HYDRANT LEAD. 1 IRON FITTINGS AND NIPPLES IN VALVE BOX - CAST DOUBLE THICKNESS OF 8 MIL. POLYETHYLENE ��� . IRON - - DR NOT BLOCK BARREL 3/8" DRAIN HOLES ^ _ 10 1/4" LD. 6" MIN. ~ D 111111 1 O MIN. R/ETAINERRGNLAT NDS 3000 PSI CONCRETE COLLAR PAVED STREET 4" MIN. WATER LINE SURFACE 6"x18" D.I. SOLID BRICK OR CONCRETE SWIVEL NIPPLE HOT MlX EXTENSION DETAIL PLACE 2' x 2' x 6- CONCRETE BLOCK. SUPPORT SHALL BE AT THE ������� 20" MIN. BOTTOM OF THE HYDRANT. I FINISHED 7 1/4" NOT TO SCALE I GRADE �--y DRAINAGE BfD1 2 * NOTE; I � //y/iCy/%/�>//A,// BOTTOM OF SUBGRADE a, :.: 2 � 10 1/4 ' .f %/W%//•Y/A%/ 3000 PSI / CONC. COLLAR - . e � _ Y m 1 CITY of CORPUS CHRISTI TEXAS Department of Engineering Services 1. ANYTHING LESS THAT 20' WILL BE DUCTILE IRON LOCKED TO THE VALVE. 2. ANYTHING MORE THAN 20' SHALL REOUIRE CONCRETE THRUST BLOCK BEHIND HYDRANT AGAINST UNDISTURBED SOIL. I 1 1 B 'o = �5 • L2„ 0 TYPICAL '- g o W IVa. al" B FOR 6" DIA. - 19" 2 e. m j RISER SHALL BE DUCTILE OR CAST IRON OR PVC AS " 1 " I CEMENT / SAND BACKFILL 1 1/2 � .} FOR 8" D14.- 23 1/8" FOR 10 DIA. - 27 3/8" Z p 1 o� p Ib w o PROVIDED BY SACK / C.Y.FOR 12' DIA.- 30 3/8" na i 2 MANUFACTURER V FIRE HYDRANTASSEMBLY DETA/L /TYPE 1) 8" PVC - -� �- NOT TO SCALE Ci z z N II I PLACE 2' x 2' x 6" I CONCRETE BLOCK. \ O PLACE 2' x 2' x 6" CONCRETE BLOCK. L/'I\ DESCRIPTION //AL L/EBOXDETA/L L/AL L/EBOXDETA/L % �' CJa PAVEMENT 0NATURAL GROUND k. " PUMPER CONNECTION TO FACE CURB NOT TO SCALE NOT TO SCALE ALL VALVES SHALL BE HOUSED IN APPROVED VALVE BOXES 112' yr .111 WRAP BARREL AND ALL DUCTILE VV . 14. TOP OF VALVE BOX SHALL BE SET TO PROPOSED PICK NOTCH FINISHED GROUND GRADE CITY OF CORPUS CHRISTI WATER STANDARD DETAILS FIRE HYDRANT, VALVE BOX AND LID 2 OF 4 IRON FITTINGS AND NIPPLES IN DOUBLE THICKNESS OF 8 MIL. NOT TO SCALE I POLYETHYLENE 1 STREET SIDE w v v v� MIN. , ,. - �` eo °• CURB AND GUTTER o ° ° o N TO BE CITY OF CORPUS CHRISTI i .° - .. e.° a .. a �. PATTERN VALVE BOX f� 6"x18 D.I.SOLID SWIVEL NIPPLE 2 DRAINS HOLES= 8x8 x6" D.I. TEE (M.J.) \ OR 6" AS REOU/RED PUMPER NOZZLE le 6" GATE VALVE \\\ PERPENDICULAR ~ �� ' r TO CURB 6" MIN. �- 6" 90' DJ. BEND L` SW) Illiell 11111 (SW x F I/ 't_ F t ti� FIRE HYDRANT (kJ.) o ..:._ -...._ - - J D.l BEND WATER MAIN \6"-90• 4" MIN. (SW x SW) (BEHIND HYDRANT) �_ 1 A 7 1/8" V WATER MAIN D.I. M.J. TEE W/ 6" BRANCH r 1 PICK NOTCH PLACE 2' x 2' x 6" CONCRETE BLOCK. e0 "', BRICK OR CONCRETE " . 6" GATE �'(' 0 SUPPORT SHALL BE AT THE a . 2 VALVE (M.✓.) " a 3 e BOTTOM OF THE HYDRANT O 'N \ / ! 1 1/4" R (TYP.) SIDEWALK y a 6"x18" D./. SOLID y 2 N CAST IRON 6 Co- DRAINAGE BED SWIVEL NIPPLE ¢ O * NOTE; . ° 3/8" ..[ 1/16" 1. ANYTHING LESS THAT 20' WILL BE DUCTILE IRON LOCKED TO THE VALVE. 5 1/4" 2. ANYTHING MORE THAN 20' SHALL REQUIRE CONCRETE THRUST BLOCK o BEHIND HYDRANT AGAINST UNDISTURBED SOIL. PROPERTY LINE L/DDETA/L SHEET 0f NOT TO SCALE FIRE HYDRANT ASSEMBLY DETA/L /TYPE 2) WATER LINE BEHIND CURB F/RE HYDRANT ASSEMBLY DETA/L /TYPE 2) RECORD DRAWING NO. I REVISION NO. NOT TO SCALE NOT TO SCALE CITY PROJECT i STEEL SPACER BODY WITH LOCKING RING CASING PIPE �'a. CASING SPACERS �� EXISTING PIPE _ _ WITH LOCKING RING EXISTING PIPE DESCRIPTION 1 CONSULTANT'S SHEET No. r4. _ A. ALL CARRIER PIPE IN CASING INSTALLED BY JACKING OR RASMANU----ING- �/� j//"I,;;;•.•� SHALL BE SUPPORTED BY ABY DVANCE PRODUCTS IE CASINOR ENC/N£ERSPACERS, EQUAL. REMOVE ONE JOINT OFq `� 410 `4%APPROVED WELDED STEEL OR CAST POLYETHYLENE RUNNER SUPPORT -� _ CARRIER PIPE j� / B. CASING SPACERS FOR PIPE INSTALLED IN CASING SHALL HAVE A EXISTING PIPE AND / POLYMER PLASTIC RUNNERS 1 - FUSION BONDED EPDXY CARBON STEEL BODY, NEOPRENE OR PVC REPLACE WITH D.I. 1/2" HIGH x 1" WIDE (TYP.) LINER. STEEL SUPPORTS AND U.H.M. W. POLYETHYLENE RUNNERS. PIPE •�� _ 78" MIN. + __ REMOVE ONE JOINT OF O�Q EXISTING PIPE AND V•• REPLACE WITH Di C THENG CARRIERERS SHALL PIPE BARRIER 0E .0. AND SHALLZED TO RELY FASTEN BE FURNIISHOD WITHN D45' BEND D.I.P.* �• / A MINIMUM RUNNER HEIGHT TO PREVENT THE PIPE FROM RESTING •••i•��4,�igilo/ OR 1. ADDITION/NG NG ON /OF SPACERS TS JOINTS SHOULD ENSURE ING THE LTHATNTHE CARRIER WITH LOCKING RING • ALL BENDS PIPE IS ADEQUATELY SUPPORTED THROUGHOUT ITS LENGTH. PIPE INSULATION DETAIL 2. SPACERS AT EACH END SHALL NOT BE FURTHER THAN 6" * ALL FITTINGS SHALL BE RESTRAINED BY 3 INSULATORS FROM THE END OF CASING REGARDLESS OF SIZE OF CASING MECHANICAL JOINT RESTRAINT DEVICE DIP �" TO BE MECH. JOINT WATERLINE 45' BEND D.I.P. • FITTING WITH LOCKING RING ADJUSTMENT DETAIL NOT TO SCALE PER JOINT AND CARRIER PIPE OR TYPE OF SPACER USED. "MEGALUG" AS INDICATED BY PLANS AND RECOMMENDED SPECS., OR ENGINEER APPROVED EQUAL, NOT TO SCALE D. FOR PIPE WITH MECHANICAL JOINTS, FLANGES OR BELL AND SPIGOT JOINTS, CASING SPACERS SHALL BE INSTALLED WITHIN ONE AND CONCRETEDBYWA THRUST DIVISIONSAS FOOT ON EACH SIDE OF THE BELL OR FLANGE AND ONE IN THE DESIGNATED WATER INSPECTOR NOTE: CASING PIPE CENTER OF THE JOINT WHEN 18 TO 20 FOOT LONG JOINTS ARE SEE /18 UNDER GENERAL NOTES USED. MAXIMUM SPACING FOR SPACERS IS 12 FEET. 12' MAX. DISTANCE CARRIER PIPE SEAL ENDS OF CAS/NG WITH MANUFACTURED BETWEEN SPACERS S CASING END SEAL, SUBJECT TO ENGINEER'S Y APPROVAL. ,,,,Y ,Li ,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, , CASING SPACER SHOULD BE SPACED A MAXIMUM ` 1ST SPACER OF ONE FOOT FROM EACH SIDE OF JOINT 1 B.O.C. INSULATOR SPACING DETAIL S L �\ NOT TO SCALE —k'_ P.C. I 7 L — • - SECURE WITH APPROPRIATE SIZE ALL- THREADS RODS AT BOTH ENDS OF CASING. CO 1 I iet'i CITY of CORPUS CHRISTI TEXAS Department of Engineering Services AVE VA KP) -CO in 2, GATE COPPER MAIN 55 CAP (TyP.) 2 WOR 2' BRP 510P RATION �nP.) BRASS tEE 7 GDRPD PPER' TSE K B.O.C. P.C. 2 GD —\ Jr NOTE: CASING SHALL BE STEEL. TYP/CAL CAS/NO DETAIL o "!///� �, �7/ a/ICE �,pDLE�� // - e \ NOT TO SCALE o z 0 N r: 2' SE COPPER• 2" BRASS TUBING 1 1 2. %PIPE 0 TO NOM IRONPDAP ORA55 VALVES SHALL BE NOTE: CURVATURE (P.C.) MANIFOLDS LARGER THAN SIX CONNECTIONS WILL REOUIRE APPROVAL FROM THE CITY OF CORPUS CHRISTI WATER DEPARTMENT FOR ANOTHER WATER TAP AND SERVICE. TYP/CAL VAL THREE TO S/X WATER CONNECTIONS AT INTERSECTIONS INSTALLED AT THE OF THE CURB VEINSTALLATION 1 1 POINT OF WHENEVER POSSIBLE. DESCRIPTION NOT TO SCALE NOT TO SCALE CITY OF CORPUS CHRISTI WATER STANDARD DETAILS ADJUSTMENTS, CASING DETAILS, RISER DETAILS & TYP. VALVE LAYOUT 3 OF 4 TEST RISER ASSEMBLY CONTRACTOR TO INSTALL 2" BRASSSTREET ELBOW IIIIIII� TEST AT 150 PSI FOR 2Ng EXISTING MAIN I 2" BR4SSSTREET ELBOW HOURS 2"x12" BRASS NIPPLE FOR SAMPLES E 2 x 12" BRASSE. NIPPLE FOR SAMPLES 2" RISER ASSEMBLY /� 2" BRASS CAP 2" VALVE 2" PLUG RISER 2" VALVE f l� 2" ASSEMBLY LOCATION OF THE + GAP SHALL 12" MIN. BE APPROVED BY THEHE WATER DIVISION 12" MIN. 36" MAX. 36" MAX. ., A/,4' Y�"'� �� �'� " 1. HYDROSTATIC TEST: WATER FOR FILLING THE NEW WATER LINE AND PERFORMING TESTS WILL� BE FURNISHED TO THE CONTRACTOR BY THE CITY OF CORPUS CHRISTI THROUGH A STANDARD CONSTRUCTION METER CONNECTION. STANDARD WATER CONSTRUCTION METER AND WRAP IN 2" GALV. PIPE 2x 1 BRASS TEE FOR 1" SERVICE TOLOTS WATER GAUGE WILL BE SUPPLIED BY THE CITY AFTER THE CONTRACTOR HAS PAID ALL APPLICABLE 2" GALV. PIPE FEES FOR THE WATER CONSTRUCTION METER. THE TEST PUMP WITH APPROPRIATE CONNECTION POINTS AS APPROVED BY THE WATER SUPERINTENDENT FOR THE INSTALLATION OF METER AND GAUGE SHALL BE FURNISHED BY THE CONTRACTOR. THE METER SHALL BE DIRECTLY CONNECTED TO THE MAIN OR PIPE BEING TESTED BY THE USE OF COPPER TUBING OR AN PLASTIC -- 2x12" BRASS NIPPLE LOTS APPROVED REINFORCED HOSE. THE METER SHALL BE PROTECTED AGAINST EXTREME PRESSURES BY THE USE OF A ONE (1") INCH SAFETY RELIEF VALVE SET AT THE TEST2" COUPLING WRAP IN PLASTIC PRESSURE PLUS TEN POUNDS PER SQUARE INCH AND FURNISHED BY THE CITY (48 HOURS 2" COUPLING ■ ■ 2x12" BRASS NIPPLE NOTIFICATION). 2. BACTERIOLOGICAL TEST: CONTRACTOR SHALL FURNISH AND INSTALL TEST RISER ASSEMBLY. 1111 MEP m AFTER BACTERIOLOGICAL SAMPLE PASSES TEST CONTRACTOR SHALL REMOVE TEST RISER 2" BRASS "K" ASSEMBLIES AND TIE NEW SYSTEM TO EXISTING UNDER THE SUPERVISION OF THE WATER DIVISION INSPECTOR. CONTRACTOR SHALL FURNISH ALL MATERIALS, LABOR AND EQUIPMENT THAT REOUIRED TO TIE CONNECTION. CONTRACTOR COORDINATE STREET ELBOW 2" TYPE COPPER o IS MAKE / WILL SCHEDULE & WITH WATER DIVISION INSPECTOR ON DATE & TIME OF TIE-IN. (24 HOURS NOTIFICATION) AND HARDWARE GASKET, I 1111 \\\VOP o SHEET of 3. CONTRACTOR SHALL FURNISH AND INSTALL TAPPING SLEEVE OR SADDLE AND TAPPING GATE NOTE: NOTE: VALVE AND VALVE BOX COMPLETE. CITY TO MAKE TAP (72 HOURS NOTIFICATION) AFTER BACTERIOLOGICAL SAMPLE PASSES CONTRACTOR WILL REMOVE RISER ASSEMBLY TEST, CONTRACTOR WILL REMOVE RISER AND INSTALL 2" BRASS PLUG ON 2x7" DETAIL 'A" ASSEMBLY AND INSTALL 2" BRASS CAP DETAIL .B.. BRASS TEE AFTER SAMPLE PASSES DETAIL "C" TEST RISER ASSEMBL YCONNECT/ON TEST RISER ASSEMBLY TEST RISER ASSEMBLY 2" BRASS 90^. ELBOW RECORD DRAWING N0. I REVISION NO. NOT TO SCALE NOT TO SCALE NOT TO SCALE FURNISHED AND INSTALLED BY CONTRACTOR FURNISHED AND INSTALLED BY CONTRACTOR CITY PROJECT / 2' DESCRIPTION 1 CONSULTANT'S SHEET No. 2,. NEE; 11 1" USED BY CONTRACTOR FOR CURB AND GUTTER SIDEWALK ► 7'-0" MIN. PRE-SET TAP LOCATION IN � ', 1111.1111111.1.11.11.111 2' NEW SUBDIVISION. idi r //ton rn e �- r 1 2 1-3/8"s. A 1/4"(TYP.) METER BOX (BY CITY) SIDEWALK INSTALL "W" IN CONC. CURB HERE CURB AND GUTTER PROPERTY LINE : IN _ . Y\\moi\Vi\\�\\ \\moi a ¢ W•WAVAWAW DO NOT MARK TYPICAL • .. �I IN THIS AREA "L" CURB & ONE PIECE SDR9 POLYETHYLENE TUBING OR TYPE K COPPER, 3/4" OR 1" AS REQUIRED (CONTINUOUS FROM MAIN TO METER) ANGLE METER VALVE OR BRANCH VALVE ASSEMBLY (ENCLOSE WITH POLYETHYLENE) PROPERTY LINE c °f �. -�� METER BOX BY CITY 1/4 j \C """/ LAY -DOWN CURB CORPORATION STOP . I I 0' - 45' FROM HORIZONTAL :II ANGLE METER VALVE OR BRANCH VALVE ASSEMBLY (ENCLOSE WITH POLYETHYLENE) / RAISED LETTER "W" I SERVICE SADDLE—BRASS / BRONZE 45 / BRASS '74," OETA/L MARKER L OCAT/ON �fri i / (USE ON PVC PIPE) ONE PIECE SDR9 POLYETHYLENE TUBING OR WATER MAIN `, TYPE K COPPER, 3/4" OR 1" AS REQUIRED (CONTINUOUS FROM C -STOP TO METER VALVE) r�•`O PRE-SETSERV/CELINE MAR/KERDETAILS SERL//CEI�Y/THS/DEl�Y.4L/( SERVICE TEE �I�� 1 CORPORATION STOP NOT TO SCALE NOT TO 2' SCALE WATER MAIN ��� 2" TYP/CAL CUL—DE—SAC SERV/CE CURB AND GUTTER NOT TO SCALE SERVICE LINE /19ATER/ALS Y 1 CITY of CORPUS CHRISTI TEXAS Department of Engineering Services �- , �- \� 2" SDR9 POLYETHYLENE //essab- rnTUBING \� OR TYPE K COPPER METER BOX (BY CITY) 2" COUPLINGS SERVICE CLAMPS ! ,17 IN: - PROPERTY LINE (COMP. FITTING X MIP) FOR 3/4", 1", 1 1/2" I.P. THREAD TAPS FOR 6" MAINS; 2" I.P. THREAD CLAMP TAP CONNECTION THRUST BLOCK SHALL BE INSTALLED i ALLOWED FOR 8" AND LARGER MAINS. AS DESIGNATED BY WATER DIVISION 41a CORPORATION STOPS INSPECTOR. MECHANICAL JOINT PIECE SDR9 POLYETHYLENE TUBING OR TYPE K COPPER, 3/4" OR 1" AS REQUIRED (CONTINOUS FROM MAIN TO METER) ANGLE BRANCH (ENCLOSE METER VALVE 01 VALVE ASSEMBLY WITH POLYETHYLENE) p RESTRAINT DEVICE "ME" 01?ONE APPROVED EOUAL, SHALLLUGBE USED. /�ll, WITH CLAMP -1 CORPORATION SAND 2"ETOPIRED REQUIRED AT ALL SERVICEWITH LP. L AET PS.Y COPPER COMPRESSION OUTLET 2" BRASS TEE ONE PIECE SDR9 POLYETHYLENE TUBING OR TYPE K COPPER 0 N = CORPORATION STOP /4 2" SDR9 POLYETHYLENE � REOUIRED FOR ALL SERVICE LINES BETWEEN MAIN TO METER - SIZES REQUIRED 3/4", 1", 1 1/2", TUBING OR TYPE K �70,2 X 12 BRASS NIPPLE AND 2" (NO SPLICES ALLOWED) COPPER / e ®� ANGLE METER STOP 0' - 45' FROM / HORIZONTAL 0.4. I REOUIRED AT ALL METERS - SIZES 3/4" & 1" - INSTALL 3/4" UNLESS DIRECTED OTHERWISE - COPPER COMPRESSION W/CLAMP INLET BY METER COUPLING NUT OUTLET. DESCRIPTION r1�� \ \ 2" BRASS 90' METER (BY OTHERS) 1 SERVICE SADDLE -BRASS / BRONZE STREET ELL METER ADAPTER AND CHECK VALVE (BY OTHERS) 0 / (USE ON PVC PIPE) _ �' REQUIRED AT ALL METERS - SIZES 3/4" & 1" - INSTALL 3/4" UNLESS DIRECTED OTHERWISE - WATER MAIN SERV/CE WITHOUT SIDEWALK 6" PVC WATER MAIN 6" MJ CAP AND RING (DRILL METER NUT INLET BY 3/4" MALE I.P. OUTLET. AND TAP FOR 2" MIP) NOTE: ADAPTER COUPLING (BY OTHERS) REOUIRED AT ALL METERS - 3/4" & 1" - FEMALE I.P. BY PVC COMPRESSION. CITY OF CORPUS CHRISTI WATER STANDARD DETAILS MAIN TO SERVICE DETAILS AND OTHERS 4 OF 4 NOT TO SCALE NO MORE THAN 3 LOTS SHALL BE SERVED PER LEG. METER BOX 12" 12" TIED TYPICAL CONNECT/ONDETA/L CAST IRON W/ HOT TAR DIP SHALL BE PROVIDED BY THE CONTRACTOR FOR 3/4" METER SETTINGS, IF SIDEWALK CURB AND GUTT[ I 2" EXISTING STRUCTURE DOES NOT HAVE ONE. BOXES FOR LARGER (1" & UP) METER SETTINGS SHALL NOT TO SCALE BE FURNISHED BY THE CITY. 7 BRASS FITTINGS i�1 BRASS FITTINGS SHALL COMPLY WITH A.W.W.A. C800-66 AND BE WRAPPED /N POLYETHYLENE. /M///CJ'/// ////�'//a,i= //�'/%W ///, ^t' ` ��// ,\ A.40 '1••:,0 ANGLE METER VALVE (COMP FITTING x CONCRETE FILL 1�° WITH RADIUS TOP METER BOX V�•ANGLE r� METER COUPLING NUT) PROPERTY LINE - METER VALVE OR 1 1 �' r� 1 1 - 6" GALV. OR STEEL PIPE CORPORATION STOP BRANCH VALVE ASSEMBLY (ENCLOSE WITH POLYETHYLENE) 4111. ONE PIECE SDR9 POLYETHYLENE TUBING OR TYPE K COPPER, 3/4" OR 1" AS REQUIRED 4, CONTINUOUS FROM MAIN TO ( METER) 2" SDR9 POLYETHYLENE PAVEMENT TO BE PRIMED & PAINTED WITH RUST -RESISTANT RED -REFLECTIVE PAINT �`�7 O' - 45' FROM HORIZONTAL TUBING TYPE K ,. �� ,lik 11 SERVICE SADDLE -BRASS / BRONZE CJI 'O CORPORATION STOP \ ,� `- . �� As EARTH (USE ON PVC PIPE) I.P.T. x COMP FITTING "1 \ )) \~ WATER MAIN - - (3/4" OR 1') 2" SDR9 POLYETHYLENE SERV/CE WITH S/DE`YAL/( TIED TO CURB TUBING OR TYPE K / COPPER CT (� Cr \ 1 •_6" 3000 PSI CONCRETE m NOT TO SCALE C��- NOTES: - ,, ,SHEET 1. IF THERE IS LESS THAN 2' FROM BACK 3. THE WATER DIVISION WILL APPROVE ANY TEE NOTE; OF SIDEWALK TO PROPERTY LINE, THE PLACEMENT OF A SERVICE LINE INA COMP FITTING x COMP FITTING x I.P.T. DO NOT PLACE BOLLARD IN METER BOX SHALL BE PLACED 1' BEHIND TIEDISID£WALK SITUATION. (2•) (2') (3/4" OR 1" FRONT OF HOSE OUTLETS PROPERTY LINE AND UTILITY EASEMENT AS REQUIRED) WILL BE REQUIRED. BOLLARD DETAIL 2. IF THEREMORE THAN FROM BACK of RECORD DRAWING NO. I REVISION NO. TYP/CAL CONNECT/ON OF SIDEWALK TO PROPERTYTY LINE, THE NOT TO SCALE METER BOX SHALL BE PLACED BEHIND CITY PROJECT i SIDEWALK. NOT TO SCALE SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS DESCRIPTION I CONSULTANT'S SHEET No. PROJECT LIMITS• SOIL STABILIZATION PRACTICES: TEMPORARY SEEDING OTHER EROSION AND SEDIMENT CONTROLS: MAINTENANCE PERMANENT PLANTING, SODDING, OR SEEDING PROJECT DESCRIPTION. MULCHING SOIL RETENTION BLANKET BUFFER ZONES PRESERVATION OF NATURAL RESOURCES OTHER INSPECTION STRUCTURAL PRACTICES: SILT FENCES MAJOR SOIL DISTURBING ACTIVITIES HAY BALES ROCK BERMS WASTE MATERIALS DIVERSION, INTERCEPTOR, OR PERIMETER DIKES DIVERSION, INTERCEPTOR, OR PERIMETER SWALES DIVERSION DIKE AND SWALE COMBINATIONS PIPE SLOPE DRAINS PAVED FLUMES ROCK BEDDING AT CONSTRUCTION EXIT TIMBER MATTING AT CONSTRUCTION EXIT CHANNEL LINERS SEDIMENT TRAPS SEDIMENT BASINS HAZARDOUS WASTE (INCLUDING SPILL REPORTING): STORM INLET SEDIMENT TRAP m CITY of CORPUS CHRISTI TEXAS Department of Engineering Services STONE OUTLET STRUCTURES CURBS AND GUTTERS STORM SEWERS VELOCITY CONTROL DEVICES EROSION CONTROL LOGS 0 OTHER: DESCRIPTION I REVISION NO. NARRATIVE — SEQUENCE OF CONSTRUCTION (STORM WATER MANAGEMENT) ACTIVITIES: SANITARY WASTE. OFFSITE VEHICLE TRACKING: HAUL ROADS DAMPENED FOR DUST CONTROL TOTAL PROJECT AREA: TOTAL AREA TO BE DISTURBED• LOADED HAUL TRUCKS TO BE COVERED WITH TARPAULIN WEIGHTED RUNOFF COEFFICIENT: (AFTER CONSTRUCTION)• EXCESS DIRT ON ROAD REMOVED DAILY CITY OF CORPUS CHRISTI STORM WATER POLLUTION PREVENTION PLAN NOTES 1 of 3 STABILIZED CONSTRUCTION ENTRANCE OTHER EXISTING CONDITION OF SOIL & VEGETATIVE COVER AND % OF EXISTING VEGETATIVE COVER: REMARKS: NAME OF RECEIVING WATERS STORM WATER MANAGEMENT: PERMITS: CONTRACTOR SHALL UTILIZE THE STORM WATER POLLUTION PREVENTION PLAN AND SHALL OBTAIN ALL PERMITS AND FULFILL ALL PERMIT REQUIREMENTS, INCLUDING FEES, FOR T.C.E.Q. GENERAL PERMIT NO. TXR 150000 RELATING TO DISCHARGES FROM CONSTRUCTION ACTIVITIES. THESE ACTIVITIES INCLUDE, BUT ARE NOT LIMITED TO NOTICE OF INTENT (NO1, REQUIRED SITE POSTINGS AND NOTICE OF TERMINATION (NOT). ALL ACTIVITIES WILL BE PERFORMED AT THE MILESTONES REQUIRED BY THE T.C.E.Q. NO SEPARATE PAYMENT WILL BE MADE FOR SUCH PERMITS. CO 1±1 L' SHEET of RECORD DRAWING NO. 0 z z 0 N CITY PROJECT # Stormwater Pollution Prevention — Clean Water Act Section 402 III. Cultural Resources VI. Hazardous Materials or Contamination Issues DESCRIPTION I CONSULTANT'S SHEET No. TPDES TXR 150000: Stormwater Discharge Permit or Construction General Permit required for projects with 1 or more acres distrubed soil. Projects with any disturbed soil must protect for erosion and sedimentation. ❑ No Action Required ❑ Required Action Action No. 1. Prevent stormwater pollution by controlling erosion and sedimentation in accordance with TPDES Permit TXR 150000 2. Comply with the SW3P and revise when necessary to control pollution or required by the Engineer. 3. Post Construction Site Notice, (CSN) with SW3P information on or near the site, accessible to the public and TCEQ, EPA or other inspectors. 4. When Contractor project specific locations (PSL's) increase disturbed sot area to 5 acres or more, submit NOl to TCEQ and the Engineer.5 Work in or near Streams, Waterbodies and Wetlands Clean Water Act Sections 401 & 404 In the event historical issues or archeological artifacts (bones, burnt rock, flint, pottery, etc.) are found during construction, cease work in the immediate area and contact the Engineer immediately. ❑ No Action Required ❑ Required Action Action No. 1. 2. 3. 4. IV. Vegetation Resources General (applies to all projects): Comply with the Hazard Communication Act (the Act) for personnel who will be working with hazardous materials by conducting safety meetings prior to beginning construction and making workers aware of potential hazards in the workplace. Ensure that all workers are provided with personal protective equipment appropiate for any hazardous materials used. Obtain and keep on—site Material Safety Data Sheets, (MSDS) for all hazardous products used on the project, which may include, but are not limited to the following categories: Paints, acids, solvents, asphalt products, chemical additives, fuels and concrete curing compounds or additives. Provide protected storage, off bare ground and covered, for products which may be hazardous. Maintain product labelling as required by the Act. Maintain an adequate supply of on—site spill response materials, as indicated in the MSDS. In the event of a spill, take actions to mitigate the spill as indicated in the MSDS, in accordance with safe work practices, and contact the District Spill Coordinator immediately. The Contractor shall be responsible for the proper containment and cleanup of all product spills. Contact the Engineer if any of the follwing are detected: *• Dead or distressed vegetation (not identified as normal) *• Trash piles, drums, canister, barrels, etc. *Undesirable smells or odors :• • Evidence of leaching or seepage of substances Any other evidence indicating possible hazardous materials or contamination discoverd on site. Hazardous Materials or Contamination Issues Specific to this Project: ❑ No Action Required ❑ Required Action Action No. 1. 2. 3. 4. VII. Other Environmental Issues Preserve native vegetation to the extent practical. 111 No Action Required ❑ Required Action Action No. 1. 2. 3. 4. V. Federal Listed, and Proposed Threatened and Endangered Species, Critical Habitat, State Listed Species, Candidate Species and Migratory Birds. No Permit Required USACE Permit required for filling, dredging, excavating or other work in any water bodies, rivers, creeks, streams, wetlands or wet areas. The Contractor must adhere to all of the terms and conditions associated with the following permit(s): ❑ ❑ Nationwide Permit 14 — PCN not Required (less than 1/10th acre waters or wetlands affected) ❑ Nationwide Permit 14 — PCN Required (1/10 to <1/2 acre, 1/3 in tidal waters) ❑ Individual 404 Permit Required ❑ Other Nationwide Permit Required: NWP# m i CITY of CORPUS CHRISTI TEXAS Department of Engineering Services o 0 z 0 m Required Actions: List waters of the US permit applies to, location in project and check Best Management Practices planned to control erosion, sedimentation and post—project TSS. 1. 2. 3. 4 DESCRIPTION (Include applicable regional or site specific enviromental issues.) ❑ No Action Required ❑ Required Action Action No. 1. 2. 3. 4. ❑ No Action Required ❑ Required Action Action No. 1. 2 3. 4. If any of the listed species are observed, cease work in the immediate area, do not disturb species or habitat and contact the Engineer immediately. The work may not remove active nests from bridges and other structures during nesting season of the birds associated with the nests. If caves or sinkholes are discovered, cease work in the immediated area, and contact the Engineer immediately. CITY OF CORPUS CHRISTI STORM WATER ENVIRONMENTAL PERMITS ISSUED AND COMMENTS (EPIC) 2 OF 3 Best Management Practices: Erosion Sedimentation Post—Construction TSS ❑ Temporary Vegetation ❑ Silt Fence ❑ Vegetative Filter Strips ❑ Blankets/Matting ❑ Rock Berm ❑ Retention/Irrigation Systems ❑ Mulch ❑ Triangular Filter Dike ❑ Extended Detention Basin ❑ Sodding ❑ Sand Bag Berm ❑ Constructed Wetlands ❑ Interceptor Swale ['Straw Bale Dike ❑ Wet Basin ❑ Diversion Dike ❑ Brush Berms ❑ Erosion Control Compost ❑ Erosion Control Compost ['Erosion Control Compost ['Mulch Filter Berm and Socks ❑ Mulch Filter Berm and Socks ❑ Mulch Filter Berm and Socks ❑ Compost Filter Berm and Socks ❑ Compost Filter Berm and Socks ❑ Compost Filter Berm and Socks ❑ Vegetation Lined Ditches ❑ Stone Outlet Sediment Traps ❑ Sand Filter Systems ❑ Sediment Basins CO L' SHEET of RECORD DRAWING NO. 0 z z 0 N CITY PROJECT # 8' USUAL 8' 4' LONG (MIN.) STEEL "T" POSTS OR WOOD POSTS SPACED AT 6' TO 8' MAXIMUM FASTEN FABRIC TO TOP STRAND OF WELDED DESCRIPTION I CONSULTANT'S SHEET No. TEMPORARY DRAIN SUPPORT POSTS INLET WALLS (NORMAL) SUPPORT POSTS MANHOLE WALLS 4 OZ. MIN. WOVEN STAKES GEOTEXTILE FILTER 0 FABRIC WIRE MES AT A MAX. SPACING ) HOG BY RINGS OR CORD OF ATTACH THE W.W.M. & FABRIC ON END POSTS USING 4 EVENLY HOLES 2" DRAIN i :,? d NOTES: SPACED STAPLES (WOOD POSTS) PLUG AFTER USE _ SILT FENCE a g INLET ;«�'p«1 ��%p. g �j "" J', 1. FILTER FABRIC INLET PROTECTION SHALL BE USED OR T -CLIPS FOR STEEL POSTS • oz ..+:« s««!«!!«.� ;.' C�;«;�: LC����,�• p1 o DURING CONSTRUCTION TO CONTROL SEDIMENTATION. -11k -oo2. ....,..,•'! PERIMETER SILT FENCING AROUND INLET LOCATIONS NOTE: ''°!••,!'!'!!•••••••1,• W `D SHALL BE INSTALLED AFTER PIPE IS PLACED. REFER TO STANDARD EXISTING OR PROPOSED CURB & GUTTER 32 LF OF SILT �: :':p;;:;' :.'!•«�«':!'•,:!;�•J ."««•,•; •'`� re;«i�1!' 3. FABRIC MATERIAL SHALL BEA NET -REINFORCED SPECIFICATION SECTION FENCE, USING WOVEN GEOTEXTILE FABRIC. 022420 "SILT FENCE" \ N FENCE PER L�': ;5'':I,,.., MANHOLE �':CC.p:: NOTE: �'=�; ��«« rhp'««« TRENCH 9::: p:! .,::" ;;,! ;t - 4. FENCE SHOULD BE REMOVED UPON COMPLETION OF y� CONSTRUCTION. \� 90 TYPICAL SILT FENCE INSTALLATION AT CURB INLET PRIOR TO PLACEMENT OF '\�✓� CURB AND INLET TOP. CURB INLET - PLAN MANHOLE - PLAN F FILTER FABRIC / /• PLACE 6" OF FABRIC INTO AND AGAINST THE TRENCH WALL AND APPROX. 2" ACROSS TRENCH BOTTOM IN F� UPSTREAM DIRECTION MINIMUM TRENCH SIZE SHALL BE TEMPORARY FILTER FABRIC 6" SQUARE. BACKFILL AND HAND TAMP INLET PROTECTION DETAIL EMBED POST 18" MIN. \\'1� \ 1) �Y MA MAXO.. W.W. MESH (1 SMI 2" OPENING SIZE SHHALLL BEX 4" NOT TO SCALE NOT TO SCALE NOT TO SCALE SYMBOL: ---SCF--- TEMPORARY SEDIMENT CONTROL FENCE DETAIL VARIES - REFER TO CHANNEL PLAN & PROFILES NOT TO SCALE A SEDIMENT CONTROL FENCE USAGE GUIDELINES: SEDIMENT CONTROL FENCE MAY BE CONSTRUCTED NEAR THE DOWNSTREAM PERIMETER OF A DISTURBED AREA ALONG A CONTOUR TO INTERCEPT SEDIMENT m CITY of CORPUS CHRISTI TEXAS Department of Engineering Services 4 FROM OVERLAND RUNOFF. A 2 YEAR STORM FREQUENCY MAY BE USED TO EXTEND 2'-0" MINIMUM BEYONDI �/.� i 04,400 j0�/40,0��,ORAPOORP 19�i00,401`��tt'r'1�O,"W� CALCULATE THE FLOW RATE TO BE FILTERED. 11....2....1616.0.41....‘2.....3....4114.40.104,-.4111.. 1.. ...16 �.,.41,./ .....3 �`,'���,4/ L SEDIMENT CONTROL FENCE SHOULD BE SIZED TO FILTER A MAX. FLOW THROUGH _,,....0.1.. I,�..e.�,....�••,•'..iP,,• RATE OF 100 CONTROL ROSION/FROM SEDIMENT DRAINAGE FENCE IS 2 NOT RECOMMENDED TO ,��, ��WO A FLOWLINE PROP. CHANNEL �•e"y 0� THE GUIDELINES SHOWN HERE ARE SUGGESTIONS ONLY AND MAY BE MODIFIED /�/I�� eg-il GALVANIZED WOVEN WIRE MESH BY THE ENGINEER. ��•��I'�r.1�ti��'' o o z z o N El C INLET OPENING AT EACH END L (( WIRE FABRIC STRUCTURE 3" OVERLAP FABRIC ARIES _ _ _ _ _ - - -12 ..,....�.... I ,,,",,,r, 111111 ,, AT 4" MIN. SPLICES CUT AWAY OF FILTER FABRIC (4" FROM TOP DOWN) ROCK FILTER SEE NOTE 6 A GRADE TO PREVENT RUNOFF DAM AT 50' MIN. FROM LEAVING SITE DESCRIPTION FLOW EARTHEN BOTTOM CHANNEL 8'• MIN. 2 -- _ - NOT TO SCALE EXISTING GRADE FLOW -------- ------ ROADWAY 2' MIN. PROFILE CITY OF CORPUS CHRISTI STORM WATER POLLUTION PREVENTION STANDARD DETAILS 3 OF 3 GALVANIZED WOVEN WIRE MESH 20BETWEEN Ib SANDBAGS (DOUBLE BAGGED) PROVIDE APPROPRIATE TRANSITION STABILIZED CONSTRUCTION AT 3' O.C. • 4" TALL SEE NOTE 4 ``�� �,�-�� ENTRANCE AND PUBLIC RIGHT-OF-WAY �CLEAR OPENING \l2 �411.19„ernIA 50' MIN. �y � INLET re- 20 Ib SANDBAGS (DOUBLE BAGGED) ::Z��� *waill,c-�' tO 3' O.C. �� �-�� �,-,,..,..4...../...., 1 ---- OPEN GRADED ��� /� SEE NOTE 1 • ROCK ����.0 -��.�:-���,; -y��.� ���, ..4. • ��•, I ------- R.O.W.II NOTES: .�•, TYPICAL EROSION CONTROL INSTALLATION 411.91.161 ler%nit elaelerd ella%at) AT CURB INLET AFTER PLACEMENT OF CURB AND INLET TOP. 4" MIN. PROP. CHANNEL FLOWLINE SEE NOTE 6 PLAN CURB INLET PROTECTION DETAIL SECTION A -A STABILIZED CONSTRUCTION ENTRANCE NOT TO SCALE NOT TO SCALE NOT TO SCALE CURB INLET PROTECTION NOTES: ROCK FILTER DAM NOTES: CONSTRUCTION ENTRANCE NOTES: 1. TO HOLD THE FILTER DIKE IN PLACE, 20 LB SANDBAGS SHALL BE USED AT 3' 0.C. WHERE MINIMUM 1. IF SHOWN ON THE PLANS OR DIRECTED BY THE ENGINEER, FILTER DAMS SHOULD BE PLACED NEAR 1. STONE SIZE: 3-5" OPEN GRADED ROCK. CLEARANCES CAUSE TRAFFIC TO DRIVE IN THE GUTTER, THE CONTRACTOR MAY SUBSTITUTE A 1"X4" THE TOE OF SLOPES WHERE EROSION IS ANTICIPATED, UPSTREAM AND/OR DOWNSTREAM AT DRAINAGE 2. LENGTH: AS EFFECTIVE BUT NOT LESS THAN 50'. BOARD, SECURED WITH 1/4" OR 3/8" CONCRETE SCREWS. THE 1/4" OR 3/8" CONCRETE SCREWS STRUCTURES, AND IN ROADWAY DITCHES AND CHANNELS TO COLLECT SEDIMENT. SHALL BE ATTACHED TO THE GUTTER BY DRILLING AN APPROPRIATE PILOT HOLE WITH A CONCRETE3. THICKNESS: NOT LESS THAN 8". BIT AND INSERT PLASTIC FASTENERS. THE TOP OF THE SCREW SHALL BE RECESSED BELOW THE TOP 2. MATERIALSCIFICA (AGGREGATE, WIRE MESH, DAMSMSDFOR EROSION SHALL BE IT INDICATEDR," THE OF THE BOARD. THE SCREWS SHALL BE PLACED ON 3' 0.0. THIS METHOD IS USED IN LIEU OF SPECIFICATIONS FOR 'ROCK FILTER FOR AND SEDIMENT CONTROL.' 4. WIDTH: NOT LESS THAN FULL WIDTH OF ALL POINTS OF INGRESS/EGRESS. SANDBAGS, IN THE GUTTER ONLY, TO HOLD THE FILTER DIKE IN PLACE. UPON REMOVAL, EITHER 3. THE ROCK FILTER DAM DIMENSIONS SHALL BE AS INDICATED ON THE PLANS. 5. WASHING: WHEN NECESSARY, VEHICLE WHEELS SHALL BE CLEANED TO REMOVE SEDIMENT PRIOR LEAVE THE PLASTIC FASTENERS IN PLACE, OR REMOVE THE PLASTIC FASTENERS, CLEAN ANY 4. SIDE SLOPES SHOULD BE 2:1 OR FLATTER. TO ENTRANCE ONTO PUBLIC ROADWAY. WHEN WASHING IS REQUIRED, IT SHALL BE DONE ON AN DIRT/DEBRIS FROM THE SCREW LOCATIONS, APPLY CHEMICAL SANDING AGENT AND APPLY AREA STABILIZED WITH CRUSHED STONE AND DRAINS INTO AN APPROVED TRAP OR SEDIMENT 5. ROCK FILTER DAM SHALL BE A MINIMUM OF TWO FEET IN THICKNESS AT TOP OF DAM. BASIN. ALL SEDIMENT SHALL BE PREVENTED FROM ENTERING ANY STORM DRAIN, DITCH OR NON -SHRINK GROUT FLUSH WITH THE SURFACE OF THE GUTTER. THIS METHOD SHALL NOT BE USED ON THE INLET IN LIEU OF SANDBAGS. 6. FILTER DAMS SHOULD BE EMBEDDED A MINIMUM OF 4" INTO EXISTING GROUND. WATERCOURSE USING APPROVED METHODS. 2. A SECTION OF FILTER FABRIC SHALL BE REMOVED AS SHOWN ON THIS DETAIL OR AS DIRECTED BY 7. THE SEDIMENT TRAP FOR PONDING OF SEDIMENT LADEN RUNOFF SHALL BE OF THE DIMENSIONS 6. MAINTENANCE: THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION THAT WILL PREVENT THE ENGINEER OR DESIGNATED REPRESENTATIVE. FABRIC MUST BE SECURED TO WIRE BACKING WITH SHOWN ON THE PLANS. TRACKING OR FLOWING OF SEDIMENT ONTO PUBLIC ROADWAY. THIS MAY REQUIRE PERIODIC TOP CLIPS OR HOG RINGS AT THIS LOCATION.8. ROCK FILTER DAM SHALL BE SECURED WITH 20 GUAGE GALVANIZED WOVEN WIRE MESH WITH 1" DRESSING WITH ADDITIONAL STONE AS CONDITIONS DEMAND, AS WELL AS REPAIR AND CLEAN 3. DAILY INSPECTION SHALL BE MADE BY THE CONTRACTOR AND SILT ACCUMULATION MUST BE REMOVED DIAMETER HEXAGONAL OPENINGS. THE AGGREGATE SHALL BE PLACED ON THE MESH TO THE HEIGHT OUT OF ANY MEASURE DEVICES USED TO TRAP SEDIMENT. ALL SEDIMENTS THAT IS SPILLED, WHEN DEPTH REACHES 2". INLET PROTECTION SHALL BE REPLACED AS NECESSARY DURING & SLOPE SPECIFIED. THE MESH SHALL BE FOLDED AT THE UPSTREAM SIDE OVER THE AGGREGATE DROPPED, WASHED OR TRACKED ONTO PUBLIC ROADWAY MUST BE REMOVED IMMEDIATELY. CONSTRUCTION DUE TO DAMAGE OR DETERIORATION (SUBSIDIARY TO INLET PROTECTION). AND TIGHTLY SECURED TO ITSELF ON THE DOWNSTREAM SIDE USING WIRE TIES OR HOG RINGS. IN 7. DRAINAGE: ENTRANCE MUST BE PROPERLY GRADED OR INCORPORATE A DRAINAGE SWALE TO STREAM USE THE MESH SHOULD BE SECURED OR STAKED TO THE STREAM BED PRIOR TO PREVENT RUNOFF FROM LEAVING THE CONSTRUCTION SITE. 4. CONTRACTOR SHALL MONITOR THE PERFORMANCE OF INLET PROTECTION DURING EACH RAINFALL AGGREGATE PLACEMENT. EVENT AND ONLY REMOVE INLET PROTECTION IF DIRECTED BY THE CITY OF CORPUS CHRISTI, OR IF CONTRACTOR OBSERVES AN IMMINENT THREAT OF FLOODING OF SURROUNDING PROPERTY. 9. FLOW OUTLET SHOULD BE ONTO A STABILIZED AREA (VEGETATION, ROCK, ETC.) 5. INLET PROTECTIONS SHALL BE REMOVED AS SOON AS THE SOURCE OF SEDIMENT IS STABILIZED. 10. THE GUIDLELINES SHOWN HEREON ARE SUGGESTIONS ONLY AND MAY BE MODIFIED BY THE ENGINEER. > m F o SHEET of RECORD DRAWING NO. 0 z o CITY PROJECT # Eng: Michael C. York, P.E. Opinion of Probable Construction Cost for LONDON TOWNE, UNIT ONE GRID MAIN WATERLINE REIMBURSEMENT November 13, 2019 Job No. 42900.B9.01 ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST A. OFF-SITE WATER IMPROVEMENTS: 1 48"x24" Tapping Sleeve w/ 24" Gate Valve 1 EA $45,000.00 $45,000.00 2 24"x16" Reducer 1 EA $750.00 $750.00 3 16" PVC C-900 (All Depths) 4,580 LF $100.00 $458,000.00 4 Fire Hydrant Assembly 8 EA $4,500.00 $36,000.00 5 16"x6" Ductile Iron Tee 8 EA $1,200.00 $9,600.00 6 16" Gate Valve 8 EA $7,800.00 $62,400.00 7 16"x45 Ductile Iron Bend 2 EA $800.00 $1,600.00 8 16" Cap & Plug 1 EA $950.00 $950.00 9 Combination Air/Vacuum Valve 4 EA $11,500.00 $46,000.00 10 Mechanical Joint Restraints 66 EA $2,900.00 $191,400.00 11 Bollard 4 EA $500.00 $2,000.00 12 Silt Fence 4,600 LF $4.00 $18,400.00 13 Construction Entrance 1 EA $4,500.00 $4,500.00 14 Hydro -Mulch and Seeding 3.0 AC $6,000.00 $18,000.00 15 Easement through Camp Property 1 LS $25,000.00 $25,000.00 16 Mobilization, Bonds, & Insurance 1 LS $47,701.50 $47,701.50 OFF-SITE WATER SUB -TOTAL: $967,301.50 ENGINEERING, SURVEYING, TESTING, AND STAKING @ 12%: $146,304.18 (Engineering @ 8%, Surveying, Testing, and Staking @ 4%) GRAND TOTAL: $1,113,605.68 CONTINGENCY: $136,550.57 REIMBURSEMENT DUE DEVELOPER: $1,250,156.25 LESS ACREAGE FEE CREDIT: $16,926.00 FINAL REIMBURSEMENT DUE • ' $1,233,230.25 Notes 1 Fee for easement through Camp property assumes compensation to land owner will be required. i' • OFT -4:01 MICHAEL C. YORK 1ii4 .$1 • /2 9S o �<i: i3 NuU&Mt ' ,, t (,e\ss/ONAI N'ct: Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 1 Exhibit 4 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas DeparInent of Development Services P.O. Box 9277 Corpus Christi. Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street ±Comer of leopard SI. and Part Ave i City of Corpus Christi Ordinance 17112, as amended, requires all persons or flans 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: E.7 -;PM R---ciA4e $ STREET: r;#3-5 'J 7 0R ILIV 11` CITY: ZIP: 78103 FIRM is: Corporation 0 Partnership ❑ Sole Owner ❑ Association 0 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) 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 1C� BeicsEt1N - M- 11- , 7y196- 4. 1°6 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 I certify that all information pr withheld disclosure of any in the City of Corpus Christi, T i true an requested' anges o Consultant CERTIFICATE t as of th date of this statement, that I have not knowingly that suppmental statements will be promptly submitted to Certifying Person: f �"' Title: (Print) t? p, Signature of Certifying Person: J. Date: 3 [/ ( K tf)EYE1 OPMENISYCSLSFIARF1111.AND DEVT. ,r 1 ,NCE �' • 1 OMAPPUCATtON FORMS'FORMS AS PER I.EOALL2012D1SCLOS1JRF. OF 1 stFel$ STATEMENT! 277 -DOC Exhibit 5 Page 1 of 2 Eke c V�' 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. IODEVEWPMENTSVCS,SIIARED\LAND DEVELOPMENTSORDINANCE ADMINISTRATIONW'PLICATION FORMS\FORMS AS PER LEGAL120I21DISCLOSURE OF INTERESTS STATEMENT' 27 12.DOC Exhibit 5 Page 2 of 2 London Towne Unit 1 Reimbursement Agreement City Council Presentation November 12, 2019 Aerial Map t N Vicinity Map Exi water ME London Towne Unit 1 rgqg Oso Creek Prosed 4,580 linear feet of 16 -inch grid main water line (purple line) County Road 33 Existing 1 -inch water line (blue) London ISD Existing 16 -inch water line along FM 43 ".11M=1=ter 1 Recommendation Approval Water Master Plan London Towne Unit 1 Existing 48 -inch water line 1 4 1 IL.:* 1 1 a I .. ar�r�r�i7�l•li ri,� t a Proposed 16 -inch water line (green line) r • Proposed master planned water lines (red dashed line) Existing 16 -inch water line t N 40 Gy diwrw s L..r Proposed Water Maga( x moi' Plan Amendment; South of Oso Creek Wow Wratttrlrepra e�rp2. yr'4"14'1 IMF Prpos. 15 Yo..10111.14•4 1 fw'gam 3 Main r O N e...v m. S n1 460 i' r a, :7ck Lint. L... E'. F...8wwr roll 1. Amen 2 r.0 gyp{ 3 Ibl.. 1. f.+310.- 5 o4r5 Co.l V..r 5 Rau] bloc 5 0.25 0.5 0.75 1 x auly 1.311.7 Miles Preliminary Plat CggiagN INIMKINKeit XggINCCIMIMMIMEggKIVX *LIR !11 rte''inns �.. :'s r YE'UV yr 010 4ggiOgwra a AGENDA MEMORANDUM First Reading for the City Council Meeting of November 12, 2019 Second Reading for the City Council Meeting of November 19, 2019 DATE: October 17, 2019 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation freds@cctexas.com (361) 289-0171 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 Construction Contract Award Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV CAPTION: Ordinance accepting and appropriating Airport Grant #58 in the amount of $9,445,368; awarding a contract in the amount of $6,884,574.42 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the total base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects, effective upon issuance of notice to proceed, with funding available in the Airport Capital program by acceptance of the grant and; transferring $1,049,486 as a 10% grant match from the unreserved fund balance of the Airport Operational Fund. SUMMARY: This grant was recently announced by Senator John Cornyn. The item awards a construction contract, in compliance with the Airport Master Plan, to address on-going pavement reconstruction at CCIA for the Terminal Apron and East General Aviation (GA) Apron. Design and construction are being completed in a phased approach with the majority of required funding provided through the Federal Aviation Administration grant program. This contract represents the fourth year of a five-year program to rehabilitate CCIA Aprons and future phases are contingent on FAA Funding. BACKGROUND AND FINDINGS: The Corpus Christi International Airport (CCIA) is owned, operated, and maintained by the City of Corpus Christi and is located in Nueces County, Texas. CCIA is made up of over 2,700 acres; 1,100 acres being inside the Airport Operations Area (AOA) and classified as a non -hub, commercial service airport. The existing runway configuration at CCIA includes two runways. Runway 13-31 is oriented to the northwest -southeast and serves as the primary runway. It is 7,508 feet long and 150 feet wide. Runway 18-36 serves as the crosswind runway and is 6,080 feet long and 150 feet wide. CCIA enplanes more than 360,000 passengers annually and experiences over 100,000 annual aircraft operations each year. The Terminal Apron and East GA Apron are areas of the airport where aircraft are parked, cargo loaded and unloaded, aircraft refueled, and passenger boarded. The Terminal Apron services commercial passenger airlines that access the main terminal and the East GA Apron is essential for maintaining service to general aviation aircraft and supports private terminals and hangars on the east side of the airport. The total pavement area of the two aprons is approximately 161,000 square yards (SY) with approximately 102,000 SY for the Terminal Apron and 59,000 SY for the East GA Apron. The existing apron pavement is a combination of Portland Cement Concrete (PCC) and Hot -Mix - Asphalt -Concrete (HMAC). It is experiencing severe distress with cracking, rutting and concrete spalling. This deterioration creates a high potential for generating "foreign object debris" (FOD). FOD can cause damage to the aircraft when FOD enters engines or gets propelled at high velocities by aircraft engine exhaust or propeller speed. The pavement cracking allows water penetration into the base and subgrade, accelerating structural degradation of pavement. The existing pavement was not originally designed for the current heavier aircraft and equipment loads. PROJECT SCOPE: This construction contract provides for full reconstruction of both the East GA and Terminal Apron pavements with Portland Cement Concrete. There are two additive alternates included with the project that, will reconstruct 20,355 SY of the existing Terminal Apron and 3,725 SY of the existing East GA Apron. Base Bid Summary: • Terminal Apron Base Bid consist of reconstructing existing asphalt and concrete pavements with a concrete pavement section on a cement treated base course and providing a new underdrain system. • East GA Apron Base Bid will consist of reconstructing the existing asphalt and concrete pavement with a concrete pavement section and providing a new underdrain system. Additive Alternate Summary: • Additive Alternate I for the Terminal Apron consist of additional limits of reconstruction. • Additive Alternate II for the East GA Apron consist of additional limits of reconstruction. The Terminal Apron Reconstructed pavement section will consist of the following layers: • 15 -inch Portland Cement Concrete (With Compression Joint Sealant) (P-501) • 10 -inch Cement Treated Base Course (P-304) • Existing Lime -Treated Subgrade (to remain) The East GA Apron Reconstructed pavement section will consist of the following layers: • 15 -inch Portland Cement Concrete (With Compression Joint Sealant) (P-501) • 10 -inch Cement Treated Base Course (P-304) • 12 -inch Lime -Treated Subgrade (P-155) PROJECT TIMELINE: 2019 2020 M J J A S 0 BID N D J F M A M J J A S 0 N CONSTRUCTION Projected Schedule reflects City Council award in November 2019 with anticipated completion in November 2020. COMPETITIVE SOLICITATION PROCESS: On June 12, 2019 the City received two bids as summarized below: BID SUMMARY *Engineer's estimate includes Base Bid plus all additive alternates. BID EVALUATIONS: The City analyzed the bids in accordance with the bid documents and determined that Airfield Contracting Inc., of Ohio, is the lowest responsive and responsible bidder. ALTERNATIVES: This Airport Master Plan approved project is part of an on-going program to replace asphalt with concrete on the Terminal Apron and for the East General Aviation Apron. The FAA has been responsible for 90% of the construction costs. City Staff is recommending approval of this contract as is, due to the need to replace the asphalt and due to the FAA cost-sharing benefits. FISCAL IMPACT: This item proposes to award a construction contract in the amount of $6,884,574.42 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects. This contract will be effective upon issuance of notice to proceed. This is an approved CCIA Capital Improvement Project and a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. Funding is available through acceptance, appropriation and transfer of the grant to a capital fund, with the City's 10% match available through the appropriation and transfer of $1,049,486 from the unreserved fund balance of the Airport Operational Fund. Airfield Contracting Inc. SpawGlass *Engineer's Estimate Base Bid 1 $6,507,180.62 $7,061,206.52 Additive Alt 1 $171,107.00 $200,962.40 Additive Alt 2 $206,286.80 $210,917.40 Total $6,884,574.42 $7,473,086.32 $7,714,000.00 *Engineer's estimate includes Base Bid plus all additive alternates. BID EVALUATIONS: The City analyzed the bids in accordance with the bid documents and determined that Airfield Contracting Inc., of Ohio, is the lowest responsive and responsible bidder. ALTERNATIVES: This Airport Master Plan approved project is part of an on-going program to replace asphalt with concrete on the Terminal Apron and for the East General Aviation Apron. The FAA has been responsible for 90% of the construction costs. City Staff is recommending approval of this contract as is, due to the need to replace the asphalt and due to the FAA cost-sharing benefits. FISCAL IMPACT: This item proposes to award a construction contract in the amount of $6,884,574.42 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects. This contract will be effective upon issuance of notice to proceed. This is an approved CCIA Capital Improvement Project and a joint Federal Aviation Administration (FAA)/City project with a respective 90/10 percent construction cost sharing. Funding is available through acceptance, appropriation and transfer of the grant to a capital fund, with the City's 10% match available through the appropriation and transfer of $1,049,486 from the unreserved fund balance of the Airport Operational Fund. This grant was awarded to the City of Corpus Christi in September 2019. The FAA closely monitors administration of grant funds from the time of grant award to financial and physical close- out of the project. Grant funds will only be used as outlined in the grant application and defined in the grant assurance; and, includes any associated construction -related costs such as material testing and inspection. Grant proceeds remaining after satisfactory completion of this project can be utilized on future phases of the Terminal Apron and East GA Apron work contingent upon FAA approval. Funding Detail: Funding details include: Fund: Mission Element: Projects: Account: Activity: Amount: Fund: Mission Element: Projects: Account: Activity: Amount: Airport Capital Improvement Program Grants Fund Airport Development (ME #274) CCIA Rehabilitate Terminal Apron Phase III (Project #1 CCIA Rehabilitate East GA Apron Phase IV (Project #1 Construction (550910) 18148-A-3020 18149-A-3020 #18148A: $4,945,142.07 #18149A: $1,250,974.90 (Fund 3020) 8148A) 8149A) Airport Capital Reserve Fund (Fund 3018) Airport Development (ME #274) CCIA Rehabilitate Terminal Apron Phase III (Project #18148A) CCIA Rehabilitate East GA Apron Phase IV (Project #18149A) Construction (550910) 18148-A-3018 18149-A-3018 #18148A: $549,460.23 #18149A: $138,997.22 RECOMMENDATION: Staff and the design consultant, Garver, LLC., recommend awarding the construction contract for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects, in the amount of $6,884,574.42 for the total base bid and additive alternate 1 and 2 with Airfield Contracting, a Joint Venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas, based on the acceptance and appropriation of the grant and city match. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in November 2019 with completion in November 2020. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Presentation Bid Tab Letter of Recommendation Ordinance accepting and appropriating Airport Grant #58 in the amount of $9,445,368; awarding a contract in the amount of $6,884,574.42 with Airfield Contracting, a joint venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC, of Jacksboro, Texas for the total base bid and additive alternates 1 and 2 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects, effective upon issuance of notice to proceed, with funding available in the Airport Capital Program by acceptance of the grant and; transferring $1,049,486 as a 10% grant match from the Unreserved Fund Balance of the Airport Operational Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $9,445,368 from Federal Aviation Administration Grant No. 3-48-0051- 058-2019 is accepted and appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. A transfer from the Airport Operating fund 4610 to the Airport Capital Reserve fund 3018 is approved, and FY 2020 Operating Budget adopted by Ordinance No. 031870 is amended to increase expenditures in the amount of $1,049,486. SECTION 3. The FY 2020 Capital Budget adopted by Ordinance No. 031870 is amended to appropriate the revenue transferred into the Airport Capital Reserve fund 3018, increasing revenues and expenditures by $10,494,854 each. SECTION 4. The City Manager or designee is authorized to execute a construction contract with Airfield Contracting, a joint venture between Head, Inc. of Columbus, Ohio and Jackson Construction Services, LLC of Jacksboro, Texas for the Total Base Bid plus Additive Alternates No. 1 & 2 in the amount of $6,884,574.42 for the Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East General Aviation Apron Phase IV projects. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor /'"------ N SCALE: N.T.S. CORPUS C CORPUS CHRIS INTERNATIONAL AIRPORT LOCATION MAP NOT TO SCALE Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Protct Number: 18148A & 18149A / \ / 1 .k. i' CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SCALE: N.T.S. �Z.(3y�" + Y N PPW Y C31 IST: [ ,, ,4 `tk ��*1 MY fr`f��tr 1Muk WM�i a � r �ttl' ,..,„„,N F1 7..,77---# 1 ` �% "PE,, E ,€In„ xP , ..a , 9,ezzi....-.PP. N,rPY _ -ti G� n -�P i yesN0" P 1�^ Ti It 11 Itl $ ,—, t East GA Apron Terminal Apron VICINITY MAP NOT TO SCALE Project Number: 18148A & 18149A Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES W41/2 Additive Alternate 2 Limits Project Number: 18148A & 18149A FfF ID htiatl FIflairx6F - - t FFIlrFrIP FIIE IFr it'l111lEFl!�BF. Ir�rlgrlrrsFrrbllllrrn fFlilliatnplIk lll'�t" 1rIIFFI:nier 1t 1 r,FNRFWITIrr!VIE°!e'1!m • R r1C Corpus Christi International Airport •^- • ;I; F IIE; /1 horilll-FflFE11 !FE it EP fl lea 4 1e relN.r1111 rtI11!!rr!! 1 e, FIIFEI• Ft 0 r %Error r NOW •#F Additive Alternate 1 Limits • r SCALE: N.T.S. r C r EFIFfrFI11r ! g *' rlFlllFFF%6 i1 1 e �R�• °r•�F�VIt.l• !'l \= ITT r Fr c 1 FIR i —§iireirtffirir 11r VICINITY MAP NOT TO SCALE F Terminal Apron LLpron Corpus Christi International Airport (CCIA) Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES i CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus Chr sti Engineering Corpus Christi International Airport (CLIA) Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Council Presentation November 12, 2019 Project Location F .iIA11W ..� CCIA EAST GA APRON, and TERMINAL APRON RECONSTRUCTION te4 Corpus Chr sti Engineering 2 Project Vicinity Corpus Chr sti Engineering Corpus Christi Interratioral Airport Project Vicinity Continued 4242;oggwiAgfrowrIl. 'gr:4113.Nr r•r4i, .... • " • Corpus Christi International Airport SCALE: N.T.S. r , 1 17 PPP{ 71 11 0,11E41 Irtle / Welt*/ Ar•,70,P1,47r wet *Fr .1 'VA!" ‘1'N',"•'*- $ 1 viT-7 bin!l2f—'- 4;; s1 51; ..a rl:'Tptr,"I'l • 1 .1../ .1 I East GA Apron Terminal Apron 111 Aimp"-dwzAorisordmiexamm 410410 Additive Alternate 1 Limits 477: Nkir Corpus Chr sti Engineering Project Scope Corpus Chr sti Engineering This is a joint FAA/City airport revenue funded project with 90/10 construction cost sharing for full reconstruction of two pavement sections on the Terminal and East General Aviation (GA) Apron. A summary of the project is below: ➢ Two base bids with one bid alternate each, ✓ Base bid 1 is for the Terminal Apron reconstruction ✓ Base bid 2 is for the East GA Apron reconstruction ➢ Reconstructing approximately 26,000 SY of existing asphalt and concrete pavement with concrete pavement on Terminal Apron and East GA Apron, ➢ Minor electrical upgrades for airfield lighting and signage, ➢ New pavement markings and miscellaneous improvements. Project Schedule Corpus Chr sti Engineering 2019 2020 I M J J A S O N D J F M A M J J A S O N BID CONSTRUCTION Project Construction Estimate: 12 Months Projected Schedule reflects City Council award in November 2019 with anticipated completion in November 2020. Corpus Chr sti Engineering Questions? 3755 S. Capital of Texas Highway Suite 325 Austin, TX 78704 TEL 512.485.0009 FAX 512.485.0010 www.GarverUSA.com CELEBRATING ONE HUNDRED YEARS 1 91 9 2019 June 17, 2018 Corpus Christi International Airport Attn: Mr. Fred Segundo 1000 International Drive Corpus Christi, Texas 78406 Re: Corpus Christi International Airport Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Recommendation of Award Dear Mr. Segundo: Bids were received for the "Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV " project at Corpus Christi City Hall at 2:00 p.m. (local time) on June 12, 2019. The bids have been checked for accuracy and for compliance with the contract documents. A tabulation of the bids received is enclosed with this letter. The contract documents included two base bids and two additive alternates. The city received two bids on the project. Airfield Contracting, a Joint Venture between Head, Inc. and Jackson Construction Services, LLC, submitted the low bid for the project in the amount of $6,884,574.42 for all bid schedules including Base Bid (Parts A through C), Additive Alternate 1, and Additive Alternate 2. The Engineer's Opinion of Probable Cost was $7,413,339.41 for all bid schedules. See attached for the complete bid tab. We believe that the bid submitted by Airfield Contracting represents a good value for the Corpus Christi International Airport. Contingent upon Federal Aviation Administration approval of funding, we recommend that the construction contract for the "Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV be awarded to Airfield Contracting. Please call me if you have any questions. Sincerely, GARVER, LLC Derek Mayo, P.E., PMP Project Manager Attachments: Bid Tabulation Cc: Victor Gonzalez, Marcelino Sanchez, Eli Pena, Isaac Perez, Carl Gross TABULATED BY: TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Derek Mayo, P.E. TIME OF COMPLETION: Base Bid: 270 Calendar Days BID DATE: June 12, 2019, 2:00 PM (Local Time) ENGINEER'S ESTIMATE: $7,413,339.41 (ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III AND EAST GA APRON PHASE IV PROJECT NO. 18148A& 18149A SPAWGLASS CML CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 ITEM QTY. UNIT 131 DESCRIPTION L.S. UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE TRENCH AND EXCAVATION SAFETY SYSTEMS $977.48 BASE BID IIIMw ■ $1,521.24 PART A - GENERAL Al 1 L.S. 01 29 01 MOBILIZATION (MAX 5%) $11,889.02 $7,260.34 $328,283.00 $328,283.00 $208,019.16 $208,019.16 A2 1 L.S. 01 29 01 BONDS AND INSURANCE $5,307.12 135 $100,000.00 $100,000.00 $96,713.00 $96,713.00 A3 1 L.S. 01 2901 OWNER'S PROTECTIVE INSURANCE 1 EACH $7,000.00 $7,000.00 $11,583.00 $11,583.00 SUBTOTAL PART A - BASE BID - GENERAL (Items Al th ru A3) 07 845 $435,283.00 $316,315.16 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Bid Tabulation Bids Opened: 2pm, June 12, 2019 1 of3 Part B - BASE BID - TERMINAL APRON $643,305.93 $643,305.93 $486,272.71 $486,272.71 131 1 L.S. SITE PREPARATION 02 1 L.S. TRENCH AND EXCAVATION SAFETY SYSTEMS $977.48 $977.48 $1,521.24 $1,521.24 03 1 L.F. LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES $11,889.02 $11,889.02 $7,260.34 $7,260.34 04 14 L.F. EXISTING BASE MOUNTED EDGE LIGHT, REMOVED $1,188.90 $16,644.60 $379.08 $5,307.12 135 10 L.S. L -861T BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED $1,188.90 $11,889.00 $3,505.87 $35,058.70 06 1 EACH TEMPORARY AIRFIELD LIGHTING $5,944.52 $5,944.52 $12,329.51 $12,329.51 07 845 EACH 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED $36.15 $30,546.75 $26.00 $21,970.00 138 170 L.S. 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED $32.91 $5,594.70 $17.12 $2,910.40 09 4 LF UNDERDRAIN CLEANOUT $1,098.49 $4,393.96 $994.67 $3,978.68 010 1 LF SAFETY END TREATMENT $2,260.16 $2,260.16 $1,263.06 $1,263.06 611 19515 S.Y. PAVEMENT REMOVAL, ASPHALT (-18") $15.46 $301,701.90 $19.62 $382,884.30 612 400 S.Y. PAVEMENT REMOVAL, CONCRETE ("15") $32.55 $13,020.00 $52.71 $21,084.00 613 3795 L.F. UNCLASSIFIED EXCAVATION $26.24 $99,580.80 $34.13 $129,523.35 B14 950 L.F. UNSUITABLE EXCAVATION $25.10 $23,845.00 $59.97 $56,971.50 615 1 S.Y. TEMPORARY EROSION CONTROL $55,246.49 $55,246.49 $63,272.82 $63,272.82 616 19700 S.Y. CEMENT -TREATED BASE COURSE (10") $45.66 $899,502.00 $41.65 $820,505.00 017 19515 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $166.68 $3,252,760.20 $149.07 $2,909,101.05 018 1700 C.Y. PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA $3.70 $6,290.00 $3.80 $6,460.00 019 3410 C.Y. PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA $3.60 $12,276.00 $3.80 $12,958.00 020 500 C.Y. PAVEMENT MARKINGS (RED) WITHOUT REFLECTIVE MEDIA $2.95 $1,475.00 $3.80 $1,900.00 B21 2185 L.S. PAVEMENT MARKINGS (WHITE) WITH REFLECTIVE MEDIA $3.70 $8,084.50 $3.80 $8,303.00 B22 790 S.Y. TEMPORARY PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA $3.80 $3,002.00 $3.80 $3,002.00 023 2990 TON PAVEMENT MARKING REMOVAL $1.03 $3,079.70 $3.80 $11,362.00 024 3225 S.Y. SEEDING $2.03 $6,546.75 $6.34 $20,446.50 025 925 S.F. SODDING $6.33 $5,855.25 $14.28 $13,209.00 026 2000 S.F. NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT $4.76 $9,520.00 $3.19 $6,380.00 027 1075 S.F. N0.6 AWG,SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INC $4.76 $5,117.00 $3.35 $3,601.25 628 1075 S.F. NON-ENCASED, SCHEDULE 40 PVC ELECTRICAL CONDUIT, 1 -WAY 2"C $29.72 $31,949.00 $31.87 $34,260.25 SUBTOTAL PART B - BASE BID - TERMINAL APRON (Items B1 thru B28) $5,472,297.71 $5,083,095.78 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Bid Tabulation Bids Opened: 2pm, June 12, 2019 1 of3 TABULATED BY: TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Derek Mayo, P.E. TIME OF COMPLETION: Base Bid: 270 Calendar Days BID DATE: June 12, 2019, 2:00 PM (Local Time) ENGINEER'S ESTIMATE: $7,413,339.41 (ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III AND EAST GA APRON PHASE IV PROJECT NO. 18148A 8, 18149A SPAWGLASS CML CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 . Part C - BASE BID - EAST GA APRON i C1 1 L.S. SITE PREPARATION $191,064.76 $191,064.76 $66,097.33 $66,097.33 C2 1 L.S. TRENCH AND EXCAVATION SAFETY SYSTEMS $450.52 $450.52 $1,521.24 $1,521.24 C3 1 S.Y. LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES $2,972.26 $2,972.26 $3,630.18 $3,630.18 C4 3 S.Y. EXISTING BASE MOUNTED EDGE LIGHT, REMOVED $1,188.90 $3,566.70 $408.06 $1,224.18 C5 3 C.Y. L -861T BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED $1,188.90 $3,566.70 $3,505.87 $10,517.61 C6 1 C.Y. TEMPORARY AIRFIELD LIGHTING $5,944.52 $5,944.52 $12,329.51 $12,329.51 C7 65 S.Y. 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED $42.27 $2,747.55 $36.75 $2,388.75 C8 160 TON 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED $34.21 $5,473.60 $18.92 $3,027.20 C9 2 L.S. UNDERDRAIN CLEANOUT $1,098.50 $2,197.00 $1,112.52 $2,225.04 C10 1 S.Y. SAFETY END TREATMENT $2,260.16 $2,260.16 $1,263.06 $1,263.06 C11 2905 S.Y. PAVEMENT REMOVAL, ASPHALT (-12") $8.65 $25,128.25 $13.08 $37,997.40 C12 290 S.F. PAVEMENT REMOVAL, CONCRETE $33.84 $9,813.60 $27.37 $7,937.30 C13 1465 S.F. UNCLASSIFIED EXCAVATION $27.83 $40,770.95 $37.64 $55,142.60 C14 365 S.F. UNSUITABLE EXCAVATION $29.16 $10,643.40 $61.80 $22,557.00 C15 3095 S.Y. LIME -TREATED SUBGRADE (12") $12.37 $38,285.15 $20.64 $63,880.80 C16 92 TON LIME $265.14 $24,392.88 $411.16 $37,826.72 C17 1 L.S. TEMPORARY EROSION CONTROL $23,233.99 $23,233.99 $49,459.92 $49,459.92 C18 3490 S.Y. CEMENT -TREATED BASE COURSE (10") $46.11 $160,923.90 $41.66 $145,393.40 C19 3065 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $17120 $524,728.00 $167.73 $514,092.45 C20 425 S.F. PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) $115.40 $49,045.00 $127.13 $54,030.25 C21 160 S.F. PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA $16.06 $2,569.60 $3.80 $608.00 C22 320 S.F. PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA $13.82 $4,422.40 $3.80 $1,216.00 C23 100 ACRE PAVEMENT MARKING REMOVAL $5.66 $566.00 $3.80 $380.00 C24 80 S.Y. SEEDING $44.90 $3,592.00 $9.04 $723.20 C25 64 L.F. SODDING $7.88 $504.32 $15.01 $960.64 C26 560 L.F. NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT $4.76 $2,665.60 $3.19 $1,786.40 C27 200 L.F. NO. 6 AWG,SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS $4.76 $952.00 $3.35 $670.00 C28 200 L.F. NON-ENCASED, ELECTRICAL CONDUIT, 1-WAY2"C $29.72 $5,944.00 $31.87 $6,374.00 C29 175 L.F. SCHEDULE 80 PVC ELECTRICAL CONDUIT, 1 -WAY 1-1/2"C, MOUNTED TO SURFACE FOR TEMPORARY PHASING CONNECTIONS $29.72 $5,201.00 $14.34 $2,509.50 SUBTOTAL PART C - BASE BID - EAST GA APRON (C1 thru C29) $1,153,625.81 $1,107,769.68 CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Bid Tabulation Bids Opened: 2pm, June 12, 2019 2 of TABULATED BY: TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS Derek Mayo, P.E. TIME OF COMPLETION: Base Bid: 270 Calendar Days BID DATE: June 12, 2019, 2:00 PM (Local Time) ENGINEER'S ESTIMATE: $7,413,339.41 (ALL BID SCHEDULES) CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III AND EAST GA APRON PHASE IV PROJECT NO. 18148A & 18149A SPAWGLASS CML CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 ADDITIVE ALTERNATE 1 TOTAL BASE BID - PART B Part D -ADDITIVE ALTERNATE I - TERMINAL APRON $5,083,095.78 TOTAL BASE BID - PART C $1,153,625.81 Dl 35 L.F. 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED $38.94 $1,362.90 $35.27 $1,234.45 D2 840 L.F. PAVEMENT REMOVAL, ASPHALT (-18") $10.65 $8,946.00 $17.85 $14,994.00 D3 165 L.F. UNCLASSIFIED EXCAVATION $31.32 $5,167.80 $29.67 $4,895.55 D4 45 S.Y. UNSUITABLE EXCAVATION $36.37 $1,636.65 $75.91 $3,415.95 05 850 S.Y. CEMENT -TREATED BASE COURSE (10") $46.09 $39,176.50 $37.76 $32,096.00 D6 840 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $167.69 $140,859.60 $134.56 $113,030.40 D7 125 S.Y. SEEDING $28.37 $3,546.25 $6.67 $833.75 08 35 S.Y. SODDING $7.62 $266.70 $17.34 $606.90 SUBTOTAL PART D -ADDITIVE ALTERNATE I -TERMINAL APRON (131 thru D8) $200,962.40 $171,107.00 ADDITIVE ALTERNATE 11 Part E - ADDITIVE ALTERNATE 11 - EAST GA APRON $8.37 $6,863.40 $11.90 $9,758.00 El 820 EACH PAVEMENT REMOVAL, ASPHALT (-12") E2 340 EACH UNCLASSIFIED EXCAVATION $25.76 $8,758.40 $32.67 $11,107.80 E3 85 LF UNSUITABLE EXCAVATION $32.90 $2,796.50 $75.43 $6,411.55 E4 830 S.Y. LIME -TREATED SUBGRADE (12") $12.25 $10,167.50 $18.78 $15,587.40 E5 25 C.Y. LIME $256.74 $6,418.50 $374.04 $9,351.00 E6 825 C.Y. CEMENT -TREATED BASE COURSE (10") $45.62 $37,636.50 $37.97 $31,325.25 E7 820 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $168.63 $138,276.60 $149.69 $122,745.80 SUBTOTAL PART E - ADDITIVE ALTERNATE II - EAST GA APRON (El thru E7) $210,917.40 $206,286.80 BASE BID SUMMARY TOTAL BASE BID - PART A $435,283.00 $316,315.16 TOTAL BASE BID - PART B $5,472,297.71 $5,083,095.78 TOTAL BASE BID - PART C $1,153,625.81 $1,107,769.68 GRAND TOTAL BASE BID $7,061,206.52 $6,507,180.62 ADDITIVE ALTERNATE SUMMARY TOTAL ADDITIVE ALTERNATE I - (PART D) $200,962 40 $171,107.00 TOTAL ADDITIVE ALTERNATE II - (PART E) $210,917.40 $206,286.80 TOTAL BID SCHEDULES SUMMARY TOTAL BASE BID + ADD. ALTERNATES I AND II Designates Corrected Total Price - Error in Extensions CCIA Rehabilitate Terminal Apron Phase III and East GA Apron Phase IV Bid Tabulation Bids Opened: 2pm, June 12, 2019 $7,473,086.32 $6,884,574.42 3 of 3 CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III AND EAST GA APRON PHASE IV PROJECT NO. 18148A & 18149A AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 SPAWGLASS CIVIL CONS TRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 ITEM QTY. I UNIT I DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASE BID $486,272.71 $643,305.93 PART A - GENERAL PROVISIONS - BOTH PROJECTS #18148A & #18149A 82 1 Al 1 L.S. 01 29 Ol MOBILIZATION (MAX 5%) $208,019.16 $208,019.16 $328,283.00 $328,283.00 A2 1 L.S. 0129 01 BONDS AND INSURANCE $96,713.00 $96,713.00 $100,000.00 $100,000.00 A3 1 L.S. 01 29 01 OWNER'S PROTECTIVE INSURANCE $11,583.00 $11,583.00 $7,000.00 $7,000.00 SUBTOTAL PART A - BASE BID - GENERAL (Items Al thru A3) $316,315.16 $435,283.00 CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III PROJECT NO. 18148A AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 SPAWGLASS CIVIL CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 Part C - BASE BID - EAST GA APRON ONLY PROJECT #18149A Part B - BASE BID: TERMINAL APRON PHASE 3 ONLY - PROJECT #18148A L.S. B1 1 L.S. SITE PREPARATION $486,272.71 $486,272.71 $643,305.93 8643,305.93 82 1 L.S. TRENCH AND EXCAVATION SAFETY SYSTEMS $1,521.24 $1,521.24 5977.48 5977.48 B3 1 L.F. LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES 87,260.34 $7,260.34 $11,889.02 $11,889.02 134 14 L.F. EXISTING BASE MOUNTED EDGE LIGHT, REMOVED $379.08 $5,307.12 $1,188.90 $16,644.6C 135 10 L.S. L-8617 BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED $3,505.87 $35,058.70 $1,188.90 811,889.06 86 1 EACH TEMPORARY AIRFIELD LIGHTING $12,329.51 $12,329.51 $5,944.52 $5,944.52 B7 845 EACH 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED $26.00 $21,970.00 $36.15 830,546.75 88 170 L.S. 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED $17.12 82,910.40 $32.91 $5,594.7[ B9 4 LF UNDERDRAIN CLEANOUT $994.67 $3,978.68 $1,098.49 $4,393.96 810 1 LF SAFETY END TREATMENT $1,263.06 $1,263.06 $2,260.16 $2,260.16 1311 19515 S.Y. PAVEMENT REMOVAL, ASPHALT ("18") $19.62 $382,884.30 $15.46 $301,701.96 812 400 S.Y. PAVEMENT REMOVAL, CONCRETE (^15") 852.71 $21,084.00 $32.55 813,020.0[ B13 3795 L.F. UNCLASSIFIED EXCAVATION $34.13 $129,523.35 $26.24 599,580.86 814 950 L.F. UNSUITABLE EXCAVATION $59.97 $56,971.50 $25.10 823,845.0[ B15 1 S.Y. TEMPORARY EROSION CONTROL $63,272.82 $63,272.82 $55,246.49 555,246.46 816 19700 S.Y. CEMENT -TREATED BASE COURSE (10") $41.65 5820,505.00 $45.66 $899,502.06 B17 19515 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $149.07 $2,909,101.05 $166.68 83,252,760.20 818 1700 C.Y. PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA $3.80 $6,460.00 $3.70 56,290.06 B19 3410 C.V. PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA $3.80 $12,958.00 $3.60 812,276.06 820 500 C.Y. PAVEMENT MARKINGS (RED) WITHOUT REFLECTIVE MEDIA $3.80 $1,900.00 $2.95 $1,475.06 1321 2185 L.S. PAVEMENT MARKINGS (WHITE) WITH REFLECTIVE MEDIA $3.80 $8,303.00 $3.70 88,084.56 B22 790 S.Y. TEMPORARY PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA 83.80 $3,002.00 $3.80 53,002.06 B23 2990 TON PAVEMENT MARKING REMOVAL $3.80 $11,362.00 $1.03 53,079.76 824 3225 S.Y. SEEDING $6.34 $20,446.50 $2.03 $6,546.75 B25 925 S.F. SODDING $14.28 $13,209.00 $6.33 55,855.25 826 2000 S.F. NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT $3.19 $6,380.00 $4.76 59,520.06 B27 1075 S.F. NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INC $3.35 $3,601.25 $4.76 55,117.06 828 1075 S.F. NON-ENCASED, SCHEDULE 40 PVC ELECTRICAL CONDUIT, 1 -WAY 2"C $31.87 $34,260.25 529.72 831,949.0[ SUBTOTAL PART B - BASE BID - TERMINAL APRON (Items BI thru B28) $5,083,095.78 $5,472,297.71 CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE EAST GA APRON PHASE IV PROJECT NO. 18149A AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 SPAWGLASS CIVIL CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 Part C - BASE BID - EAST GA APRON ONLY PROJECT #18149A C1 1 L.S. SITE PREPARATION 566,097.33 $66,097.33 $191,064.76 5191,064.76 C2 1 L.S. TRENCH AND EXCAVATION SAFETY SYSTEMS $1,521.24 $1,521.24 $450.52 8450.522 C3 1 S.Y. LOCKOUT/TAGOUT AND CONSTANT CURRENT REGULATOR CALIBRATION PROCEDURES $3,630.18 $3,630.18 $2,972.26 $2,972.26 C43 840 S.Y. EXISTING BASE MOUNTED EDGE LIGHT, REMOVED $408.06 $1224.18 $1,188.90 83,566.75 C53 165 C.Y. L -861T BASE MOUNTED TAXIWAY EDGE LIGHT, INSTALLED $3,505.87 $10,517.61 $1,188.90 $3,566.75 C6 1 C.Y. TEMPORARY AIRFIELD LIGHTING $12,329.51 $12,329.51 $5,944.52 $5,944.52 C7 65 S.Y. 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED $36.75 $2,388.75 $42.27 $2,747.55 C8 160 TON 4 INCH NONPERFORATED OUTFALL PIPE, INSTALLED $18.92 $3,027.20 $34.21 $5,473.60 C92 125 L.S. UNDERDRAIN CLEANOUT $1,112.52 $2,225.04 $1,098.50 $2,197.00 C10 1 S.Y. SAFETY END TREATMENT $1,263.06 $1,263.06 $2,260.16 $2,260.1€ C1.1 2905 S.Y. PAVEMENT REMOVAL, ASPHALT (^12") $13.08 $37,997.40 $8.65 825,128.20. C12 290 S.F. PAVEMENT REMOVAL, CONCRETE $27.37 $7,937.30 $33.84 $9,813.6[ C1.3 1465 S.F. UNCLASSIFIED EXCAVATION $37.64 555,142.60 $27.83 $40,770.90 C14 365 S.F. UNSUITABLE EXCAVATION $61.80 $22,557.00 $29.16 810,643.45 C1.5 3095 S.Y. LIME -TREATED SUBGRADE (12") 820.64 $63,880.80 $12.37 $38,285.15 C16 92 TON LIME $411.16 $37,826.72 $265.14 $24,392.86 C17 1 L.S. TEMPORARY EROSION CONTROL $49,459.92 $49,459.92 $23,233.99 $23,233.9$ C18 3490 S.Y. CEMENT -TREATED BASE COURSE (10") 541.66 5145,393.40 $46.11 $160,923.95 C1.9 3065 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $167.73 $514,092.45 $171.20 $524,728.05 C20 425 S.F. PORTLAND CEMENT CONCRETE PAVEMENT (8" WITH COMPRESSION JOINT SEALANT) $127.13 $54,030.25 $115.40 849,045.05 C21 160 S.F. PAVEMENT MARKINGS (YELLOW) WITH REFLECTIVE MEDIA $3.80 $608.00 $16.06 $2,569.65 C22 320 S.F. PAVEMENT MARKINGS (BLACK) WITHOUT REFLECTIVE MEDIA $3.80 $1,216.00 813.82 $4,422.45 C23 100 ACRE PAVEMENT MARKING REMOVAL $3.80 $380.00 $5.66 $566.05 C24 80 S.Y. SEEDING $9.04 $723.20 544.90 $3,592.0[ C25 64 L.F. SODDING $15.01 $960.64 $7.88 $504.32 C26 560 L.F. NO. 8 AWG, 5 kV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT $3.19 $1,786.40 $4.76 $2,665.65 C27 200 L.F. NO. 6 AWG, SOLID, BARE COUNTERPOISE WIRE, INSTALLED IN TRENCH, ABOVE THE DUCT BANK OR CONDUIT, INCLUDING GROUND RODS AND GROUND CONNECTORS $3.35 $670.00 $4.76 $952.0[ C28 200 L.F. NON-ENCASED, ELECTRICAL CONDUIT, 1 -WAY 2"C $31.87 $6,374.00 829.72 $5,944.05 C29 175 L.F. SCHEDULE 80 PVC ELECTRICAL CONDUIT, 1 -WAY 1-1/2"C, MOUNTED TO SURFACE FOR TEMPORARY PHASING CONNECTIONS $14.34 82,509.50 529.72 85,201.05 SUBTOTAL PART C - BASE BID - EAST GA APRON (C1 thru C29) $1,107,769.68 $1,153,625.81 CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III PROJECT NO. 18148A AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 SPAWGLASS CIVIL CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 ADDITIVE ALTERNATE I Part D - ADDITIVE ALTERNATE I - TERMINAL APRON 01 35 L.F. 4 INCH PERFORATED UNDERDRAIN PIPE, INSTALLED $35.27 $1,234.45 538.94 $1,362.90 D2 840 L.F. PAVEMENT REMOVAL, ASPHALT (^18") $17.85 $14,994.00 $10.65 $8,946.00 D3 165 L.F. UNCLASSIFIED EXCAVATION $29.67 $4,895.55 $31.32 $5,167.80 D4 45 S.Y. UNSUITABLE EXCAVATION 575.91 $3,415.95 $36.37 $1,636.65 05 850 S.Y. CEMENT -TREATED BASE COURSE (10") $37.76 $32,096.00 $46.09 839,176.55 D6 840 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $134,56 $113,030.40 $167.69 $140,859.60 D7 125 S.Y. SEEDING $6.67 $833.75 528.37 83,546.25 D8 35 S.Y. SODDING $17.34 $606.90 $7.62 $266.70 SUBTOTAL PART D - ADDITIVE ALTERNATE I - TERMINAL APRON (D1 thru D8) $171,107.00 $200,962.40 CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE EAST GA APRON PHASE IV PROJECT NO. 18149A AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 SPAWG LASS CIVIL CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 ADDITIVE ALTERNATE II CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III AND EAST GA APRON PHASE IV PROJECT NO. 18148A & 18149A Part E - ADDITIVE ALTERNATE II - EAST GA APRON SPAWGLASS CML CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 BASE BID SUMMARY El 820 EACH PAVEMENT REMOVAL, ASPHALT ("12") $11.90 $9,758.00 $8.37 56,863.4[ E2 340 EACH UNCLASSIFIED EXCAVATION $32.67 $11,107.80 $25.76 $8,758.4C E3 85 LF UNSUITABLE EXCAVATION $75.43 $6,411.55 $32.90 $2,796.5[ E4 830 S.Y. LIME -TREATED SUBGRADE (12") $18.78 $15,587.40 $12.25 510,167.50 ES 25 C.Y. LIME $374.04 $9,351.00 $256.74 $6,418.5[ E6 825 C.Y. CEMENT -TREATED BASE COURSE (10") $37.97 $31,325.25 $45.62 537,636.50 E7 820 S.Y. PORTLAND CEMENT CONCRETE PAVEMENT (15" WITH COMPRESSION JOINT SEALANT) $149.69 $122,745.80 $168.63 5138,276.60 SUBTOTAL PART E - ADDITIVE ALTERNATE II - EAST GA APRON (El thru E7) $206,286.80 $210,917.40 CORPUS CHRISTI INTERNATIONAL AIRPORT REHABILITATE TERMINAL APRON PHASE III AND EAST GA APRON PHASE IV PROJECT NO. 18148A & 18149A AIRFIELD CONTRACTING 4477 EAST FIFTH AVENUE COLUMBUS, OH 43219 SPAWGLASS CML CONSTRUCTION, INC. 13800 WEST ROAD HOUSTON, TEXAS 77041 BASE BID SUMMARY TOTAL BASE BID - PART A (MOBILIZATION FOR PART B & C) $316,315.16 $435,283.00 TOTAL BASE BID - PART B (TERMINAL APRON #18148A) $5,083,095.78 $5,472,297.71 TOTAL BASE BID - PART C (EAST GA APRON #18149) $1,107,769.68 $1,153,625.81 GRAND TOTAL BASE BID $6,507,180.62 $7,061,206.52 ADDITIVE ALTERNATE SUMMARY TOTAL ADDITIVE ALTERNATE I - (TERMINAL APRON #18148A) $171,107.00 $200,962.40 TOTAL ADDITIVE ALTERNATE II - (EAST GA APRON #18149) $206,286.80 $210,917.40 TOTAL BID SCHEDULES SUMMARY TOTAL BASE BID + ADD. ALTERNATES I AND II $6,884,574.42 $7,473,086.32 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 12, 2019 Second Reading Ordinance for the City Council Meeting November 19, 2019 DATE: October 15, 2019 TO: Peter Zanoni, City Manager FROM: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361-826-3898 Ordinance amending City Code of Ordinances regarding operation of golf carts, neighborhood electric vehicles (NEC's) and off-highway vehicles (OHV's) within the City CAPTION: Ordinance amending Section 53-109 of the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off-highway vehicles as an allowable mode of transportation within the city, specifically North Padre Island, Mustang Island, and North Beach; and providing for a penalty. SUMMARY: Ordinance amending the addition of OHV's to City Code Section 53-109 which allows golf carts in certain areas by adding NEC's and OHV's as an allowable mode of transportation on city streets in North Padre Island, Mustang Island, and North Beach. BACKGROUND AND FINDINGS: House Bill 1548 was approved in the 2019 Texas legislative session. HB 1548 made several changes relating to Golf Carts, Neighborhood Electric Vehicles, and Off -Highway Vehicles. The part of the bill allowing City Council regulation of off highway vehicles states: (f) authorizes a city to prohibit the operation of an unregistered OHV described in (6)(e), above if the governing body determines the prohibition is necessary in the interest of safety; (g) authorizes a city to allow the operation of an unregistered OHV on all or part of a highway that is in the corporate boundaries of the city and has a posted speed limit of not more than 35 miles per hour; On July 23, 2019, a citizen requested changes to City ordinances that were authorized in recent state legislation concerning OHV's, which are all -terrain vehicles and utility vehicles. Section 53- 109 of the City Code currently authorizes golf carts to drive on highways at specific locations. Section 53-109 is amended with the following changes: • addition of neighborhood electric vehicles and off-highway vehicles where golf carts are currently allowed • ability to cross a highway at an intersection with a highway speed limit of more than 35 miles per hour only; (1) in a master planned community (2) on a public or private beach open to vehicular traffic (3) during the day time; and not more than two miles from the location where the vehicle is usually parked and for transportation to or from a golf course • display of a slow -moving -vehicle emblem (requirements noted) when operated on a public highway • equipment requirements to operate within the City limits: o headlamps, taillamps, reflectors, parking brake, and mirrors o lighted headlight and taillight one-half hour after sunset to one-half hour before sunrise o sit in a built-in seat and wear a safety belt o display copy of section 53-109 if vehicle is available for rent ALTERNATIVES: An alternative would be to not amend Section 53-109 and allow only golf carts on city streets. Adding neighborhood electric and off-highway vehicles better reflects the desired uses of the communities that it affects without compromising the health, safety and welfare of the motoring public. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: City staff has reviewed the potential impact of this amendment and find the health, safety, and general welfare of the motoring public will not be compromised with this allowance. The Island Strategic Advisory Committee (ISAC) recommends the addition of off-highway vehicles (OHV's)" on September 4, 2019. Also, the Transportation Advisory Commission approved adding neighborhood electric vehicles (NEC's) and off-highway vehicles on October 30, 2019. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Section 53-109 of the City Code which allows golf carts in certain areas by adding neighborhood electric vehicles and off-highway vehicles as an allowable mode of transportation within the city, specifically North Padre Island, Mustang Island, and North Beach; and providing for a penalty. WHEREAS, Chapters 551 and 551A of the Texas Transportation Code allow operation of golf carts, neighborhood electric vehicles, and unregistered off-highway vehicles under certain circumstances; WHEREAS, Texas law allows municipalities to prohibit operation of such vehicles on public highways within the city limit if such prohibition is in the interest of safety; and WHEREAS, it is in the interest of safety of the City's residents to limit the areas in which golf carts, neighborhood electric vehicles, and unregistered off-highway vehicles may operate on public highways within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. SECTION 2. That Chapter 53 of the City Code of Ordinances, Article V, Division 1, Section 53-109, Operation of golf cart is amended by adding the underlined text and removing the struck through text, as follows: Sec. 53-109. - Operation of golf cart, neighborhood electric vehicle, or off-highway vehicle. (a) As authorized under V.T.C.A., Transportation Code §551.404(a), A person who holds a valid driver's license may operate a golf cart, neighborhood electric vehicle, or off- highway vehicle, as defined by Chapters 551 and 551A of the Texas Transportation Code, on a public highway with a posted speed limit of not more than thirty five (35-) miles per hour and may cross a highway at an intersection, including an intersection with a highway that has a posted speed limit of more than 35 miles per hour only#: (1) In a master planned community: (A) that has in place a uniform set of restrictive covenants; and (B) for which a county or municipality has approved a plat; (2) On a public or private beach that is open to vehicular traffic; Page 1 (3) If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated: (A) during the daytime; and (B) not more than two miles from the location where the golf cart, neighborhood electric vehicle, or off-highway vehicle is usually parked and for transportation to or from a golf course; (1)(4) If Tthe person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart, neighborhood electric vehicle or off-highway vehicle owned by the political subdivision; (2)(5) If Tthe person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway; (3)(6) If Tthe person is employed by a restaurant, hotel, or tourist related business, and is transporting guests in a golf cart, neighborhood electric vehicle, or off- highway vehicle owned by the restaurant, hotel, or tourist related business, to and from the parking lots to the business; (4)(7) If Tthe person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two {2) facilities under common ownership in a golf cart, neighborhood electric vehicle, or off-highway vehicle owned by the restaurant, hotel, or tourist related business; (5)a) If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated on a highway within the Ceity limits on Mustang Island east of S.H. 361 and north of Packery Channel; {-6)(9) If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated on portions of Mustang and Padre Island within the Ceity limits that are south of Packery Channel; or (7)(10) If the golf cart, neighborhood electric vehicle, or off-highway vehicle is operated on a highway within the city limits on North Beach east of U.S. 181 and north of the Harbor Bridge. (b) A golf cart, neighborhood electric vehicle, or off-highway vehicle that is operated at a speed of not more than 25 miles per hour is required to display a slow -moving -vehicle emblem when it is operated on a public highway. The slow -moving -vehicle emblem must: (1) have a reflective surface designed to be clearly visible in daylight or at night from the light of standard automobile headlamps at a distance of at least 500 feet; Page 2 (2) be mounted base down on the rear of the vehicle and at a height that does not impair the visibility of the emblem; and (3) be maintained in a clean, reflective condition. (c) A golf cart operated on a public highway must be equipped with headlamps, taillamps, reflectors, parking brake, and mirrors. (d) The following equipment requirements apply to off-highway vehicles operated within the City limits: (1) An off-highway vehicle that is operated on public off-highway vehicle land, a beach, or a highway must be equipped with: (A) a brake system maintained in good operating condition; (B) an adequate muffler system in good working condition; and (C) a United States Forest Service qualified spark arrester. (2) An off-highway vehicle that is operated on public off-highway vehicle land, a beach, or a highway must display a lighted headlight and taillight: (A) during the period from one-half hour after sunset to one-half hour before sunrise; and (B) at any time when visibility is reduced because of insufficient light or atmospheric conditions. (e) The operator and any passengers of a golf cart, neighborhood electric vehicle, or off- highway vehicle must sit in a built-in seat and wear a safety belt if the vehicle is so equipped. (f) Any person or entity that offers golf carts, neighborhood electric vehicles, or off- highway vehicles for rent within the City limits must display a copy of this section 53-109 within the location where the vehicles are picked up or rented and in every vehicle available for rent. SECTION 3. Violation of any provision of Section 53-109 is an offense punishable in accordance with Section 1-6 of the City Code. SECTION 4. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 5. This ordinance takes effect upon publication. Page 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 20_, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 20_ ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 4 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of November 12, 2019 Second Reading Item for the City Council Meeting of November 19, 2019 DATE: October 24, 2019 TO: Peter Zanoni, City Manager FROM: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361-826-3898 SQH Sports & Entertainment Agreement for Extension of Performance Milestones CAPTION: Ordinance to amend the 40 -year Lease Agreement with SQH Sports & Entertainment, Inc., which was originally authorized on October 18, 2016 for the lease of approximately 67.69 acres of unimproved land near State Highway 286 and FM 43 (Weber Road) for a regional youth sports complex, with the amendment to provide for extension of the performance milestones in the lease and notice of default. SUMMARY: This ordinance is to execute an amendment to the Lease Agreement with SQH Sports & Entertainment, Inc. for a regional youth sports complex, to extend the performance milestones and amend the default provision to provide for 30 days' notice of default. BACKGROUND AND FINDINGS: The Parks and Recreation Department has been working with SQH Sports and Entertainment, Inc. since January 2015 for the construction and operation of a regional youth sports complex on approximately 67.69 acres of city property located near the JC Elliot Landfill on Highway 286. The complex will focus on hosting national and regional youth sports tournaments providing support to the local tourism and economic development industries. The agreement was executed October 18, 2016 to be effective December 18, 2016. In July 2017, an agreement was made to extend performance milestones. In April 2018, City Council acted upon a first reading on a new lease which included 67.69 acres (Exhibit A), 30.22 acres (Exhibit F), and an additional 105.39 acres. After 18 months, no action was taken on the second reading, demonstrating no desire to proceed with the new 203.3 acre lease. Given the negotiations for the 203.3 acres, it was unrealistic to demand compliance with the milestones established in the original 67.69 lease agreement. Therefore, amendment to the milestones is warranted and enumerated below: "8.1.2. Performance Milestones — Tenant agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH Date. Affiliate of SQH means an entity who controls, is controlled by, or is under common control with SQH. Left blank. 8.1.2.B. Within eighteen (18) months from the Effcctivc Date, Tcnant demonstrates to the By January 3, 2020, Tenant demonstrates to the satisfaction of the City Manager that Tenant has full funding for construction of the Improvements listed above in Section 8.1.1. as well as full funding for any additional public improvements needed for operation of the complex. 8.1.2.C. within twenty one (21) months from the Effective Date. By May 1, 2020, Tenant shall ensure that all utilities for the Premises have been approved in accordance with the Unified Development Code • 8.1.2.D. By December 1, 2020, Tenant completes final design of complex within 13 months from thc Effcctivc Date. 8.1.2.E. By January 1, 2021, Tenant begins construction of complex within twenty six (26) months from the Effcctivc Date. 8.1.2.F. By February 1, 2022, Tenant substantially completes construction of complex within thirty nine (39) months from thc Effcctivc Date. 8.1.2.G. By April 1, 2022, Tenant begins operations of major components of complex within forty one (41) months from the Effcctivc Date. that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within six months from the Effective Date shall be grounds for other party." Article 15, Events of Default, is amended to read as follows: "ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 15.1 Events of Default. The occurrence of any one or more of the following events (each an "Event of Default") shall constitute a default and breach of this Lease by Tenant: If Tenant fails to perform any of Tenant's obligations or breaches any covenant or representation or warranty under this Lease for a period of sixty (60) thirty (30) days after written notice from Landlord (the "Cure Period"). ALTERNATIVES: The alternative is not approving the amendment to the lease agreement, then the City would recommend acting on default. RECOMMENDATION: Staff recommends approving the amendment to extend performance deadlines and revise the default notice provisions. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Amendment to Lease Agreement Maps CITY OF CORPUS CHRISTI, TX DOC. #941343 O.P.R.N.C.T. 0 9.46'30"E 216.1% iPcssip ?S99, e g 0 J S14'51'15M 46.96 FOUND 3/4" IRON PIPE POINT OF BEGINNING FOUND 1" IRON PIPE. w io Is m EXHIBIT 'A' BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM. SOUTH ZONE. NAD 83 AS PER SHORELINE SURVEY OF A 308.99 ACRE TRACT BY DAVID PYLE RPLS 4700 DATED 05/26/1993. OSO CREEK DAVID L. GALLOWAY VOL. 2207, PG. 982 D.R,N,C.T, Z N89'08'32'E 842.19' SET 5/8' IRON ROD LEASE AREA SO4.02'31'E 122.30' 67.69 ACRES S89.15'39'W PL 1870.98' COASTAL BEND COMMUNITY FOUNDATION DOC. 1#2012001980 O.P.R.N.C.T. MAP TO ACCOMPANY FIELD NOTES. Scale In Feet N85.52'29'E 68.05' CHORD = 518'16'00'W 77.76' R = 5,925.58' L = 77.76' FOUND 5/8' IR❑N ROD. •q- 0 — SET 5/8" IRON ROD. M.R.N.C.T. — MAP RECORDS OF NUECES COUNTY, TEXAS. LEASE AREA FOR REGIONAL YOUTH SPORTS COMPLEX OWNER: CITY OF CORPUS DOC. #941343 O.P.R.N.C.T. BEING A TRACT OF LAND CONTAINING 67.69 ACRES OUT OF THE NORTH 100 ACRES OF THE BERTHA MORGAN HOMESTEAD TRACT. FRACTIONAL SECTION D. IAURELES FARM TRACTS AS RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS OF NUECES COUNTY. TEXAS. CITY of CORPUS CHRISTI, TEXAS PUBLIC WORKS — ENGINEERING SURVEY ACIMIY - 361-826-3500 Duty: 06,221:6 DRAM By: Pt 005 dicks,u, a ►E9rrtr Project BELOW TWIN SPORTS cOYeilEX r....„ PROJECTSIA-YOUTH WORM s►et r or t 1 8 2 0„ 1,464.0'.3,2; N79'54'20"E N87'32 18"E OS 256.63' N87.28,10 „ 510.001 W 504.56' N�4•� 4SS8�T"y1, LINE TABLE LINE BEARING DISTANCE L1 S63'02'27'E 268.34 L2 S53'19'17'E 181.07 L3 S47.28'03'E 74.20 L4 S27'50'00'E 154.42 L5 S19'19'27'E 244.78 L6 S23'44'43'E 215.04 L7 S38°38'17'E 121.94 L8 S51'13'00'E 100.68 L9 S06'08'28'W 60.67 L10 N00'50'01'14/ 161.95 L11 N38'26'06'1./ 168.96 SET 5/8' IR❑N ROD — N8 A/ CITY OF CORPUS CHRISTI, TX s DDC. #941343 O.P.R,N.C.T. to `ti a ti 0 o. z 28244 w •46'3a1E 216.16' rn is 01 EXHIBIT 'F' GRADIENT BOUNDARY AS PER SHORELINE SURVEY BY DAVID PYLE, RPLS 4700, DATED MAY 26, 1993 ci's‹<NK, l LEASE AREA , �` 3022 ACRES "...,0„,POINT OF BEGINNING -SET 5/8' IRON ROD FOUND 3/4" IRON PIPE N of N POINT DF COMMENCEMENT FOUND 1" IRON PIPE. MAP TO ACCOMPANY FIELD 300 0 00 NOTES. 600 Scale In Feet r- 0 S89 008'32 "W 842.79' SET 5/8' IR❑N ROD O - SET 5/8" IRON ROD WITH CITY OF CORPUS CHRISTI CAP M.R.N.C.T. - MAP RECORDS OF NUECES COUNTY, TEXAS. 0) 4:r co N 0 ON Qac l7 ^ U J N Q% A NA o A G , LEASE AREA FOR i REGIONAL YOUTH SPORTS COMPLEX s OWNER: CRY OF CORPUS DOC. #941343 0.P.R.N.C.T. 1 EBEING A TRACT OF LAND CONTAINING 30.22 ACRES OUT OF 'HE NORTH 100 ACRES OF THE BERTHA MORGAN HOMESTEADI ' TRACT, FRACTIONAL SECTION D, LAURELES FARM TRACTS AS ,RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS OF e,'aWUECES COUNTY. TEXAS. .i1 • CITY of CORPUS CHRISTI, TEXAS PUBLIC WORKS - ENGINEERING SURVEY ACTIVITY - 361-826-3500 Oar 05/7a/17 Drown 9y. R OCHS arcked ere a Nesmmf Project REL7O/Nc MUM SPORTS COUREJY Fir PR1artt7sWM—tanH SPORTS COM LEa'—aors1 ctegWeesionolSomteCorrpfocchro SHEET 1 OF Page 1 of 1 Ordinance to amend the 40 -year Lease Agreement with SQH Sports & Entertainment, Inc., which was originally authorized on October 18, 2016 for the lease of approximately 67.69 acres of unimproved land near State Highway 286 and FM 43 (Weber Road) for a regional youth sports complex, with the amendment to provide for extension of the performance milestones in the lease and notice of default. Be it ordained by the City Council of the City of Corpus Christi, Texas that: SECTION 1. The City Manager or her designee is authorized to execute an amendment to the Lease Agreement with SQH Sports & Entertainment, Inc. for a regional youth sports complex, to extend the performance milestones and amend the default provision to provide for 30 days' notice of default. A copy of the amendment to the lease is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AMENDMENT TO GROUND LEASE AGREEMENT This Amendment To Ground Lease Agreement (the "Amendment") is made this day of , 2019, by and between the CITY OF CORPUS CHRISTI,a home rule city (the "Landlord"), and SQH SPORTS & ENTERTAINMENT, INC., a Texas Corporation(the"Tenant"). WHEREAS, Landlord and Tenant previously entered into that one certain Ground Lease Agreement(the "Lease") approved October 18 2016, and covering that certain 67.69 acre parcel of unimproved land, more or less, located near the intersection of State Highway 286 and FM 43 (Weber Road), in Corpus Christi, Nueces County, Texas, as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B(the"Land")attached to and made a part of said Lease,reference to which is here made for all pertinent purposes; and WHEREAS, the Lease was previously amended to extend performance milestones as approved by the City on July 18,2017; WHEREAS, the purpose of the Lease is for the Tenant to utilize the Land to construct, operate,repair, and maintain a regional youth sports complex(the"complex"); WHEREAS, Landlord and Tenant desire to amend Articles 8 and 15 of the Lease as set forth herein; NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, together with the mutual benefits inuring to the parties hereto, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby expressly covenant and agree that the Lease is hereby amended as follows: Article 8, Section 8.1.2.,Performance Milestones, is amended to read as follows: "8.1.2. Performance Milestones — Tenant agrees to complete the following performance milestones by the dates shown below. The determination of tenant's successful compliance with these Performance Milestones is within the sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an"Event of Default" and subject to further action under Article 15. 8.1.2.A. Left blank. 8.1.2.B. By January 3, 2020, Tenant demonstrates to the satisfaction of the City Manager that Tenant has full funding for construction of the Improvements listed in Section 8.1.1 as well as full funding for any additional public improvements needed for operation of the complex. 8.1.2.C. By May 1, 2020, Tenant shall ensure that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.D. By December 1, 2020, Tenant completes final design of the complex. 8.1.2.E. By January 1, 2021, Tenant begins construction of the complex. 8.1.2.F. By February 1, 2022, Tenant substantially completes construction of the complex. 8.1.2.G. By April 1, 2022, Tenant begins operations of major components of the complex." Article 15, Events of Default, is amended to read as follows: "ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 15.1 Events of Default. The occurrence of any one or more of the following events (each an "Event of Default") shall constitute a default and breach of this Lease by Tenant: If Tenant fails to perform any of Tenant's obligations or breaches any covenant or representation or warranty under this Lease for a period of thirty (30) days after written notice from Landlord(the"Cure Period"). 15.2 Remedies. Upon the occurrence of an Event of Default, and at any time thereafter, at Landlord's option, and without limiting Landlord in the exercise of any other rights or remedies which Landlord may have at law or in equity by reason of such breach, if such Event of Default shall not have been cured during such Cure Period, Landlord may terminate this Lease by giving written notice to Tenant of Landlord's election to so terminate, re-enter the Premises and take possession of the same, and expel or remove Tenant and all other parties occupying the Premises and/or Improvements, and remove all property of Tenant and store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant without being deemed guilty of trespass. In such event, and subject at all times to the law of the State of Texas pertaining to and/or dictating the duty of a landlord to mitigate damages in the event of a tenant's breach of a lease, Landlord shall thereupon be entitled to recover from Tenant all costs to remove Tenant's personal property and return Premises to good condition." Except as specifically amended herein, all of the remaining terms, conditions and provisions contained in the Lease,together with all exhibits attached thereto, shall remain in full 2 Except as specifically amended herein, all of the remaining terms, conditions and provisions contained in the Lease,together with all exhibits attached thereto, shall remain in full force and effect, and are hereby ratified and confirmed by Landlord and Tenant. In the event of any conflict between the terms, conditions and provisions of this Amendment and the terms, conditions and provisions of the Lease, the terms, conditions and provisions of this Amendment shall control. IN WITNESS WHEREOF, this Amendment To Lease is made effective for all purposes as of the date shown above. LANDLORD: CITY OF CORPUS CHRISTI, a home-rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager Date: TENANT: SQH SPORTS&ENTERTAIMNET,INC.,a Texas Corporation / By: �1,-1 Name: /261,A-7 0-1 Title: 4i,-75 4.74 r/ Date: //Z0' 3 Ground Lease Between CITY OF CORPUS CHRISTI, a home rule city and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation Dated: 13 S612 6 -2016 TABLE OF CONTENTS Page ARTICLE 1: DEMISE OF PREMISES AND INTENDED USE 1 ARTICLE 2: DEFINITIONS 1 2.1. Effective Date 2 ARTICLE 3: TERM, OPTION TERM 3 ARTICLE 4: PERMITTED USE 3 ARTICLE 5 UTILITIES & TAXES 3 5.1 Utilities 3 5.2 Real and Personal Property Taxes 4 ARTICLE 6: INSPECTION PERIOD AND CONTINGENCIES 4 6.1. Preliminary Information 4 6.2. Right of Entry; Restoration of Premises and Indemnification by Tenant 4 6.3. Inspection Period. 4 6.4 General Contingencies .5 6.5 Title and Survey Contingency .5 6.6 Tenant's Election to Proceed 6 6.7 Closing 6 6.8 Acceptance of Premises Disclaimer 7 ARTICLE 7. PERMITTING AND FEES 7 ARTICLE 8: CONSTRUCTION OF IMPROVEMENTS; REPAIRS AND MAINTENANCE; ALTERATIONS AND IMPROVEMENTS 8 8.1. Construction of Improvements 8 8.2. Repairs and Maintenance. 10 8.3. Alterations and Improvements 11 8.4. Ownership of Buildings, Improvements, and Fixtures 11 8.5 Right to Remove Trade Fixtures 11 8.6 Naming and Other Rights 11 ARTICLE 9: LIENS 12 ARTICLE 10: INSURANCE AND INDEMNITY 12 10.1. Tenant's Insurance 12 10.2. Exculpation of Landlord 13 10.3. Tenant's Indemnification of Landlord 13 10.4 Tenant's Property 14 ARTICLE 11: DAMAGE AND DESTRUCTION 14 ARTICLE 12: CONDEMNATION 14 12.1. Complete Taking 14 12.2. Partial Taking Rendering Premises "Untenantable." 14 12.3. Partial Taking Not Rendering Premises "Untenantable" 15 12.4. Allocation of Condemnation Award 15 ARTICLE 13: BANKRUPTCY 16 ARTICLE 14: ASSIGNMENT AND SUBLETTING 16 ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 17 15.1. Events of Defaul 17 15.2. Remedies 17 ARTICLE 16: QUIET ENJOYMENT AND OPERATIONS AT PREMISES 17 16.1. Covenant of Quiet Enjoyment 17 16.2. Right to Possession. 18 16.3 Operations at the Premises 18 ARTICLE 17: TRADE FIXTURES 20 ARTICLE 18: LEASEHOLD MORTGAGE 20 ARTICLE 19: HAZARDOUS SUBSTANCE OR WASTE 20 19.1. Definitions. — 20 19.2. Landlord's Representation and Warranty. 21 19.3. Tenant Indemnification. 21 19.4. Survivability 22 ARTICLE 20: REAL ESTATE COMMISSIONS 22 ARTICLE 21: NOTICES AND DEMANDS 22 ARTICLE 22: GENERAL PROVISIONS 23 23.1. Binding on Successors 23 23.2. Severability 23 23.3. Entire Agreement 23 23.4. Captions 23 23.5. No Waiver 23 23.6. Holdover 24 23.7. Time of Essence 24 23.8. Governing Law 24 23.9. Counterparts 24 23.10. No Third Party Rights 24 23.11. Interpretation 24 ii 23.12. Short Form Lease 24 23.13. Estoppel Certificates 24 23.14. Due Authorization 24 23.15. Relationship of Parties 25 23.16. Authorization 25 23.17. Incorporation of Exhibits 25 23.18. Anti -Terrorism Warranties 25 23.19 Right of First Refusal regarding Lease for Optional Land....25 23.20 Publication .26 LIST OF EXHIBITS EXHIBIT A Site Plan EXHIBIT B Legal Description of Land EXHIBIT C Notice of Election EXHIBIT D Memorandum of Lease EXHIBIT E Mortgagee Protection Provisions EXHIBIT F Legal Description of Optional Tract EXHIBIT G Insurance iv STATE OF TEXAS COUNTY OF NUECES GROUND LEASE AGREEMENT This GROUND LEASE AGREEMENT (the "Lease") is made and entered into as of the Effective Date (defined below) by and between CITY OF CORPUS CHRISTI, a home rule city (the "Landlord"), and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation (the "Tenant"), for the purpose of constructing and operating a Regional Youth Sports Complex to build sports related tourism by hosting multi -day and multi -sport regional, state and national tournaments and events in effort to increase city hotel occupancy and sales tax revenues. The parties to this Lease may be referred to individually herein as "Party" or collectively herein as the "Parties." RECITALS A. Landlord is the fee simple owner of that certain 67.69 acre parcel of unimproved land, more or less, located near intersection of State Highway and FM 43 (Weber Road) in Corpus Christi, Nueces County, Texas as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B (the "Land"), attached to and made a part of this Lease. B. The Parties desire for Landlord to lease the Premises (defined herein) to Tenant, and to permit Tenant to construct and operate the Improvements (defined herein) on the Premises in accordance with this Lease. NOW, THEREFORE, in consideration of the premises set forth above, the rent to be paid, the mutual covenants and agreements of the Parties set forth below, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: ARTICLE 1: DEMISE OF PREMISES For one dollar and other good and valuable consideration stated herein, the receipt and sufficiency are hereby acknowledged, including but not limited to the performance by Tenant of the terms herein including the construction of improvements described herein, Landlord demises and lets to Tenant, and Tenant leases from Landlord, the Land, including any structures or improvements presently located thereon together with all easements and other rights, privileges and appurtenances thereto (collectively, the "Premises"). ARTICLE 2: DEFINITIONS In addition to terms defined elsewhere in this Lease, the following terms, for the purposes of this Lease, shall have the meanings set forth below: 2.1 "Closing" shall have the meaning ascribed to it in Section 6.7. 1 "Coastal Bend Community Foundation Tracts" shall mean the land adjacent to the Land owned by the Coastal Bend Community Foundation. "Commitment" shall have the meaning ascribed to it in Section 6.5. "Cure Period" shall have the meaning ascribed to it in Section 15.1. "Director" shall mean the Director of Parks and Recreation or designee, The "Effective Date" of this Lease for purposes of measuring performance hereunder shall be the sixty-first day after final approval by the Corpus Christi City Council. "Event of Default" shall have the meaning ascribed to it in Section 15.1. "Land" means that certain 67.69 acre parcel of unimproved land, more or less, located near the intersection of State Highway 286 and FM 43 (Weber Road) in Corpus Christi, Nueces County, Texas as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B attached hereto and made part hereof. "Laws" shall have the meaning ascribed to it in Section 8.1. "Lease" means this Lease Agreement between the City of Corpus Christi, Texas and SQH Sports & Entertainment, Inc. "New Survey" shall have the meaning ascribed to it in Section 6.5 "Option Term" shall have the meaning ascribed to it in Article 3. "Optional Land" means any portion of that certain 30.22 acre parcel of unimproved land, more or less, located at adjacent to the Land along Oso Creekin Corpus Christi, Nueces County, Texas as more particularly shown or described on Exhibit F attached hereto and made part hereof. "Permitted Exceptions" shall have the meaning ascribed to it in Section 6.5. "Permitted Transfer" shall have the meaning ascribed to it in Article 14. "Preliminary Information" shall have the meaning ascribed to it in Section 6.1. "Premises" shall have the meaning ascribed to it in Article 1. "Renewal Notice" shall have the meaning ascribed to it in Article 3. "Site Plan" is shown on Exhibit A attached hereto and made part hereof. "Survey" shall have the meaning ascribed to it in Section 6.1. "Taking" shall have the meaning ascribed to it in Article 12. C:\Users\B Statzer. PMGSUCCESS\AppData\LLocal\MicrosoftlWindows\INetCache\Content.Outlook\ZK45R2 WH10 9-09-16 City Clean.docx 2 "Term" shall have the meaning ascribed to it in Article 3. "Title Company" shall have the meaning ascribed to it in Section 6.4. "Title Defects" shall have the meaning ascribed to it in Section 6.5 "Title Policy" shall have the meaning ascribed to it in Section 6.7. "TLTA" means the Texas Land Title Association. ARTICLE 3: TERM, OPTION TERM This Lease shall be effective as a contract between the Parties as of the Effective Date, with the term hereof ("Term") commencing upon the Effective Date and expiring on the last day of the calendar month in which the fortieth (40t) anniversary of the Effective Date occurs, unless terminated as herein provided. Landlord and Tenant may mutually agree to extend the Term by up to four additional periods of five (5) years (each 5 -year period referred to as an "Option Term"), upon Tenant delivering written notice of its request to renew (the "Renewal Notice") to Landlord no later than six (6) months, before the expiration of the original forty (40) year Term. Upon Landlord's receipt of Tenant's Renewal Notice, Landlord shall notify Tenant within sixty (60) days whether the Lease will be renewed for an additional Option Term. ARTICLE 4: PERMITTED USE . The permitted use for this Lease, between Landlord and Tenant, is to enable Lessee to utilize Premises to construct, operate, repair and maintain a regional youth sports complex to build sports related tourism by hosting multi -day and multi -sport regional, state and national tournaments and events in effort to increase city hotel occupancy and sales tax revenues (the "Intended Use"). Tenant shall not use or allow use of the Premises for any other purpose without Director's prior written approval. ARTICLE 5: UTILITIES & TAXES 5.1. Utilities. During the Term Tenant will make all arrangements for obtaining service contracts and shall pay for all utilities (including without limitation electricity, water, gas, sewer and telephone service) and services furnished to, or to be used on, the Premises and/or in connection with the Improvements, and for all service commencement charges and meter reading fees. Such charges and expenses shall be paid by Tenant promptly and without delinquency directly to the utility companies or other entities to which such charges and fees are payable. Tenant shall comply with the Landlord's water conservation measures which are enacted pursuant to City ordinance. All utilities installed by Tenant must be done in compliance with all applicable City Codes and regulations including but not limited to the requirement at Unified Development Code Sections 8.5.2.F which provides that when property requesting wastewater service is located outside the City limits, the property owner shall agree to annex or sign a contract to annex such property prior to wastewater service being made available. In addition, reimbursement for a lift station installed by Tenant or any other developer shall only be made upon compliance with the Unified Development Code, which requires prior City Council approval of a separate reimbursement agreement prior to start of construction. Finally, per the C:IUsers\BStatzer.PMGSUCCESS\AppDatalLocal\Microsoft\Windows\TNetCache Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 3 Unified Development Code, the Tenant's or any other developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan has been approved by the City Council. Real and Personal Property Taxes. During the Term and any Option Term, Tenant shall pay all real and personal property taxes, if any, levied upon the leasehold created by this Lease, Tenant's personal property on the Land and/or in the Improvements, before the date on which such taxes would be delinquent. ARTICLE 6: INSPECTION PERIOD AND CONTINGENCIES 6.1. Preliminary Information. Within five (5) business days following the Effective Date, Landlord shall provide to Tenant the following information in Landlord's possession related to the Premises that may assist Tenant in its inspection of the Premises (the "Preliminary Information"): Special Warranty Deed recorded in the Official Public Records of Nueces County Texas as document #941343, a survey of the Premises (the "Survey"). 6.2. Right of Entry; Restoration of Premises and Indemnification by Tenant. Tenant and its consultants and agents are granted and shall have full right of entry upon the Land up to and including the termination date of this Lease as reasonably necessary to perform surveys and otherwise conduct due diligence tests and inspections of the Premises. If this Lease terminates prior to Tenant's construction of the Improvements, Tenant will restore the Land so that the Premises are in substantially the same condition as existed prior to any inspections, surveys and tests performed by or for Tenant as permitted herein. Tenant specifically agrees to defend, indemnify and save and hold Landlord harmless from and against any loss, damage, liability, suit, claim, cost or expense (including reasonable attorneys' fees) caused by the acts of Tenant, its consultants, agents or assigns, in the exercise of such right of entry, which indemnity will survive termination of this Lease. The foregoing restoration obligations and indemnity do not apply to any matters or conditions of the Land merely discovered or uncovered in the course of any inspections, surveys or tests. 6.3. Inspection Period. Tenant shall have until 11:59 p.m. central time on the date that is Sixty (60) days after the Effective Date (the "Inspection Period") in which to complete, at Tenant's expense, any and all physical inspections and other investigations of and concerning the Premises as Tenant, in its sole discretion, may deem appropriate. Tenant's inspections and investigations may include, without limitation, determination by Tenant as to the sufficiency of the Premises with respect to zoning, soil and environmental conditions, utilities, title, licenses, permits, easements and parking in connection with the Intended Use; provided, however, that notwithstanding any provision of this Lease to the contrary, Tenant shall not have the right to undertake any environmental testing beyond the scope of a standard "Phase II" environmental site assessment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall diligently pursue from the applicable governmental authorities all permits needed for the Intended Use. In the event that the results of the inspections, investigations and evaluations are, in Tenant's sole and absolute discretion, unacceptable to Tenant or Tenant decides, in Tenant's sole discretion, that the Premises is unsuitable for any reason or no reason at all, then Tenant shall not provide the Notice of Election (as hereinafter defined), in which event this Lease shall be terminated, and neither C:1UserslBStatzer.PMGSUCCESS\AppDatalLocallMicrosoft\Windows\INetCache\Content.Outlook1ZK45 R2 WH10 9-09-16 City Clean.docx 4 party shall have any further liability under this Lease except for such matters which are expressly designated to survive the termination hereof. 6.4. General Contingencies. Each of the following contingencies shall be satisfied as an express condition to this Lease, unless otherwise noted herein: a. Tenant obtaining at Tenant's expense and prior to the expiration of the Inspection Period all necessary permits and governmental and private party approvals determined by Tenant to be necessary or advisable for the operation of the Premises and Improvements as a Regional Youth Sports Complex b. Prior to the expiration of the Inspection Period, Tenant (ii) obtaining environmental reports satisfactory to Tenant, at Tenant's expense, including but not limited to, acceptable environmental assessment(s), acceptable soil tests, and an acceptable topographical survey, reflecting that there are no recognized environmental conditions or other environmental matters for which remediation is recommended, or with respect to which additional testing needs to be performed or is recommended; and (iii) confirming the Land has legal access as shown on the Site Plan and sufficient for the Intended Use. c. Tenant receiving prior to the expiration of the Inspection Period, at Tenant's expense a commitment for a TLTA leasehold title insurance policy from a title company reasonably acceptable to Tenant (the "Title Company"), with all Title Defects (as defined in Section 6.5 below) being satisfied or waived as provided in Section 7.6 below. In the event that any of the contingencies provided for in this Section 6.4 are not timely satisfied, and Tenant does not provide the Notice of Election (defined in Section 6.6 below), then this Lease shall be terminated and neither Party shall have any further liability under this Lease, except for such matters which are designated to survive the termination hereof. 6.5. Title and Survey Contingency. Within thirty (30) days after the Effective Date, Landlord shall furnish Tenant at Tenant's expense with a commitment for a TLTA leasehold title insurance policy from the Title Company, together with complete and legible copies of Landlord's vesting deed and all requirement and exception documents referenced therein (collectively, the "Commitment"). Upon and after the Effective Date, Landlord shall not create or consent to any new document or matter which would affect the title to the Premises without Tenant's express written consent. During the Inspection Period, Tenant may obtain a new ALTA/ACSM Land Title Survey of the Premises from a surveyor reasonably acceptable to Tenant (the "New Survey"). Within forty-five days after Tenant's receipt of both the Commitment , Tenant shall notify Landlord of (i) any liens, encumbrances, exceptions, qualifications or other matters of or affecting title, and (ii) any matters, circumstances, or conditions disclosed by the Survey or New Survey which are not acceptable to Tenant (the "Title Defects"). Landlord shall notify Tenant within ten (10) days following its receipt of the list of Title Defects which, if any, of such Title Defects Landlord will attempt to cure. If Landlord declines to attempt to cure one (1) or more C:\UserslBStatzer.PMGSUCCESS\AppDatalLocallMicrosoft\WindowsVNetCacheContent.Outlook\ZK45R2W1-110 9-09-16 City Clean.docx 5 Title Defect(s), Tenant may terminate this Lease by notice in writing delivered to Landlord prior to the expiration of the Inspection Period. If Tenant fails to notify Landlord of Title Defects, or fails to terminate the Lease after giving such notice, the Title Defects, to the extent Landlord declined to attempt to cure, shall be deemed "Permitted Exceptions." In the event Landlord fails to eliminate or otherwise resolve, to the reasonable satisfaction of Tenant, one (1) or more Title Defects that Landlord agreed to attempt to cure in its response to Tenant, then Tenant may either: (i) terminate this Lease; or (ii) waive Tenant's objection(s) to such uncured Title Defect(s) and lease the Premises. In the event of such waiver, all such matters not cured shall be deemed Permitted Exceptions. If at any time after Tenant receives the initial Commitment, Tenant discovers new Title Defects not present in the initial Commitment, Tenant shall have the right to deliver a supplemental notice of such new Title Defects to Landlord within thirty (30) days following Tenant's discovery of such Title Defects. Landlord shall notify Tenant within ten (10) days following its receipt of any supplemental notice of Title Defects which, if any, Landlord will attempt to cure and if Landlord declines to cure, or if Landlord agrees to cure but fails to cure such new Title Defects to Tenant's reasonable satisfaction within thirty (30) days after receipt of Tenant's supplemental notice, then Tenant shall have the right to terminate the Lease (notwithstanding that Tenant may have already delivered the Notice of Election) or Tenant may, in its discretion, waive such objections and continue under the Lease. 6.6. Tenant's Election to Proceed. If Tenant has determined that it does not wish to terminate the Lease in accordance with Section 6.3, Section 6.4 or Section 6.5, it will deliver to Landlord on or before the expiration date of the Inspection Period the executed notice of election attached hereto as Exhibit C (the "Notice of Election"). Tenant's failure to deliver the Notice of Election by such time will be construed as its election to terminate the Lease on the final day of the Inspection Period. 6.7. Closing. If Tenant has not terminated this Lease and the Lease has not been automatically terminated in accordance with Section 6.6, Landlord and Tenant will proceed to close (the "Closing") Tenant's purchase of the leasehold title insurance policy that is the subject of the Commitment (the "Title Policy") within thirty (30) days of the date Tenant delivers the Notice of Election. (a) At the Closing, the Landlord shall duly execute and deliver to the Title Company: (i) any curative documents necessary to cure the Title Defects which Landlord agreed to cure, if any, to the extent not already recorded; and (ii) any documents and instruments required from Landlord under the Commitment as a condition to the issuance of the Title Policy or otherwise reasonably requested by the Title Company. (b) At the Closing, the Tenant shall pay the premium for the Title Policy, and shall duly execute and deliver to the Title Company any documents and instruments required from Tenant under the Commitment from the Tenant as a condition to the issuance of the Title Policy or otherwise reasonably requested by the Title Company. C:1UserslBStatzer.PMGSUCCESS\AppDatalLocallMicrosoft\Windows\INetCache\Content.Outlook\ZK45R2 WH10 9-09-16 City Clean.docx 6 If necessary to conform the legal description of the Land or as otherwise required by the Title Company, the Parties shall also duly execute and deliver at Closing an amendment to this Lease correcting any errors in the legal description. 6.8 Acceptance of Premises Disclaimer: A. TENANT ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST IN, ON, OR UNDER THE PREMISES, INCLUDING BUT NOT LIMITED TO DEBRIS, MULCH, CONCRETE AND CONSTRUCTION MATERIALS LOCATED AT THE PREMISES, AND THAT NEITHER LANDLORD, NOR ANY EMPLOYEE OR AGENT OF LANDLORD, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. B. TENANT 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. C. TENANT ACKNOWLEDGES AND AGREES THAT TENANT 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 TENANT INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. D. TENANT ACKNOWLEDGES TI -IAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, 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 THERETO. TENANT ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LANDLORD WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. E. THE PROVTSIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. ARTICLE 7: PERMITTING AND FEES; AND REZONING Subject to Tenant complying with all applicable laws, Landlord agrees to cooperate with Tenant to expeditiously process permits, including plat applications, zoning, site plan applications, building permit applications, building and construction inspections required for the Premises to be in a state of completion. Tenant shall be responsible to pay all applicable permitting fees. Landlord agrees to pursue rezoning of Premises for use of the Land as a regional youth sports complex consistent with the Intended Purpose. In the event the rezoning is C:lUsers\BStatzer.PMGSUCCESS\AppData\LocallMicrosoft\Windows\INetCache\Content.Outlook1ZK45R2 WH10 9-09-16 City Clean.docx 7 not approved, then this Lease may be terminated by Tenant upon 30 days written notice as Tenant's sole and exclusive remedy. ARTICLE 8: CONSTRUCTION OF IMPROVEMENTS; REPAIRS AND MAINTENANCE; ALTERATIONS AND IMPROVEMENTS 8.1. Construction of Improvements. Tenant shall use good faith efforts, subject to events beyond Tenant's reasonable control which render its performance hereunder commercially impracticable, to construct or cause to be constructed on the Land the buildings and other site improvements needed from time to time and as determined in Tenant's sole discretion (including any monument or pylon signs) for the Intended Use (collectively, the "Improvements"), subject to the provisions and requirements of this Lease and of all government agencies having jurisdiction thereover. Tenant will perform all construction, including alterations and improvements referenced below in material compliance with all applicable laws, statutes, ordinances, codes, rules, regulations, and directives (collectively, "Laws"), including, but not limited to, the Americans with Disabilities Act and only after obtaining and maintaining in full force and effect all necessary licenses and permits. The construction and installation of the Improvements by Tenant shall be completed in a good and workmanlike manner. The cost of the Improvements and any fines imposed for failure of Tenant to comply with applicable Laws shall be borne solely by Tenant. 8.1.1. Specific Improvements. Specifically, the Improvements shall consist of the following: • 6 outdoor fields for soccer, lacrosse, and flag football • 8 baseball/softball diamonds, capable of adjusting for age of participants and particular sport • 10 sand volleyball pits • Concessions at fields and fieldhouse • Children's outdoor play area • Fieldhouse that will host a minimum of 6 full-size basketball courts, 12 volleyball courts, and a cheer area • Outdoor Picnic Area • 5,000 square foot restaurant • Admissions and Administration offices 8.1.2. Performance Milestones — Tenant agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the C:\Users\BStatzer.PMGSUCCESS\AppData'Local\MicrosoftWindows\INetCachelContent.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 8 sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within 13 months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within 14 months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within 27 months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within 29 months from the Effective Date. Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within six months from the Effective Date shall be grounds for either party to terminate this Lease upon written notice, and at no cost or liability to the other party. 8.1.3 Construction at the Premises A. No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the Director of Parks and Recreation ("Director"), whose approval shall not be unreasonably delayed. Tenant shall not make any additions or alterations to the Premises or to any Improvements without the Director's prior written approval. If approved, Tenant must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. C:UserslBStatzer.PMGSUCCESS\AppDatalLocallMicrosoft\Windows.INetCachelContent.Outlook1ZK45R2 WH10 9-09-16 City Clean.docx 9 B. All additions or alterations must be made at Tenant's expense. Tenant must provide proof to the Director of sufficient funds on hand to complete the construction. All additions or alterations installed by Tenant must be repaired or replaced at Tenant's expense and may be removed by Tenant at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Tenant which are not removed at the expiration or termination of this Lease become the property of the City without necessity of any legal action. C. The plans and specifications for all additions or alterations shall be prepared by state - licensed architects or engineers. The Improvements must be designed and constructed to meet American Sports Builder Association guidelines and American Society for Testing Material standards. The plans and specifications must be approved in writing by the Director of Capital Programs or designee prior to construction. The plans and specifications must be prepared to ensure that any runoff from the Premises does not negatively impact Oso Creek. D. A payment bond is required for construction contracts that exceed $25,000. A performance bond is required for construction contracts that exceed $100,000. The bond(s) shall be made with the City as the obligee. E. Lessee shall ensure that an indemnity clause acceptable to the City is included in all construction contracts. F. All construction contracts must be approved in writing by the Director of Engineering or designee. All construction contracts must include terms regarding the City's ability to inspect, reject and accept the work. G. Tenant shall include in all construction contracts for the Improvements, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." H. Tenant shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in the attached insurance exhibit. 8.2. Repairs and Maintenance. Subject to the provisions of Article 11, Tenant agrees that during the Term it will, at its expense and without any expense to Landlord, promptly make all necessary repairs to or replacements of the Improvements and all parking areas, sidewalks, curbs, lawns, lighting, irrigation and landscaping on the Land, and maintain the Premises and the Improvements, in accordance with all applicable Laws, and in good condition C:\Users\BStatzer.PMGSUCCESS\AppData \Local\Microsoft\W indows\INetCache\Content.Outlook\ZK45R2 WH10 9-09-16 City Clean.docx 10 and repair. Tenant shall, at all times during the Term, assure that the Premises and the Improvements are in compliance with all applicable Laws. Tenant shall not commit waste with respect to the Premises. The Parties intend that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises or the Improvements or any equipment therein or thereon, whether structural or non-structural, during the Term, all of which obligations are intended to be imposed on Tenant. 8.3. Alterations and Improvements. After construction of the agreed Improvements as shown on the Site Plan, Tenant may, at its expense and with the prior written consent of Landlord acting through its City Manager (i) make changes or alterations, structural or otherwise, to the Premises and to the exterior and interior of the Improvements; and (ii) erect, construct or install upon the Land buildings and improvements in addition to those now or hereafter located thereon. 8.4. Ownership of Buildings, Improvements, and Fixtures. Any and all buildings, improvements, additions, alterations, and fixtures, except Trade Fixtures (as defined herein), constructed, placed, or maintained on any part of the Premises during the Tenn shall be considered part of the real property of the Premises and shall remain on the Premises and become the property of Landlord on termination of this Lease. 8.5. Right to Remove Trade Fixtures. Tenant shall have the right at any time during Tenant's occupancy of the Premises, or within a reasonable time thereafter, to remove any and all Trade Fixtures (as defined herein), owned or placed by Tenant, its sublessees or licenses, in or on the Premises, or acquired by Tenant, whether before or during the Term, but prior to the termination of the Lease. Tenant must repair any damage to the Premises to any buildings or improvements on the Premises resulting from such removal. Any such personal property items which are not removed by the termination date of the Lease shall become the property of Landlord as of that date. 8.6. Naming and Other Rights. A. Tenant shall have the full right to provide a name or names for the regional youth sports complex during the Term of this Lease; provided, however, that except for city names which are incorporated into the brand name of any nationally or regionally offered product or service (such as, by way of example and not limitation, "Seattle's Best" coffee, or "Boston Market" goods), Tenant shall display no reference to any country or to any city other than the City in any signage, advertising, and other identification monuments or visible media containing the name used by or identifying the regional youth sports complex facility on the Premises. B. Tenant agrees to use a name for the regional youth sports complex that is appropriate for a City -owned facility. C. Within thirty (30) days after the Tenant's disclosure to the City of the name of the regional youth sports complex, the City shall have the right to disapprove and thus prohibit such name for the regional youth sports complex (including the name for any part of the regional youth sports complex) if the City Council reasonably deems such name to be in bad taste or offensive to the City's image or a potential source of embarrassment to the City. C:1Users\BStatzer.PMGSUCCESSWppData\Local\Microsoft\WindowsliNetCache Content.Outlook\ZK45R2W1-110 9-09-16 City Clean.docx 11 D. Any advertising, documents or media information prepared by or within the control of Tenant describing any event at the regional youth sports complex shall identify the City as the location of the regional youth sports complex. E. Without limiting the foregoing, Tenant shall have the exclusive right to contract with any person with respect to use and enjoyment of such name for the regional youth sports complex and the exclusive right to enter into such agreements with others whereby such others may display names, logos, trademarks, advertisements, slogans, emblems, brand names, and the like in or about the Premises. F. Tenant reserves the right to change the name of the regional youth sports complex from time to time. G. Tenant also retains exclusive control over, and the right to grant to others, the rights to broadcasts to and from the Premises, regardless of the medium used (e.g. television, radio, internet, satellite) and all revenues therefrom. H. Any agreement executed by Tenant that sells the right to name the regional youth sports complex shall provide that should the party to whom said right has been sold perform or be the subject of any Act of Bankruptcy, Landlord shall have the right to immediately terminate such agreement and have the right to seek a new agreement with respect to the naming rights for the regional youth sports complex. I. Notwithstanding anything herein to the contrary, the naming rights shall be subject to and subordinate to this Lease Agreement. ARTICLE 9: LIENS Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, and shall indemnify, protect and hold harmless Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. If, at any time during the Term, any interest of Landlord or Tenant in the Premises becomes subject to a lien for labor or materials furnished to Tenant in the repair or improvement of the Premises, within thirty (30) days after Tenant's receipt of written notice informing Tenant of the recording of such lien, Tenant shall cause the lien to be bonded or discharged, and shall otherwise defend and hold Landlord harmless on account thereof, provided, however, that if Tenant desires in good faith to contest the validity or correctness of any such lien, it may do so, and Landlord shall cooperate to whatever extent may be necessary, provided only that Tenant shall defend and indemnify Landlord against any costs, loss, liability or damage on account thereof, including reasonable attorneys' fees. The interest of Landlord in the Premises shall not be subject to liens for improvements made by or for the account of Tenant, for which Tenant shall provide due notice to all parties who provide any services or materials with respect to any work on the Premises. ARTICLE 10: INSURANCE AND INDEMNITY 10.1. Tenant's Insurance. Tenant shall obtain, maintain and keep in force, or cause to be obtained, maintained and kept in force, for the period commencing upon delivery of the C:\Users\B Statzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache\Content.Out1ook\ZK45 R2 WH\0 9-09-16 City Clean.docx 12 Premises to Tenant and continuing thereafter during the Term, insurance as required by the attached Exhibit "G" — Tenant's Insurance Requirements. 10.2. Exculpation of Landlord. It is expressly understood and agreed by and between Landlord and Tenant that Landlord shall have no liability for damage or injury to any person or property in, on or about the Premises or the Improvements caused by or resulting from acts or omissions of any tenant, occupant, licensee or invitee of or on the Premises, unless (i) such damage or injury is caused by or results from the negligence or willful misconduct of Landlord or Landlord's agents, employees, representatives, or contractors and (ii) Landlord is responsible for such damage under the Texas Tort Claims Act. Nothing in this Lease shall waive any defenses or immunities available to Landlord. 10.3. Tenant's Indemnification of Landlord. NOTWITHSTANDING THE LIMITS OF INSURANCE SPECIFIED HEREIN, TENANT SHALL INDEMNIFY AND HOLD LANDLORD, ITS OFFICERS, AGENTS AND EMPLOYEES ("INDEMNITEES") HARMLESS OF, FROM, AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS, LIABILITIES, EXPENSES, AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON OR PROPERTY TO THE EXTENT ANY DAMAGE OR INJURY MAY BE INCIDENT TO, ARISE OUT OF, OR BE CAUSED, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, BY AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF THE INDEMNITEES OR ON THE PART OF TENANT, OR ANY OF TENANT'S AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, VENDORS, PATRONS, GUESTS, LICENSEES, OR INVITEES ("INDEMNITORS") ENTERING UPON THE PREMISES, WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF TENANT, OR WHEN ANY INJURY OR DAMAGE IS THE RESULT, PROXIMATE OR REMOTE, OF THE VIOLATION BY INDEMNITEES OR INDEMNITORS OF ANY LAW, ORDINANCE, OR GOVERNMENTAL ORDER OF ANY KIND, OR WHEN THE INJURY OR DAMAGE ARISE OUT OF, OR BE CAUSED BY, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, BY AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF INDEMNITORS UNDER TIIIS AGREEMENT. THESE TERMS OF INDEMNIFICATION ARE EFFECTIVE WHETHER THE INJURY OR DAMAGE MAY RESULT FROM THE SOLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, OR CONCURRENT NEGLIGENCE OF INDEMNITEES, AND IN ALL CASES WHERE INDEMNITEES' ACTIONS ARE DIRECTLY RELATED TO THE USE OF THE PREMISES, BUT NOT IF THE DAMAGE OR INJURY RESULTS FROM GROSS NEGLIGENCE OR WILFULL MISCONDUCT ON INDEMNITEES. TENANT COVENANTS AND AGREES THAT IF ANY OF THE INDEMNITEES ARE MADE A PARTY TO ANY LITIGATION AGAINST TENANT OR IN ANY LITIGATION COMMENCED BY ANY PARTY, OTHER THAN TENANT, RELATING TO THIS AGREEMENT OR RELATING TO THE PREMISES, TENANT SHALL C:1Users\BStatzer.PMGSUCCESS\AppData LocallMicrosoft\Windowsl[NetCache Content.Outlook1ZK45R2WH\O 9-09-16 City Clean.docx 13 DEFEND INDEMNITEES UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION. 10.4. Tenant's Property. All property belonging to Tenant or its agents, employees, invitees or otherwise and located at or in the Premises or the Improvements shall be kept at the risk of Tenant only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof and Tenant agrees to defend and hold Landlord and Landlord's agents, employees and servants harmless and indemnify them against third -party claims and liability for injuries to such property. ARTICLE 11: DAMAGE AND DESTRUCTION Except in the case of a casualty loss which occurs in the last two (2) years of the Term or during the Option Term, if the Improvements or any part thereof are damaged or destroyed by fire or other casualty, this Lease shall continue in full force and effect. If, during the last two (2) years of the Term or during the Option Term, any of the Improvements shall be damaged by fire or other casualty to the extent that, in Tenant's reasonable judgment, the Premises are not usable in its damaged condition for the conduct of Tenants business, Tenant may, upon written notice to Landlord, elect to terminate this Lease, in which event all proceeds of the insurance payable in respect for pertaining to the Improvements shall belong to and be paid to Landlord with reduction for any deductible. If Tenant elects to terminate this Lease due to casualty loss which occurs in the last two (2) years of the Tenn, Tenant shall so notify Landlord within thirty (30) calendar days after the date of such casualty, whereupon this Lease shall terminate as of the later to occur of: (i) Tenant's vacation and surrender of the Premises, and (ii) Landlord's receipt of such termination notice. If Tenant terminates this Lease, Tenant shall not be required to repair any damage resulting from such casualty. If the Improvements are damaged or destroyed by fire or other casualty in years 1 through 38 of the Lease, or during the Option Term, then the parties will develop a mutually agreed upon schedule for reconstruction of the Improvements at the Premises, which schedule shall take into account sufficient time necessary for third party processing of Tenant's insurance claims. ARTICLE 12: CONDEMNATION 12.1. Complete Taking. If the whole of the Premises and/or Improvements are taken for any public or quasi -public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain ("Taking"), then this Lease shall terminate as of the earlier of the date that title vests in the condemnor or the date that the condemnor takes possession of the property so taken ("Date of Taking"). In such event, all charges payable hereunder shall be prorated and paid to the Date of Taking. Installation of City utilities upon or across the Premises does not constitute a Taking for purposes of this Lease. 12.2. Partial Taking Rendering Premises "Untenantable." If a Taking by any lawful power or authority by the exercise of the right of condemnation or eminent domain of a portion of the Premises or Improvements or a portion of any access drive or curb cut adjacent to the Premises necessary, in Tenant's sole but reasonable judgment, for the Intended Use, occurs and such Taking renders the entire Premises and/or Improvements "untenantable," as such term is hereinafter defined, then Tenant shall have the right to terminate this Lease, as of the Date of C:\Users\BStatzer.PMGSUCCES S\AppData'•Local\Microsoft\W indows\INetCache\Content.Outlook\ZK45 R2 WH10 9-09-16 City Clean.docx 14 Taking, by giving written notice of such termination to Landlord within ninety (90) days after the date of Tenant's receipt of notice from the condemnor of the Date of Taking. Installation of City utilities upon the Premises does not constitute a Taking for purposes of this Lease. In the event of termination of this Lease in accordance herewith, all charges payable hereunder shall be prorated and paid to the Date of Taking. For purposes of this Article 12, "untenantable" shall be deemed to refer to a situation in which any Improvement(s) or any parking spaces, driveways or access ways, or other improvements on or included in the Premises, or adjacent to the Premises, that may have been displaced by the Taking cannot, in the sole discretion of the Tenant, be relocated, restored or re- routed upon the portions of the Land that remain after the Taking in a commercially reasonable manner that results in an economically viable operation of the Intended Use, thereby causing the Premises and/or Improvements to be unsuitable for Tenant to carry on the Intended Use as contemplated by this Lease. In the event that a Taking of any portion of the Premises and/or Improvements occurs which renders the entire Premises and/or Improvements "untenantable," and Tenant fails to terminate this Lease within the time period provided above, then this Lease shall continue in full force and effect. 12.3. Partial Taking Not Rendering Premises "Untenantable". In the event of a Taking of any portion of the Premises and/or Improvements which does not render the Premises and/or Improvements "untenantable," as defined above, all charges shall be abated for a reasonable period of time, not to exceed one hundred fifty (150) days after Tenant's receipt of the condemnation award, in order to allow Tenant to make any alterations and/or improvements that in the sole discretion of Tenant are necessary to relocate, restore or re-route any Improvements or parking spaces, driveways or access ways, or other improvements on or included in the Premises which were displaced by the Taking. Following the completion by Tenant of any such improvements, repairs, restoration or alterations to the Premises and/or Improvements that may be necessary as a result of any such Taking, the abatement of charges provided for herein shall cease, and all other charges shall again be assessed against the Premises as provided for hereinabove. Notwithstanding anything to the contrary in the foregoing, Tenant, after Tenant's receipt of the condemnation award, shall have an affirmative obligation to exercise all reasonable efforts in order to perform any construction, repairs, restoration or alterations to the Premises and/or Improvements that may be necessary to relocate, repair, restore or re-route any Improvements or parking spaces, driveways or access ways, or other improvements on the Land that may have been displaced by the Taking, and which can be, in the sole discretion of Tenant, relocated, repaired or re-routed upon the portions of the Premises that remain after the Taking in a commercially reasonable manner that results in an economically viable operation of the Intended Use. 12.4. Allocation of Condemnation Award. The condemnation award payable with respect to any Taking of all or a part of the Land and/or Improvements shall be made available to Tenant to pay for the relocation, re-routing or construction and completion of any replacements, restoration, alterations and improvements, but Tenant shall not be obligated to expend an amount greater than the amount awarded to Landlord and Tenant on account of the taking of the C:Users\BStatzer.PMGSUCCESS\AppData\Local\MicrosoftVindows INetCache.Content.Outlook\ZK45R2WH10 9-09-16 City Clean.docx 15 Improvements, exclusive of that portion of the award attributable to the taking of the Land. If the amount awarded to Landlord and Tenant on account of the Taking is not sufficient to permit Tenant to so alter, repair and restore the Premises and/or Improvements, Tenant, at Tenant's discretion, may give notice to Landlord of such deficiency within thirty (30) days after the Date of Taking and Landlord may elect to contribute the amount of the deficiency to the cost of the repair and restoration or to terminate this Lease. Landlord shall notify Tenant of its election within thirty (30) days after the date on which Landlord receives the notice of deficiency from Tenant. If Landlord elects to terminate this Lease, the termination shall be effective as of the Date of Taking and all Rent and other charges payable hereunder shall be prorated and paid to the date of termination. The condemnation award received by Landlord and Tenant shall be otherwise allocated as set forth below. If a Taking of the whole or a part of the Premises and/or Improvements shall occur, then Landlord shall have the unqualified right to pursue its remedies against the condemnor for the full value of Landlord's fee interest and other property interests in and to the Premises and/or Improvements. Similarly, Tenant shall have the unqualified right to pursue its remedies against the condemnor for the full value of Tenant's leasehold interest, moving and relocation expenses, and other property interests in and to the Premises and/or Improvements. If the laws of the State of Texas allow or require the recovery from the condemnor to be paid into a common fund or to be paid to Landlord only, and if such recovery is so paid into a common fund or to Landlord only, then the recovery so paid shall be apportioned between the Parties according to the value of their respective property interests as they existed on the date of the Taking, giving due consideration to the number of years remaining in the Term and the condition of the Improvements and any other improvements on the Land. The provisions of this Section 12.4 shall survive any termination of this Lease pursuant to the provisions of Article 12. ARTICLE 13: BANKRUPTCY If, at any time during the Term, bankruptcy, insolvency or other similar proceedings shall be instituted by or against Tenant, whether or not such proceedings result in an adjudication against Tenant or should a receiver of the business or assets of Tenant be appointed, such proceedings or adjudication shall not affect the validity of this Lease so long as the Rent and the other terms, covenants and conditions of this Lease on the part of Tenant to be performed are performed, and in such event this Lease shall remain in full force and effect in accordance with its terms. ARTICLE 14: ASSIGNMENT AND SUBLETTING Except for a Permitted Transfer (defined herein), Tenant may not assign this Lease or sublet the Premises, in whole or in part, without obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Landlord's consent shall not be considered unreasonably withheld or delayed if the proposed transferee's financial net worth is less than that of Tenant. Landlord's failure to approve or disapprove any assignment or sublease request within thirty (30) business days shall be deemed to be Landlord's approval of such request. For purposes of this Lease, a "Permitted Transfer" shall include an assignment of this Lease or a sublease of the Premises, in whole or in part, an entity controlled or majority-owned by Tenant or any successor resulting from a reorganization of, or merger with, C:\UserslB Statzer.PMGSUCCESS\AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\ZK45 R2 WH10 9-09-16 City Clean.docx 16 Tenant. In the event of a Permitted Transfer, the assignee or sublessee, as applicable, shall assume in writing all present and future obligations of Tenant under this Lease, and upon such assumption the Tenant shall have no further obligations under this Lease other than those that accrued prior to the effective date of the Permitted Transfer. Except in the case of a Permitted Transfer, Tenant shall remain fully liable hereunder for any obligation of Tenant arising under this Lease, whether past, present or future; provided, however, that Tenant's liability shall be limited to obligations of Tenant arising during the initial Term of the Lease (or any remaining Option Term if the assignment or sublease occurs during an Option Term) and Tenant shall have no liability for any obligations arising during a subsequent Option Term elected by the assignee or sublessee. Any assignee or sublessee hereunder shall expressly assume in writing all obligations on Tenant's part to be performed under this Lease from and after the effective date of the assignment or subletting. Notwithstanding anything in this Lease to the contrary, Tenant may enter into any type of sublease, license or any other type of agreements with third parties relating to any retail, equipment supplies, sports medicine, restaurants or any other types of operations in connection with the Intended Use. ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 15.1. Events of Default. The occurrence of any one or more of the following events (each an "Event of Default") shall constitute a default and breach of this Lease by Tenant: If Tenant fails to perform any of Tenant's obligations or breaches any covenant or representation or warranty under this Lease for a period of sixty (60) days after written notice from Landlord (the "Cure Period"). 15.2. Remedies. Upon the occurrence of an Event of Default, and at any time thereafter, at Landlord's option, and without limiting Landlord in the exercise of any other rights or remedies which Landlord may have at law or in equity by reason of such breach, if such Event of Default shall not have been cured during such Cure Period, Landlord may terminate this Lease by giving written notice to Tenant of Landlord's election to so terminate, re-enter the Premises and take possession of the same, and expel or remove Tenant and all other parties occupying the Premises and/or Improvements, and remove all property of Tenant and store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant without being deemed guilty of trespass. In such event, and subject at all times to the law of the State of Texas pertaining to and/or dictating the duty of a landlord to mitigate damages in the event of a tenant's breach of a lease, Landlord shall thereupon be entitled to recover from Tenant all costs to remove Tenant's personal property and return Premises to good condition. ARTICLE 16: QUIET ENJOYMENT AND TITLE AND OPERATIONS AT THE PREMISES 16.1. Covenant of Quiet Enjoyment. Subject to the terms of this Lease, upon paying the Rent and performing the other terms, covenants and conditions of this Lease on C:1UserslBStatzer.PMGSUCCESSIAppData\Local\Microsoft\WindowslINetCachelContent.Outlook\ZK45R2 WH10 9-09-16 City Clean.docx 17 Tenant's part to be performed, Tenant shall and may peaceably and quietly have, hold, occupy, possess and enjoy the Premises during the Term. However, Landlord retains the right to use or cross the Premises with utility lines and easements needed for utility operations. Landlord must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Landlord exercises these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. In addition, Landlord's vehicles including solid waste vehicles shall have emergency use of roads on the Premises to allow Landlord access through the Premises. 16.2. Right to Possession. Landlord covenants, warrants and represents that: (i) as of the Effective Date, Landlord alone will have the full right to lease the Premises for the Term and as set forth in this Lease, and (ii) the Premises are now unoccupied and tenant -free, and (iv) Tenant shall have at all times during the term absolute, tenant -free possession of the Premises. 16.3 Operations at the Premises. Tenant's use and operations of the Premises shall be in compliance with all applicable Federal, State and local laws and regulations. Tenant shall ensure that its activities at the Premises shall not negatively impact Oso Creek. Tenant agrees to comply with the following regarding its operations at the Premises: 16.3.1. Tenant shall be the exclusive manager and operator of the Regional Youth Sports Complex and shall have the exclusive right to contract for its use during the Term in a manner that will promote and further the purposes for which the Regional Youth Sports Complex has been constructed. Tenant shall do all things and take all commercially reasonable actions necessary for the operation and maintenance of the Regional Youth Sports Complex in accordance with this Lease and in a manner generally consistent with the operation and maintenance of the comparable facilities as of the Effective Date, subject to normal wear and tear. Without limiting the foregoing, Tenant is authorized to and shall: A. charge and collect all operating revenue, parking use charges, concession revenue and seat and suite use charges for the Regional Youth Sports Complex and Premises and, in connection therewith, use all commercially reasonable efforts to obtain all fees, rents and other amounts due from concessionaires and other users of the Regional Youth Sports Complex and Premises, and shall cause notices to be served upon such users to quit and surrender space occupied or used by them where desirable or necessary in the opinion of Tenant and shall ask for, demand, collect and give receipts for all amounts which at any time may be due from any licenses and other users of the Regional Youth Sports Complex and Leased Premises; B. prepare and submit to the Landlord (for its review and comment but not approval) on or before September 30 each year, a renewal and replacement account budget projecting the estimated capital repair work expenditures for the Regional Youth Sports Complex; C. commence, defend and settle in good faith such legal actions and proceedings concerning the operation of the Regional Youth Sports Complex (except for City events) as are necessary or required in the opinion of Tenant and shall retain legal counsel in connection therewith; C:\Users\BStatzer.PMGSUCCESS\AppData\L.ocal' Microsoft\Windows\INetCache\Content.Outlook\ZK45R2 WHIO 9-09-16 City Clean.docx 18 D. employ, pay and supervise all personnel that Tenant determines to be necessary for the operation of the Regional Youth Sports Complex (such personnel, during the course of such employment shall be employees of Tenant and shall not be employees of Landlord); determine all matters with regard to such personnel, including without limitation, compensation, bonuses, fringe benefits, hiring and replacement and shall prepare, on its own behalf and file when due, all forms, reports and returns required by law relating to the employment of such personnel; E. purchase and maintain all materials, tools, machinery, equipment and supplies deemed necessary by Tenant for the operation of the Regional Youth Sports Complex; F. maintain the Regional Youth Sports Complex in accordance with comparable facilities subject to normal wear and tear, and maintain and operate the Regional Youth Sports Complex in compliance with all requirements necessary for the conduct of all games; G. prepare, coordinate, implement, revise as necessary and administer a preventative maintenance plan and program for the Regional Youth Sports Complex, its machinery and equipment, and provide a maintenance log for each calendar year of this Lease; H. from and after the Effective Date, arrange for and provide all utility and other services for the Regional Youth Sports Complex and pay or cause to be paid when due all charges for water, sewer, gas, light, heat, telephone, electricity, and other utilities and services rendered to or used on or about the Regional Youth Sports Complex; I. maintain or cause to be maintained all necessary licenses, permits and authorizations for the operation of the Regional Youth Sports Complex; J. furnish to the Landlord such reports and other information concerning the condition of the Regional Youth Sports Complex and operation thereof (excluding any financial operating results or other information deemed commercially sensitive by Tenant) as may be reasonably requested from time to time by the Landlord, it being understood, however, that Tenant shall not be required to generate any special reports but rather just make available to Landlord any reports already prepared by Tenant in the normal conduct of its business; K. procure and negotiate contracts with concessionaire(s) for the operation of consumable and/or non -consumable concessions at the Regional Youth Sports Complex (unless Tenant shall self -operate such concessions); and L. control the issuance and issue all credentials for events at the Regional Youth Sports Complex. M. As additional consideration for this Lease, Tenant shall allow Landlord the right to use the Regional Youth Sports Complex for City of Corpus Christi sponsored activities that specifically benefit the Corpus Christi community, for example, a sporting event coordinated through the City Parks & Recreation Department ("City Activities") free of any facility rental or admission charge, as follows: one weekday City Activity and one full weekend City Activity. Further, no more than one City Activity may be held within a calendar month and no more than two City Activities may be held during any calendar year. Any City Activity shall be scheduled with Tenant at mutually agreeable dates. C:1Users\BStatzer.PMGSUCCESS\AppData\Local`.Microsoft WindowslINetCache'.Content.Outlook\ZK45R2W E 1.0 9-09-16 City Clean.docx 19 ARTICLE 17: TRADE FIXTURES Anything contained in this Lease to the contrary notwithstanding, Landlord acknowledges, consents and agrees that all furniture, machinery and equipment which are installed or placed in, on or about the Improvements or the Premises by Tenant, its agent, or its tenants or assigns ("Trade Fixtures"), whether affixed to the Premises, the Improvements, or otherwise (excluding heating, ventilating, and air conditioning system, and all electrical, mechanical, and plumbing systems and components thereof that constitute an integral part of the Improvements), shall be and at all times remain the property of Tenant or its tenant or assigns and may be removed at any time during the Term or upon the expiration or earlier termination of this Lease, whether or not such Trade Fixtures may be regarded as property of Landlord by operation of law or otherwise. Landlord hereby waives any rights it may have arising under Subchapter B of Chapter 54 of the Texas Property Code with respect to the Trade Fixtures. Tenant shall promptly cause any damage to the Improvements caused by such removal to be repaired at no cost to Landlord, including performing any work that may be required to restore the Improvements to a complete architectural unit, such as, by way of example only, restoring an exterior wall section left open after removal of equipment that theretofore served to complete the wall section. Landlord further agrees that, upon expiration or earlier termination of this Lease, Tenant shall have the right to remove from the Premises and the Improvements all signs and other distinctive features of the business on the Premises and the Improvements. Tenant shall, at its expense, repair any damage caused by such removal. ARTICLE 18: LEASEHOLD MORTGAGE Tenant may encumber by an appropriate Security Instrument its leasehold interest in the Premises, together with all Improvements placed on the Premises by Tenant, as security for indebtedness of Tenant, provided that Tenant shall refrain from encumbering or purporting to encumber, by means of any such Security Instrument or otherwise, the Landlord's fee interest in the Land. Landlord shall cooperate with Tenant and Tenant's lender with respect to any reasonable request to perfect such lender's rights in Tenant's leasehold interest in the Premises. In addition, if Tenant notifies Landlord of the existence of any such Security Instrument, the terms and conditions set forth on Exhibit E attached hereto (the "Mortgagee Protection Provisions") shall be deemed to have been incorporated into this Lease and Landlord shall comply therewith and abide thereby. ARTICLE 19: HAZARDOUS SUBSTANCE OR WASTE 19.1. Definitions. a. "Environmental Laws" means (i) the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); the Emergency Planning and Community Right -to -Know Act; the Hazardous Materials Transportation Act; the Toxic Substances Control Act; the Occupational Safety and Health Act of 1970; the Federal Water Pollution control Act, the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Safe Drinking Water Act; the Resource Conservation and Recovery Act (including, without limitation, Subtitle I relating to underground storage tank systems); and the Federal Insecticide, Fungicide and Rodenticide Act, (ii) regulations promulgated under any of the above statutes; (iii) C:'.Users\BStatzer.PMGSUCCESSAppData'.Local\Microsoft Windows\INetCache\Content.Outlook\ZK45R2WHIO 9-09-16 City Clean.docx 20 any applicable federal, state or local statute, ordinance, rule or regulation, or any common law, that relates to environmental conditions, human health, industrial hygiene, Hazardous Substances or underground storage tank systems; in each case, as amended; and (iv) the applicable terms and conditions associated with any permit issued to and held by Landlord or Tenant pursuant to any of the foregoing. b. "Governmental Entity" means any federal, state or local governmental authority or regulatory agency, including, but not limited to, any Environmental Agency (defined below). c. "Hazardous Substances," for purposes of this Lease, shall be interpreted broadly to include, but not be limited to, any material or substance that is defined or classified under federal, state or local laws as: (i) a "hazardous substance" pursuant to Section 101 of CERCLA or Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as now or hereafter amended; (ii) a "hazardous waste" pursuant to Section 1004 or Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6903, 42 U.S.C. § 6921, as now or hereafter amended; (iii) a toxic pollutant under Section 307(1)(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(1)(a); (iv) a "hazardous air pollutant" under Section 112 of the Clean Air Act, 42 U.S.C. § 7412, as now or hereafter amended; (v) a "hazardous material" under the Hazardous Material Transportation Act, 49 U.S.C. § 1802(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated now or hereafter under the aforementioned laws; or (vii) presenting a risk to human health or the environment under other applicable federal, state or local laws, ordinances, or regulations, as now or as may be passed or promulgated in the future. "Hazardous Substances" shall also mean any substance that, after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. "Hazardous Substances" specifically includes, but is no limited to, asbestos, polychlorinated byphenyls (PCBs), petroleum and petroleum-based derivatives, and urea formaldehyde. d. "Release" means any presence, release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. 19.2. Landlord's Representation and Warranty. Landlord has no actual knowledge of the presence or disposal on the Premises, of any Hazardous Substance. To the best of available records Landlord has no actual knowledge, without inquiry, of any contamination of the Premises from any Hazardous Substance as may have been disposed of or stored on neighboring tracts. 19.3. Tenant Indemnification. Tenant for its part, agrees to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and its managers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, liabilities, losses and costs and expenses which arise during or after the Tenn from or in connection with the presence of Hazardous Substances introduced by Tenant during the Tenn and those Hazardous Substances introduced during the Term by any of Tenant's shareholders, directors, officers, partners, C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCache Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 21 members, managers, employees, or agents in, on, under or over the Premises, including the soil, groundwater or soil vapor on or under the Premises, unless the Hazardous Substances are present solely as a result of the negligence or willful misconduct of Landlord, managers, employees, agents, independent contractors, guests or invitees. Without limiting the foregoing, but in addition thereto, Tenant shall be solely responsible for the cleanup of such Hazardous Substances and such remediation of the Premises as may be required under or by virtue of any Environmental Law, and to the extent the cleanup of such Hazardous Substances and remediation of the Premises is required by Environmental Law. Tenant shall undertake and complete such cleanup and remediation in a prompt and diligent manner in accordance with Environmental Law and other applicable Requirements of Law. 19.4. Survivability. Without limiting the generality of the provisions of Section 19.2, Section 19.3, and Section 19.4, each of the representations and warranties, and indemnifications provided herein shall survive the expiration, termination or cancellation of this Lease and shall specifically cover costs and expenses incurred in connection with any investigation of site conditions, and any clean-up, remedial, removal and restoration work required by Environmental Law because of the presence or suspected presence of toxic or hazardous substances, including, without limitation, oil, gas and petroleum products, in, on, under or over the Premises, including the soil, groundwater or soil vapor on or under the Premises. ARTICLE 20: REAL ESTATE COMMISSIONS The Parties represent and warrant to each other that they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction. The representations and covenants contained in this Article 20 shall survive the expiration of the Term (or any extension(s) thereof) or earlier termination of this Lease. ARTICLE 21: NOTICES AND DEMANDS All notices and demands of any kind which either Party may be required or may desire to serve upon the other Party in connection with this Agreement shall be in writing, signed by the Party or its counsel identified below, and shall be served (as an alternative to personal service) by certified mail, overnight courier service or confirmed facsimile transmission during normal business hours (followed promptly by personal service or mailing of a hard copy), at the addresses set forth below: To Landlord: To Tenant: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Facsimile No.: (361) 826-3839 Telephone No.: (361) 826-3220 SQH Sports & Entertainment Attn.: Derrick Hegmon 16035 University Oak San Antonio, TX 78249 C:IUsers\B Statzer.PMGSUCCESS\AppData\Local\Microsoft\Windows\INetCachelContent.Outlook\ZK45 R2 WI -110 9-09-16 City Clean.docx 22 With copy to: Facsimile No.: (210) ',V/ — c5553 Telephone No.: (210) 341-8877 Porter, Rogers, Dahlman & Gordon, P.C. Attn.: R. Bryan Stone 800 N. Shoreline, Suite 800S Corpus Christi, TX 78401 Facsimile No.: (361)880-5844 Telephone No.: (361)880-5830 Any such notice or demand so served shall constitute proper notice hereunder upon delivery, if personally served, three (3) business days following deposit with the United States Postal Service if mailed, or one (1) business day following deposit with an overnight courier if couriered, or by confirmation of receipt of the facsimile if faxed. If the time period by which any notices, acts or payments required hereunder must be delivered, performed or paid expires on a Saturday, Sunday or legal holiday, then such time period shall be automatically extended to the close of business on the next business day. Telephone numbers have been included in this Article 22 as a matter of convenience and imply no obligation or right to give or receive notice other than in writing as required by this Lease. ARTICLE 22: GENERAL PROVISIONS 22.1. Binding on Successors. All of the covenants, agreements, provisions and conditions of this Lease shall inure to the benefit of and be binding upon the Parties hereto, their successors, legal representatives and assigns. 22.2. Severability. If any term or provision of this Lease or the application thereof to any person or circumstance shall be invalid or unenforceable, to any extent, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the maximum extent permitted by law. 22.3. Entire Agreement. This Lease and the exhibits attached hereto contain the entire agreement between the Parties concerning the subject matter hereof, and shall not be modified in any manner except by a document executed by the Parties hereto or their respective successors in interest. 22.4. Captions. The captions used in this Lease are inserted as a matter of convenience only, and in no way define, limit or describe the scope of this Lease or the intentions of the Parties hereto, and shall not in any way affect the interpretation or construction of this Lease. 22.5. No Waiver. A waiver by Landlord or Tenant of any breach of any provision of this Lease shall not be deemed a waiver of any breach of any other provision hereof or of any subsequent breach by Tenant or Landlord of the same or any other provision. 22.6. Holdover. If Tenant holds over after the Term with the express consent of Landlord, such holding over shall be construed to be a tenancy from month-to-month only. The C:1UserslBStatzer.PMGSUCCESS\AppDatalLocallMicrosoft\WindowslINetCachelContent.Outlook1ZK45R2 W1-110 9-09-16 City Clean.docx 23 foregoing provision shall not affect Landlord's right of reentry or any rights of Landlord hereunder or as otherwise provided by law. 22.7. Time of Essence. Except as specifically provided to the contrary herein, time is of the essence with regard to every provision of this Lease and the exhibits attached hereto. 22.8. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Texas. 22.9. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. 22.10. No Third Party Rights. The terms and provisions of this Lease shall not be deemed to confer any rights upon, nor obligate any Party hereto to, any person or entity other than the Parties hereto. 22.11. Interpretation. Each Party has had the opportunity to participate in the negotiation and drafting of this Lease and has had the opportunity to have the Lease reviewed by its own legal counsel. The rule of interpretation requiring that any ambiguities be interpreted against the drafting party shall not apply to this Lease. 22.12. Short Form Lease. The Parties shall execute and record within five (5) business days following the Effective Date a short form of this Lease, substantially in the form attached hereto as Exhibit D (the "Memorandum"). In no event shall this Lease be recorded in its entirety. In the event this Lease should terminate as a result of a failure of any contingency or as a result of Tenant's election not to give the Notice of Election, Tenant agrees to promptly deliver to Landlord a termination of the Memorandum as necessary to provide record notice that this Lease has terminated. If necessary to conform the legal description of the Land or as otherwise required by the Title Company, the Parties shall duly execute and deliver at Closing an amendment to the Memorandum correcting any errors in the legal description. 22.13. Estoppel Certificates. Landlord and Tenant agree that, within fifteen (15) business days after receipt of a written request from either to the other, the Party receiving the request will execute and deliver to the other a certificate in form and substance mutually acceptable to the Parties certifying: (i) that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of the modifications and that, as so modified, this Lease is in full force and effect; (ii) the date to which the Rent and other charges hereunder are paid in advance, if any; (iii) the then -scheduled expiration date of the Term and the duration of any unexercised, unexpired Option Term; (iv) that, to the certifying Party's knowledge, as of the date of the certificate, there are no uncured defaults hereunder on the part of the requesting Party or specifying such defaults as are claimed by the certifying Party; and (v) as to such other matter as may be reasonably requested by the requesting Party. 22.14. Due Authorization. Each person executing this Lease on behalf of Landlord and Tenant, respectively, warrants and represents that the Party for whom he or she is acting has been duly formed, is in good standing, and has duly authorized the transactions contemplated herein C:\Users\BStatzer.PMGSUCCESS\AppData Local\Microsoft\Windows\INetCache\Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 24 and the execution of this Lease by him or her and that, when so executed, this Lease shall constitute a valid and binding obligation of the Party on whose behalf it is so executed. 22.15. Relationship of Parties. Nothing contained in this Lease shall be deemed to create a partnership or joint venture between Landlord and Tenant, and Landlord and Tenant's relationship in this Lease shall be deemed to be one of landlord and tenant only. 22.16. Authorization. a. Tenant hereby acknowledges, confirms and agrees that it is a duly incorporated corporation in accordance with the laws of the State of Texas and that it is in good standing under the laws of its state of incorporation. Tenant further acknowledges, confirms and agrees that it has been authorized by all necessary corporate action to enter into this Lease, that the entry into this Lease by Tenant and performance of all obligations to be performed by Tenant hereunder will not violate the terms of any governing documents of the Tenant, or any other agreements or arrangements to which the Tenant may be a party, and that the individual executing this Lease on behalf of the Tenant is duly authorized to do so. b. Landlord hereby acknowledges, confirms and agrees that it is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Lease. 22.17. Incorporation of Exhibits. All exhibits attached to this Lease are hereby incorporated herein as though set forth in full in this Lease itself. 22.18. Anti -Terrorism Warranties. Landlord represents and warrants that Landlord is not, and shall not become, a person or entity with whom Tenant is restricted from doing business with under regulations of the Office of Foreign Asset Control ("OFAC') of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. Tenant represents and warrants that Tenant is not, and shall not become, a person or entity with whom Landlord is restricted from doing business with under regulations of OFAC of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. 22.19. Right of First Refusal regarding Lease for Optional Land. Prior to Landlord's execution of a lease agreement regarding the Optional Land, and subject to Tenant's successful completion of all performance milestones, and Tenant's successful construction and operation of a Regional Youth Sports Complex with Improvements as described herein and shown on the Site C:\Users\BStatzer.PMGSUCCESSWppData\LocallMicrosoft\Windows\INetCachelContent.Outlook\ZK45R2WH\O 9-09-16 City Clean.docx 25 Plan in Exhibit A, Landlord shall provide Tenant with written notice as provided in this section. If Landlord shall receive a bona fide offer for the lease for any portion of the Optional Land during the term of this lease agreement and the offer shall be acceptable to Landlord, Landlord shall give Tenant the right to lease the Optional Land for the intended purpose of Tenant's expansion of the Regional Youth Sports Complex or for use as an irrigation pond, at the price and on the terms of the offer so made, subject to final approval of the City Council and compliance with applicable provisions of the City Charter. This right shall be extended by Landlord giving written notice of the offer by registered mail to Tenant, requiring Tenant to sign a lease agreement within thirty days after the mailing of the notice, such final lease approval to be subject to final approval by City Council. This right of first refusal is contingent upon Tenant's successful completion of performance as listed in Article 8 above. 22.20 Publication. Tenant shall pay costs to publish this Lease Agreement as required by the City Charter. [SIGNATURE PAGE FOLLOWS] C:1Users\BStatzer.PMGSUCCESS\AppData\LocallMicrosoft\Windows\INetCache\Content.0utlook\ZK45R2 WH10 9-09-16 City Clean.docx 26 IN WITNESS WHEREOF, the Parties have executed this Lease Agreement to be effective as of the Effective Date defined above. LANDLORD: CITY OF CORPUS CHRISTI, a home -rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager Date: TENANT: SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation By: Name: ('_ - ii,M129 6N r Title: deo cge. V/ / 7Jr Date: / 3 S&, ,.61&, C:1UserslBStatzer.PMGSUCCESS\AppData\LocallMicrosoft\Windows\INetCache\Content.Outlook1ZK45R2 W11..0 9-09-16 City Clean.docx 27 EXIIIBIT A SITE PLAN A - 1 EXHIBIT B LEGAL DESCRIPTION [to be inserted] B-1 EXHIBIT C NOTICE OF ELECTION /3 , 2016 City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Ground Lease dated /5 CP , 2016 ("Lease") by and between City of Corpus Christi ("Landlord") and SQH Sports & Entertainment, Inc. ("Tenant") Gentlemen: The undersigned is the Tenant under the Lease, and we are providing this notice to you that we have satisfied or waived all the contingencies set forth in Article 6 of the Lease to be satisfied before the expiration of the Inspection Period; provided, however, and notwithstanding the foregoing, the Tenant does not waive its right to terminate the Lease under Section 6.5 of the Lease. Capitalized terms not defined in this notice have the same meanings given to them in the Lease. By: Name: -��/new Title: gee ecg. Very truly yours, SQH SPORTS & ENTERTAINMENT, INC. C-1 EXHIBIT D MEMORANDUM OF LEASE Prepared By/Return To: R. Bryan Stone Porter Rogers Dahlman & Gordon, P.C. 800 N. Shoreline, Suite 800S Corpus Christi, TX 78401 MEMORANDUM OF LEASE STATE OF TEXAS )SS: COUNTY OF NUECES This Memorandum of Lease is made the day of , 2015, by and between CITY OF CORPUS CHRISTI, a home rule city, ("Landlord"), and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation, ("Tenant"). RECITALS: For good and valuable consideration, Landlord has leased to Tenant and Tenant has leased from Landlord certain real property situated in Corpus Christi, Nueces County, Texas, and certain rights appurtenant thereto, more particularly described on attached Exhibit A ("Premises") pursuant to that certain Lease Agreement dated effective , 2016 (the "Effective Date"). The Lease provides for the following: 1. The Term of the Lease commenced on the Effective Date and will expire at midnight on the fortieth (40th) anniversary of the Effective Date as defined in the Lease. 2. Landlord and Tenant may mutually agree to extend the term for one (1) additional period of twenty (20) years. 3. Landlord agrees that from and after the Effective Date, Tenant may use the Land for the construction and operation of a Regional Youth Sports Complex and any and all purposes related thereto. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used to interpret the provisions of the Lease, and, in the event of conflict between this Memorandum and the Lease, the Lease shall control. D-1 1N WITNESS WHEREOF, the Landlord has executed and delivered this Memorandum of Lease as of the date stated above. THE STATE OF TEXAS COUNTY OF LANDLORD: CITY OF CORPUS CHRISTI, a home -rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager § § § This instrument was acknowledged before me this day of , 2016, by , of City of Corpus Christi, a home -rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: D-2 IN WITNESS WHEREOF, the Tenant has executed and delivered this Memorandum of Lease as of the date stated above. THE STATE OF TEXAS COUNTY OF TENANT: SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation By: Narne: Title: deof jo Vl661/ This instrument was acknowledged before me this day of , 2016, by of SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation, on behalf of said corporation. NOTARY PUBLIC My Commission Expires: D-3 EXHIBIT E MORTGAGEE PROTECTION PROVISIONS "Collateral" shall mean: (i) the Lease; (ii) all or any part of Leasehold Interest, the Improvements; and/or (iii) fixtures or other items of personal property on the Premises; that are subject to a Mortgage. "Improvements" shall mean the Improvements, as such term is defined in the Lease. "Incurable Defaults" shall mean Events of Default that cannot be cured by the payment of money or through the exercise of reasonable diligence. "Lease" shall mean the Lease to which this Exhibit is attached. "Leasehold Interest" shall mean the rights, title, estate, and interests of Tenant: (i) under the Lease; and (ii) in and to the Premises. "Mortgage" shall mean: (i) a mortgage, pledge, or grant of security interest granted by Tenant in all or any part of: (A) the Lease; (B) all or any part of the Leasehold Interest, the improvements; and/or (C) fixtures or other items of personal property on the Premises; and/or (ii) a collateral assignment of the Lease and/or the Leasehold Interest. "Mortgagee" shall mean a holder of a Mortgage, and all successors and assigns of such holder. "Mortgagee Cure Period" shall mean the period that commences upon the Event of Default and expires on the date that is ninety (90) days after the later of: (i) the expiration of the applicable notice and/or cure period under the Lease or this Exhibit; or (ii) receipt of the Mortgagee Notice. "Mortgagee Notice" shall mean a copy of any notice or demand required or permitted to be made or delivered by Landlord to Tenant. "Mortgagee Remedies" shall mean: (i) obtaining possession of all or any part of the Collateral; (ii) obtaining a receiver for all or any part of the Collateral; (iii) foreclosing a Mortgage and effecting a foreclosure sale of all or any part of the Collateral; (iv) enforcing a Mortgage and effecting: (A) an assignment of the Lease and/or the Leasehold Interest; and/or (B) a transfer of all or any part of the other Collateral; or (v) otherwise acquiring and transferring all or any part of the Collateral. "Permitted Termination" shall mean a termination of the Lease in accordance with the terms and conditions of this Exhibit, after the rights of all Mortgagees under Sections 1 and 2 of this Exhibit have expired. "Replacement Lease" shall mean a replacement of the Lease entered into by and between Landlord and the Replacement Tenant upon: (i) the purported termination of the Lease by Landlord; and (ii) a request by the Replacement Tenant in accordance with the terms and conditions of this Exhibit; which lease shall be: (i) effective as of the date of the purported termination; and (ii) upon the same terms and conditions in effect under the Lease on the date of the purported termination. "Replacement Tenant" shall mean a Mortgagee that requests the execution of a Replacement Lease in accordance with the terms and conditions of this Exhibit, its designee, or the purchaser of the Lease and/or the Leasehold Interest at a foreclosure sale. 1. Mortgagee Rights. During all such times as there is a Mortgage outstanding, and until Landlord has received written notices from each Mortgagee that its Mortgage has been satisfied or otherwise released, the following terms and conditions shall apply: (a) Tenant or each Mortgagee shall deliver written notice to Landlord when a Mortgage becomes effective, which notice shall: (i) identify the Mortgagee with respect to such Mortgage; and (ii) set forth the notice address for the Mortgagee with respect to such Mortgage. (b) Landlord shall deliver to each Mortgagee, at its notice address and in accordance with the terms and conditions of the Lease, a Mortgagee Notice. No notice or demand delivered by Landlord to Tenant shall be effective, unless and until a Mortgagee Notice is served upon all Mortgagees in accordance with the terms and conditions of this Section. (c) If there is an Event of Default with respect to the failure to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of Default or cause the Event of Default to be remedied, until the date that is forty-five (45) days after the latest of: (A) the expiration of the applicable notice and/or cure period under the Lease; or (B) receipt of the Mortgagee Notice; and (ii) Landlords acceptance of performance by any Mortgagee as performance by Tenant. (d) If there is an Event of Default with respect to any obligation other than the failure to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of Default or cause the Event of Default to be remedied until the expiration of the Mortgagee Cure Period; and (ii) Landlord shall accept performance by any Mortgagee as performance by Tenant. Notwithstanding any other term or condition of the Lease or this Exhibit, Landlord shall not exercise any of its rights and remedies under the Lease with respect to such Event of Default, if: (i) within the first sixty (60) days after receipt of the Mortgagee Notice, a Mortgagee notifies Landlord of its intention to cure the Event of Default; and (ii) within the first seventy-five (75) days after receipt of the Mortgagee Notice, the Mortgagee: (A) commences a cure of the Event of Default and diligently pursues such cure to completion; or (B) commences the exercise or pursuit of one or more of the Mortgagee Remedies, and: (1) after commencement of the exercise or pursuit of the selected Mortgagee Remedies, diligently exercises or pursues such Mortgagee Remedies; provided that, if the Mortgagee has commenced the exercise or pursuit of the selected Mortgagee Remedies within seventy-five (75) days after receipt of the Mortgagee Notice, and continues such exercise or pursuit, then, for a period of six (6) months after the date on which the Mortgagee commenced the exercise or pursuit of the selected Mortgagee Remedies, which period shall be extended as reasonably required by the Mortgage, such exercise or pursuit by the Mortgagee shall be deemed to be diligent; and (2) after obtaining or effecting the selected Mortgagee Remedies, commences a cure of the Event of Default and diligently pursues such cure to completion. The Mortgagee Cure Period shall be extended for the duration of any period when Landlord is prohibited under this Subsection from exercising its rights and remedies with respect to an Event of Default. 2. Replacement Lease. Notwithstanding anything to the contrary set forth in the Lease, if: (i) Landlord purports to terminate the Lease for any reason; and (ii) within ninety (90) days after the date of such purported termination, a Mortgagee requests that Landlord enter into a replacement lease with respect to the Premises, then Landlord shall enter into the Replacement Lease with the Replacement Tenant. Upon the execution of the Replacement Lease, the Replacement Tenant shall pay or cause to be paid to Landlord all amounts owing from Tenant to Landlord under the Lease, if any. Promptly after the execution of the Replacement Lease, the Replacement Tenant shall: (i) commence a cure of any other uncured Events of Default that can be cured: (A) by the payment of money; or (B) by the Replacement Tenant through the exercise of reasonable diligence; and (ii) diligently pursue such cure to completion; provided that the Replacement Tenant shall not be: (i) required to cure any Incurable Defaults; (ii) liable for or, with respect to, any Incurable Defaults; or (iii) liable for any damages, losses, or expenses (including, without limitation, attorneys' fees), incurred by Landlord in connection with any uncured Events of Default that existed before, or at the time of, the purported termination. If a Replacement Lease is executed, then, at the election of the Replacement Tenant: (i) the purported termination shall be deemed to be void and unenforceable, and shall have no force or effect as of the moment Landlord first acted to effect the purported termination; and (ii) the Replacement Lease shall be deemed to be a continuation and supplement of the Lease for all purposes. 3. Amendments. During all such times as there is a Mortgage outstanding, no amendment, modification, supplement, surrender, cancellation, or termination of the Lease shall be effective, unless all Mortgagees consent in writing to the amendment, modification, supplement, surrender, cancellation, or termination of the Lease; provided that a Permitted Termination shall be effective. Any attempted amendment, modification, supplement, surrender, cancellation, or termination of the Lease without the consent of all Mortgagees, other than a Permitted Termination, shall be void and unenforceable, and shall have no force or effect. If, in connection with any attempts by Tenant to obtain mortgage financing from a prospective mortgagee, such prospective mortgagee requires reasonable amendments, modifications, or supplements of or to the Lease as a condition to closing such financing, then Tenant and Landlord shall execute an lease amending, modifying, or supplementing the Lease as required by the mortgagee; provided that such amendments, modifications, or supplements shall not: (i) materially adversely affect Landlord, or the rights of Landlord under the Lease, in any material respect; or (ii) reduce any obligations of Tenant under the Lease in any material respect. 4. Default Cures. No term or condition of the Lease or this Exhibit shall be deemed to: (i) require any Mortgagee to satisfy any obligation of Tenant under the Lease, or cure any breach by Tenant of its obligations under the Lease; or (ii) otherwise make any Mortgagee liable for any such breach; except as expressly provided in Section 2 of this Exhibit after a Mortgagee becomes a. w C/3 0. 0 Copy Right. All rights reserved. SQH Sports & Entertainment, Inc. and PMG Retail & Entertainment, Inc 2016 Regional Youth Sports Complex Lease Area STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 67.69 Acres of land out of the North 100 Acres of the Bertha Morgan Homestead Tract, Fractional Section D, Lourdes Farm Tracts as Recorded in Volume 3, Page 15 of the Map Records of Nueces County, Texas. This 67.69 acre tract being more fully described by metes and bounds as follows: Beginning at a Found 1" Iron Pipe on the east boundary line of the F. V. Arnim 215.54 acre tract , said Section D, for the southwest corner of said north 100 acres of the Bertha Morgan Homestead Tract, being the southwest corner of this tract; Thence, North 18°04'02" East partially along the common boundary line of said F. V. Arnim Tract and the west boundary line of said Bertha Morgan Homestead Tract, at 1,574.61 feet pass a Found 3,4" Iron Pipe, in all a distance of 2,149.63 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap set for the northwest corner of this tract; Thence, North 89°46'30" East a distance of 216.16 feet to a Point on the edge of a brush line; Thence, generally along said brush line the following courses and distances: South 14°51'15" East a distance of 46.96 feet, South 38°26'06" East a distance of 168.96 feet, South 52°59'11" East a distance of 325.99 feet, South 00°50'01" East a distance of 161.95 feet, North 89°08'32" East a distance of 842.19 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the northeast corner of this tract; Thence, South 06°08'29" West along the westerly boundary line of land of David L. Galloway as recorded in Volume 2207, Page 982 of the Deed Records of Nueces County, Texas, a distance of 634.09 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap; Thence, South 04°02'31" East continuing along the westerly boundary line of land of said David L. Galloway a distance of 122.30 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap; Thence, North 85°52'29" East continuing along the southerly boundary line of land of said David L. Galloway a distance of 68.05 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap on the westerly right-of-way line of State Highway 286, a non -tangent curve concave to the southeast having a radius of 5,925.58 feet, a length of 77.76 feet, and a chord of South 18°16'00" West a distance of 77.76 feet; Thence, with said circular curve and said right-of-way an arc distance of 77.76 feet to a Point; Thence, South 17°53'29" West continuing along said right-of-way a distance of 709.98 feet to a Found 5/8 inch iron rod, being the southeast corner of this tract; Thence, South 89°15'39" West along the northerly boundary line of land of the Coastal Bend Community Foundation as recorded in Document Number 2012001980 of the Official Public Records of Nueces County, Texas, a distance of 1,870.98 feet to the Point of Beginning and containing 67.69 acres of land. C Users =sell() Documents parks ReBmmLSponsCompleARagional5portswComplex.doox Page I cl2 Bearings based on the Texas State Plane Coordinate System, South Zone, NAD 83 as per shoreline survey of a 308.99 Acre Tract by Davis Pyle RPLS 4700 dated 05/26/1993. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me frons a land survey made on the ground under my supervision. This the 191'' day of July, 2016 ,D oct Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 C .Uscrsncvdlo,Documcros pules'RcgiooalsponsComptcx1Re91onal5pOrt6weOnlpleK.doCx Pxpc2of: CITY OF CORPUS CHRISTI, TX DOC. #941343 D.P,R,N,C,T, 0 occo 89'46'30"E 216.16'5, FOUND 3/4" IRON PIPE POINT OF BEGINNING FOUND 1" IRON PIPE. COASTAL 514e51'15"F� 46.96 LEASE AREA 67,69 ACRES S89°151391W PL 1870.98' BEND COMMUNITY FOUNDATION DOC. #2012001980 ❑.P,R,N,C.T. MAP TO ACCOMPANY FIELD NOTES. 300 0 ■ ■ a s ■ ■ ■ ■ ■ ■ Scale In Feet BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM, SOUTH ZONE, NAD 53 AS PER SHORELINE SURVEY OF A 308.99 ACRE TRACT BY DAVID PYLE RPLS 4700 DATED 05/26/1993. Z DSO CREEK DAVID L. GALLOWAY VOL. 2207, PG. 982 D.RRN,C.T, N89138'32"E 842.19' SET 5/8' IRON ROD SO4.02'31'E 122.30' tel N85°52'29°E 68.05' CHORD = S18°16'00'W 77.76' R = 5,92558' L = 77.7W neo � L3 FOUND 5/8' IR❑N RDD, -----.\\1/4, EM/ TE1�F01 300 600 0 — SET 5/8" IRON ROD. ■ M.R.N.C.T. — MAP RECORDS OF NUECES COUNTY, TEXAS. LEASE AREA FOR REGIONAL YOUTH SPORTS COMPLEX OWNER: CITY OF CORPUS DOC. #941343 O.P.R.N.C.T. BEING A TRACT OF LAND CONTAINING 67.69 ACRES OUT OF THE NORTH 00 ACRES OF THE BERTHA MORGAN HOMESTEAD TRACT. FRACTIONAL SECTION O. LAURELES FARM TRANS AS RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS OF NUECES COUNTY, 'TEXAS. CITY of CORPUS CHRISTI, TEXAS PUBLIC WORKS — ENGINEERING SURVEY ACTIVITY - 351-826-3500 Oat: O8/22/t6 Drown 9r: R OC75 a..rc►.d Ay a tESsi►nt Project: R.£C01411_ YOUTH SPOF S COUPLE( rk tRafrrS\JN-rOtmi SPORTS St -CET t OF 1 the Replacement Tenant; provided that, if there are multiple Mortgages outstanding, then only the Mortgagee that becomes the Replacement Tenant may be: (i) required to satisfy any obligation of Tenant under the Lease, or cure any breach by Tenant of its obligations under the Lease; or (ii) otherwise liable for any such breach; and then only to the extent of the express provisions set forth in Section 2 of this Exhibit. EXHIBIT F LEGAL DESCRIPTION OF OPTIONAL TRACT (To be provided by City) EXHIBIT G TENANT'S INSURANCE REQUIREMENTS (To be provided by City) I 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: 2016-115014 Date Filed: 09/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SQH Sports & Entertainment 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 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. 111 Ground Lease agreement between City of Corpus Christi and SQH Sports & Entertainment, Inc. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary SQH Sports & Entertainment Inc. San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. rP SUANYANG �1$ Notary Public, State of Texas © ^ My Commission expires �,�cf October 31, 2018 ID # 13001125,3 Signature of authori nt of contracting business entity � I A yV orf (ley� this the Z2-r161. of 1� , NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said De,rt'-k. [ , to certify which, witness my hand and seal of office. r 5(44 `-0,r- Sr, Pex6nv,t Bark( of officer administering oath a/I—all/ " 4 Signature of o cer admini ter ng oath Printed name of officer administering oath Title Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Sports Complex Area Map 67.69 ACRE TRACT (EXHIBIT A) POINT OF BEGINNING FOUND 5!8' IRON ROE. A. Original Lease F. Optional Land AGENDA MEMORANDUM Action Item for the City Council Meeting November 12, 2019 DATE: November 4, 2019 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Ordinance amending the FY2019-2020 Operating Budget by creating a provisional Fire Captain position within the Fire Department. CAPTION: Ordinance amending the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, to create a temporary provisional Fire Captain position within the Fire Department complement. SUMMARY: Recently, an arbitrator reinstated a Fire Captain back into his position which was vacated in January of 2018 after he was terminated. The vacancy created in January of 2018 has since been filled. As such, a provisional position is being requested for the most recently promoted Fire Captain, until such time that a new vacancy occurs or until the end of Fiscal Year 2019-2020. BACKGROUND AND FINDINGS: On October 19, 2019, an arbitrator issued an award letter reinstating a previously terminated Fire Captain. Pursuant to Article 24, Section 2(C)(2) of the Collective Bargaining Agreement between the City of Corpus Christi and the Corpus Christi Professional Firefighters' Association: If an indefinitely suspended Fire Fighter's appeal is sustained and the Fire Fighter is then reinstated but the position has been filled, the Fire Chief shall request that a provisional position be temporarily added in that rank for the remainder of the fiscal year in which this occurs. That request may be granted, denied or modified based on the needs and budgetary constraints of the Fire Department and the City. Because the vacancy created in January of 2018 has since been filled, the department is requesting a temporary provisional Fire Captain position be added to the number of positions authorized for classification of Fire Captain from 79 to 80. ALTERNATIVES: The alternative would be to deny the provisional position and demote the most recently promoted Fire Captain to previously held rank. The reinstated Fire Captain would then fill this position. The demoted Fire Captain would be placed on a reinstatement list and promoted back to the rank of Fire Captain upon the creation of a vacancy. FINANCIAL IMPACT: The cost of adding the provisional Fire Captain position would be a total of $87,878.00 inclusive of retirement and benefits. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Mission Element: 093 Project # (CIP Only): N/A Account: 510100 Salary and Wages RECOMMENDATION: Staff recommends approval of this ordinance adding a temporary provisional position. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, to create a temporary provisional Fire Captain position within the Fire Department complement. WHEREAS, the Fire Department is seeking to add a temporary provisional** Fire Captain position; and WHEREAS, pursuant to §143.021 Texas Local Government Code, the Corpus Christi City Council shall prescribe the number of positions in each classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 031870, SECTION 4. Firefighter Positions is amended by increasing the number of positions authorized for classification of Fire Captains from seventy-nine (79) to eighty (80). Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I — 110* Firefighter II -EMS — 133 Firefighter II -Engineer — 73 Fire Captain — 79 80** Battalion Chief — 13 Assistant Fire Chief — 4 Deputy Fire Chief — 1 Fire Chief — 1 FY 19-20 TOTAL /11/1 415** ** This temporary provisional position will remain in place until either a vacancy occurs in a Fire Captain position or until the end of Fiscal Year 2019-2020, after such time the number of authorized Fire Captain positions will drop back down to 79 and the total complement will reduce back down to 414. * This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Roland Barrera Michael Hunter Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Roland Barrera Michael Hunter Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: City of Corpus Christi: Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting November 12, 2019 Second Reading for the City Council Meeting November 19, 2019 DATE: October 11, 2019 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 Disannexation of 540.79 Acres in the La Quinta Corridor for Voestalpine Texas, LLC CAPTION: Ordinance disannexing approximately 540.79 acres of land located in the La Quinta corridor from the City of Corpus Christi, Texas pursuant to an amendment to a Chapter 380 economic development incentive agreement with the Port of Corpus Christi Authority and Voestalpine Texas, LLC; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. SUMMARY: The City recently annexed property in San Patricio County, including Port of Corpus Christi Authority property leased and developed by Voestalpine Texas, who has a Chapter 380 economic development incentive agreement with the City. The annexation affected the anticipated taxes Voestalpine would have to pay. The proposed disannexation, in conjunction with an amendment to the Chapter 380 agreement, will resolve Voestalpine's taxation issue while protecting the City's interest. Staff recommends approval of the disannextion to continue to support regional economic development and Voestalpine's presence in the Coastal Bend. BACKGROUND AND FINDINGS: In 2013, the City entered into a Chapter 380 economic development incentive agreement with the Port of Corpus Christi and its tenant Voestalpine Texas, LLC, an Austrian steel manufacturing company, to rebate ad valorem taxes and the 1% sales tax that goes to the City's General Fund in consideration of Voestalpine's positive economic benefits through capital investments and job creation. The property is in the La Quinta Corridor and Voestalpine opened their plant on this site in 2017. On May 21, 2019, the City annexed approximately 3,451.31 acres of land (or 5.40 square miles) land in San Patricio County, including property owned by the Port and leased/developed by Voestalpine. Annexation of the property resulted in changes to Voestalpine's tax liabilities. Specifically, Voestalpine would now have to pay sales tax owed to the City. The 2013 Chapter 380 agreement already provided an agreed upon rebate of taxes. The City, Voestalpine, and the Port have been negotiating terms of an amendment to the Chapter 380 agreement to allow the disannexation. The amendment to the agreement guarantees that the City will disannex the property by the end of 2019. Voestalpine and the Port also agree that they will enter into an Industrial District Agreement with the City, which is another type of economic development incentive, before the Chapter 380 agreement expires on December 31, 2033. Failure to enter into an Industrial District Agreement will require Voestalpine to pay back taxes the City rebated. Staff recommends disannexation of the 540.79 acres that includes the Port/Voestalpine property in conjunction with an amendment to the Chapter 380 agreement described above. The proposed disannexation is a means by which the City can continue to support regional economic development and Voestalpine's presence in the Coastal Bend. Upon disannexation, the remaining annexed territory in San Patricio County will be 2,910.52 acres or 4.55 square miles. Analysis of the Request: The proposed disannexation is consistent with City policy and the Comprehensive Plan as follows: • Plan CC's Vision Statements identifies that "Our broadly diversified economy provides opportunity for all." • Plan CC's Future Land Use Plan indicates this area for industrial development. • Plan CC Element 7, Goal 6 states "Annexation plans provide for orderly growth and industrial agreements in the ETJ." • Plan CC Element 7, Goal 6, Strategy 6 states, "Support the evaluation of the use of industrial district agreements in lieu of annexation for industrial area of the city and ETJ." ALTERNATIVES: In lieu of the proposed disannexation, staff considered further negotiating the economic development incentives contained within Voestalpine's Chapter 380 agreement. Staff did not pursue this alternative because it would require additional time, which could lead to additional tax liability for Voestalpine. Collection of taxes would be inefficient for the City because the majority of any taxes paid would ultimately have to be refunded under the terms of the current Chapter 380 agreement. FISCAL IMPACT: Of the 1.5% of sales tax revenues the City receives from the State, 1°/0 goes to the General Fund, %% goes to Type A, 1/8% goes to Type B, and 1/8% goes to Crime Control. The financial impact of disannexing this property is the loss of the potential %% of the sales tax revenue that goes to Type A, Type B, and Crime Control. Under Voestalpine's current Chapter 380 economic development incentive agreement, ad valorem tax and the 1% of sales tax revenue that goes to the General Fund must be reimbursed even if the property remained within the City Limits. RECOMMENDATION: Staff recommends approval of the proposed disannexation. The proposed disannexation is a means by which the City can continue to support regional economic development and Voestalpine's presence in the Coastal Bend. LIST OF SUPPORTING DOCUMENTS: Ordinance with Map Exhibit Presentation Ordinance disannexing approximately 540.79 acres of land located in the La Quinta corridor from the City of Corpus Christi, Texas pursuant to an amendment to a Chapter 380 economic development incentive agreement with the Port of Corpus Christi Authority and Voestalpine Texas, LLC; adjusting the City boundaries accordingly; providing for severance, publication, and an effective date. WHEREAS, the City Council finds the areas described in Exhibits A & B are not necessary or suitable for city purposes and that the best interest of the general public of the City of Corpus Christi to disannex the areas described in Exhibits A & B; WHEREAS, the City of Corpus Christi has a pending amendment to the Chapter 380 Economic Development Incentive Agreement with Voestalpine Texas, LLC; WHEREAS, this disannexation is pursuant to Texas Local Government Code §43.142 and the City Charter of the City of Corpus Christi, Texas; and WHEREAS, disannexation of the area described in Exhibits A & B, amendment to previous annexation ordinances, and amendment and adoption of the official map and boundaries of the City and its extraterritorial jurisdiction are consistent with the procedural rules prescribed by Texas Local Government Code Chapter 43. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. The following described tracts of land being approximately 540.79 acres are hereby disannexed and discontinued as a part of the City of Corpus Christi so that the same will no longer be a part of the City of Corpus Christi for any purpose whatsoever, said tracts of land being more particularly described by metes and bounds and maps in Exhibits A & B attached to and incorporated as part of this ordinance. SECTION 3. The boundaries of the City of Corpus Christi, Texas are amended to exclude only that property comprising an approximately 540.79 acres described in Exhibits A & B. SECTION 4. The official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended as described in this ordinance. SECTION 5. The City Manager or designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extraterritorial jurisdiction. SECTION 6. The City of Corpus Christi, Texas, hereby relinquishes any and all right, jurisdiction or control over the above described disannexed area but retains its extraterritorial jurisdiction. SECTION 7. The above described territory hereby disannexed shall no longer be part of the City of Corpus Christi, Texas, and the property so removed hereby shall no longer bear its pro rata part of the taxes levied by the City of Corpus Christi, Texas. 1 SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 9. The City Secretary is hereby directed to file with the County Clerk of San Patricio, Texas, a certified copy of this ordinance. SECTION 10. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 11. This ordinance shall be effective immediately upon passage. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 Exhibit A METES AND BOUNDS DESCRIPTION OF A 540.79 -ACRE TRACT 540.79 acres of land out of a called 930.28 -acre tract known as Tract II, said 930.28 -acre tract being a portion of a called 1,089.34 -acre tract described in a deed to the Port of Corpus Christi Authority (P.O.C.C.A.) of Nueces County, Texas as recorded in Document No. 1998005467, Official Records, Nueces County, Texas and being out of a called 2,496.66 -acre tract as recorded in Volume 458, Page 469, Deed Records, San Patricio County, Texas also being out of portions of the T.T. Williamson Survey, Abstract 286, Abstract 287, Abstract 288, and Abstract 289, and the J. Gerraghty Survey, Abstract 139, all being in San Patricio County, Texas said 540.79 -acre tract being more particularly described by metes and bounds as follows; BEGINNING at a found 1" iron pipe for a corner of the northern boundary of the 540.79 -acre tract and the southwest corner of a 80.951 -acre tract known as Tract V out of Geronimo Valdez Survey, recorded in Clerk File No. 640158, said corner having a State Plane Coordinate of N 17,220,150.60', E 1,377,726.65', NAD'83, Texas South Zone in U.S. Feet and also being the southwest corner of a P.O.C.C.A 7.79 -acre tract known as Tract III and said corner lying on the north boundary of the said 930.28 -acre tract (Tract II); THENCE South 70-28-50 East with the south boundary of the said 7.79 -acre tract and the north boundary of the 930.28 -acre tract a distance of 127.283 feet to the southeast corner of the 7.79 -acre tract (Tract III) and the northeast corner of the 930.28 -acre tract (Tract II), for the northeast corner of this tract; THENCE South 17-44-35 East, with the common boundary of a 538.765 -acre tract recorded in Clerk's File No. 664353 a distance of 7,066.19 feet; THENCE South 03-35-29 West, a distance of 2,214.42 feet with the said common boundary line of the 538.765 -acre tract to a point on the common boundary line of Nueces County and San Patricio County, being the northeast corner of a 21.98 -acre tract as referenced as "Tract IV" recorded in Clerk's File Document Number 458816, for the southeast corner of this tract; THENCE South 79-56-31 West, with the common boundary line of the said Tract IV" and the common boundary line of Nueces County and San Patricio County and this tract, 288.067 feet; THENCE North 07-29-58 West, a distance of 111.196 feet to a 5/8" iron rod with red cap found for an exterior corner of this tract and an exterior corner of a 460.42 -acre tract of land out of the said 930.28 - acre tract. THENCE with said 460.42 -acre tract • North 07-29-58 West, a distance of 1,748.188 feet to a 5/8" iron rod with red cap found for an interior corner of this tract; • South 78-19-34 West, a distance of 2,391.35 feet to a 5/8" iron rod with red cap set for the P.C. of a circular curve to the right and the southwest corner of this tract; • Along a Tangent Curve in a Northwesterly direction, with the arc of said circular curve to the right, whose Central Angle is 86-48-50, whose Radius is 500.00 feet, whose Chord Direction is North 58-16-02 West, and Arc Distance of 757.59 feet to a 5/8" iron rod with red cap set for a corner, the P.T. of said curve, for an exterior corner of this tract; Page 1 of 2 • North 14-51-37 West, a distance of 463.41 feet to a 5/8" iron rod with red cap found for an interior corner of this tract; • North 01-15-07 West, being approximately 295 feet east and parallel to the east toe of levee recognized as D.M.P.A. No. 14, a distance of 3,882.65 feet to a 5/8" iron rod with red cap found for a corner, the P.C. of curve for an interior corner of this tract; • Along a Tangent Curve in a Northwesterly direction, with the arc of said circular curve to the left, whose Central Angle is 56-56-58, whose Radius is 1,626.99 feet, whose Chord Direction is North 29-43-36 West, and Arc Distance of 1,617.15 feet to a 5/8" iron rod with red cap set for a corner, the P.T. of said curve, for an exterior corner of this tract; • North 09-28-59 East, being 200 feet east and parallel to the west line of said 930.28 -tract, a distance of 1,142.436 feet for an interior corner of this tract; THENCE North 65-19-15 West, a distance of 205.878 feet to the northwest boundary line of the 930.28 - acre tract and an interior corner of this tract; THENCE North 09-28-28 East, with the said northwest boundary of the 930.28 -acre tract, 847.434 feet, to a point on the Extraterritorial Jurisdiction (ETJ) Line for the City of Gregory and a northwest corner of this tract; THENCE North 75-50-29 East, with the said ETJ line, 592.65 feet, to a point of the northeast boundary line of said 930.28 -acre tract, a point along the southern boundary of said 80.951 -acre (Tract V), and a corner along the northern boundary of this tract; THENCE South 70-28-53 East with the common boundary of said 80.951 -acre tract and the northern boundary of this tract, a distance of 1,671.79 feet to the POINT OF BEGINNING and containing 540.79 acres of land, more or less. Page 2 of 2 80.951 ACRE TRACT OWNER: CORPUS CHRISTI LIQUIFACTION, LLC DOC. NO. 640158 O.P.R.S.P.C.T. QRi%sTR�Ng0R qTF Mq FTR pOC /�ytrR/FTTgCl N S q OpRSpC�64N Sq NCA4S • L13 ' L14 /L12 L11 Exhibit B Sketch to Accompany Metes & Bounds Description of 540.79 -acre Tract General Notes: 1.) Grid Bearings and Distance shown hereon are referenced to the Texas Coordinante System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983. 2.) South features shown on this Survey may be out of scale for clarity 3.) City Limits shown on Exhibit recieved from the City of Corpus Christi 4.) ETJ shown on Exhibit recieved from the City of Corpus Christi LINE BEARING DISTANCE L1 5 70-28-50 E 127.283' L2 S 17-44-35 E 7,066.19' L3 5 03-35-29 W 2214.42' L4 S 79-56-31 W 288.067' L5 N 07-29-58 W 111.196' L6 N 07-29-58 W 1748.188' L7 S 78-19-34 W 2,391.35' L8 N 14-51-37 W 463.41' L9 N 01-15-07 W 3,882.65' L10 N 09-28-59 E 1,142.436' L11 N 65-19-15 W 205.878' L12 N 09-28-28 E 847.434' L13 N 75-50-29 E 592.659' L14 5 70-28-53 E 1,671.791' • L10 C2 L9 70.00 ACRE TRACT OWNER: BERRYMAN PROPERTIES, LTD DOC. NO. 391196 R.P.R.S.P.C.T. 1_8 C1 POINT OF BEGINNING 540.79 ACRE DISANNEXATION TRACT L7 930.28 ACRE TRACT (TRACT II) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R. P. R.S. P.C.T. 7.79 ACRE TRACT (TRACT III) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R. P. R.S. P.C.T. 538.765 ACRE TRACT OWNER: CORPUS CHRISTI ALUMINA, LLC DOC. NO. 664353 O.P.R.S.P.C.T. N A 1,000 2,000 Feet 1 inch = 1,250 feet L6 L5 L4 L3' CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGH C1 86-48-50 500.00' 757.594' N 58-16-02 W 687.176' C2 56-56-58 1,626.99' 1,617.155' N 29-43-36 W 1,551.403' • CITY LIMITS. 21.98 ACRE TRACT (TRACT IV) OWNER: PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS DOC. NO. 458816 R. P. R.S. P.C.T. Disannexation of 540.79 Acres For Voestalpine Texas, LLC Council Presentation November 12, 2019 Current City Limits Approximately 3,451.31 Acres (5.40 sq. mi.) ATX35u,� f' t • • Voestalpine Texas Site 1 1(460 acres) r •• • r , Corpus Christi Christi Bay Disannexation Area Approximately 540.79 Acres (0.85 sq. mi.) Corpus Christi Bay New City Limits After Disannexation Approximately 2,910.52 Acres (4.55 sq. mi) —-— TX 35,1 -1 1 L♦ I — PORTLAND 1 ! •-• r { 1 ! 4 y! r 1 �e— r a --1 — ` 1 Corpus Christi Bay AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 12, 2019 Second Reading Ordinance for the City Council Meeting of November 19, 2019 DATE: September 25, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services AlRaymond@cctexas.com (361) 826-3575 Easement closure for property located at 15045 & 15041 Aruba Drive CAPTION: Ordinance abandoning and vacating a 10 -foot wide by approximately 180 -feet in length (1,800 sq. ft.) portion of an existing drainage easement out of Lots 3 & 4, Block 1, Padre Island - Corpus Christi Section E located at 15045 & 15041 Aruba Drive. (District 4) SUMMARY: MMIP, LLC is requesting the abandonment of an existing drainage easement. The drainage easement is located between two lots that are going to be combined into a single building lot through a re -platting of the property. The drainage easement will need to be closed to allow for the construction of new town homes or condominiums on the property. BACKGROUND AND FINDINGS: Mustang Engineering and Surveying on behalf of MMIP, LLC (owner) is requesting the city abandon and vacate a 10 -foot -wide by approximately 180 -feet in length drainage easement located at 15045 and 15041 Aruba Drive. The applicant is requesting the city close the drainage easement so they can build new town homes or condominiums on the property. Currently, the drainage easement runs between the two lots. A new plat combining the lots into a single building lot was taken to planning commission on October 2, 2019. The easement runs through the center of the re -platted property and will prevent the construction of the planned residential buildings unless it is closed. The property is zoned CR -1 and this zoning district allows for the construction of either town homes or condominium homes. The project engineer completed an elevation survey of the gutter line in the street and the survey showed that the elevation of the drainage easement is higher than the street gutter line. Any storm water runoff will not use the easement but will utilize the natural contour of the gutter system in place and will drain towards the catch basin further down the street. A utilities department engineer has reviewed the survey and agrees that the drainage easement is not required for storm water drainage along Aruba Drive. ALTERNATIVES: The combining of the two lots into a single building lot will allow the owner to develop the property in a manner that best suits them. If the closure of the drainage easement is denied, the property owner may choose not to develop the property, leaving the land vacant until such time that they are able to develop the property in such a way that the easement is not affected. FISCAL IMPACT: The City Code of Ordinances only requires an application fee to be paid in order to process an easement closure. There are no other land value fees associated with the closure of an easement. The applicant requesting the drainage easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-12 of the City Code of Ordinances. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 4670 Development Services 11200 Special Services 888 Revenue N/A 302112 Easement Closure The closure of the drainage easement will allow for the construction of town homes or condominium homes the applicant is seeking to build. The closure of the drainage easement will have no adverse effects on the surrounding lots and the elevation survey supplied by the applicant confirms storm water will flow downstream away from the properties in the vicinity of the closed drainage. The runoff will utilize the natural contour of the gutter system in place and will drain towards the existing catch basin further down the block. Staff supports the applicant's request and recommends approval of the drainage easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance abandoning and vacating a 10 -foot wide by approximately 180 - feet in length (1,800 sq. ft.) portion of an existing drainage easement out of Lots 3 & 4, Block 1, Padre Island - Corpus Christi Section E located at 15045 & 15041 Aruba Drive. WHEREAS, pursuant to Corpus Christi Code 49-13, Mustang Engineering, on behalf of MMIP, LLC. (Owner) is requesting to abandon and vacate a 10 -foot wide by approximately 180 -feet in length (1,800 sq. ft.) portion of an existing drainage easement out of Lot 3 & 4, Block 1, Padre Island -Corpus Christi Section E located at 15045 & 15041 Aruba Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A 10 -foot wide by approximately 180 -feet in length (1,800 sq. ft.) portion of an existing drainage easement identified in exhibits A & B, located at 15045 & 15041 Aruba Drive, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B," which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor DRAINAGE EASEMENT CLOSURE THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING an 1809 square foot tract of land out of and being a portion of Lots 3 and 4, Block 1, Padre Island — Corpus Christi, Section E, according to the established map or plat thereof recorded in volume 38, Pages 25-26, Map Records of Nueces County, Texas, said 1809 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of Lot 3, Block 1, Padre Island — Corpus Christi, Section E, according to the established map or plat thereof recorded in Volume 38, Pages 25 — 26, Map Records of Nueces County, Texas; THENCE, North 28°49'27" West, a distance of 43.63 feet to a point on the West right of way of Aruba Drive for the southeast corner of a 5 foot wide drainage easement same being the southeast corner of the herein described tract and POINT OF BEGINNING; THENCE, South 76°13'04" West, departing said right of way of Aruba Drive, a distance of 182.01 feet to a point on the West boundary of said Lot 3, Block 1, same being on a non - tangential curve to the right having a radius bearing of South 88°16'17" East, a radius of 667.87 feet, a delta of 0°53'52" and an arch distance of 10.40 feet, for the southwest corner of the herein described tract; THENCE, along said West boundary of Lot 3, Block 1 with said curve to the right across said Lot 3, Block 1 and into Lot 4, Block 1 of said Padre Island — Corpus Christi, Section E, an arch distance of 10.40 feet to a point on the West boundary of said Lot 4, Block 1 for the northwest corner of a 5 foot drainage easement for the northwest corner of the herein described tract; THENCE, North 76°13'04" East, with the North edge of said 5 foot drainage easement, a distance of 179.91 feet to the northeast corner of said 5 foot drainage easement for the northeast corner of the herein described tract and being on a non - tangential curve to the left with a radius bearing of North 84°11'19" East, a radius of 80.00 feet, a delta of 7°11'14" and an arch distance of 10.04 feet; Thence, along said curve to the left, an arch distance of 10.04 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds an 1809 square foot tract of land, more or less. Basis of bearing are based on the north boundary of Lot 3, Block 1, Padre Island — Corpus Christi, Section E, as shown on the recorded map of Padre Island — Corpus Christi, Section E, a map of which is recorded in Volume 38, Pages 25-26, Map Records of Nueces County, Texas. Mustang Engineers g and Surveying Dan L. Urban Registered Professional Land Surveyor Texas No. 4710 5083 —1809 Square Feet Exhibit A / M DRQ • bc0 sy pec o// °')Q ' of Ofr 2 os Op ,C) 4407 4/`e es, Scs. CDG 1, �/pec . Te+o teo Moo<�9 P z5 cp. Cs. -43 rn� (13 10' Wide Drainage Easement Closure Bearings based on the north boundary of Lot 3, Block 1, Padre Island - Corpus Christi Section E, as monumented on the ground and shown as North 76°13'04" West on the recorded map of Padre Island - Corpus Christi Section E, a map of which is recorded in Volume 38, Pages 25-26, Map Records of Nueces County, Texas. Exhibit B / Point o Beginning Point of Commencement 00. 1 0.01 . 0. o. /a^° 4 /,g Aruba Drive (Varies R.O.W.) No Fieldnotes for a 10 foot wide Drainage Easement Closure, being out of Lots 3 and 4, Block 1, Padre Island — Corpus Christi Section E, a map of which is recorded in Volume 38, Pages 25-26, Map Records of Nueces County, Texas. Mustang Engineering and Surveying 306 East White Avenue Port Aransas, Texas 78373 Off 361-331-3936 ysi.m unoz@'yahoo.com Firm Registration No. 10194415 SCALE 1" = 30' JOB NO. S083 Location Map — Not to Scale Mustang Engineering and Surveying 306 East White Avenue Port Aransas, Texas 78373 Off 361-331-3936 ysi.munoz@yahoo.com Firni Registration No. 10194415 SCALE NTS JOB NO. S083 Easement Closure For Lots 3 & 4, Block 1, Padre Island Corpus Christi Section "E" (15045 & 15041 Aruba Drive) City Council Presentation November 12, 2019 Vicinity Map Aerial Overview Staff Recommendation Approval Detail SIide :1012" . � a% la. _ • \ V*� x� 11* 1 % 4 \ . k % . #' 4 '''rV•14::;'f \ r A ƒ *r � � i� ®f- • 215.Titt I 31 Aruba Drive Flow Line Detail 6,48 TTER 6,46 TTER 6.30 TTER TER 6.14 TER ,00 Catch Basin 1 isti-„y lot Ir:let 92 AGENDA MEMORANDUM Action Item for the City Council Meeting of November 19, 2019 DATE: November 12, 2019 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinNcctexas.com (361) 826-1874 CAPTION: Kim Baker, Director of Contracts and Procurement KimB2cctexas.com (361) 826-3169 Amendment No. 1 to Sodium Permanganate Supply Agreement Motion authorizing Amendment No. 1 to Supply Agreement No. 1266 with Carus Corporation, of Peru, Illinois, for a total amount not to exceed $174,762.00 for the 24 -month term, increasing the 24 -month contract amount from $3,407,859.00 to $3,582,621.00, allowing a price increase to the contract for the purchase of sodium permanganate for the treatment of potable drinking water at the O. N. Stevens Water Treatment Plant, with funding available through the Water Fund. SUMMARY: This motion authorizes an amendment to Supply Agreement 1266 with Carus Corporation of Peru, Illinois for an amount not to exceed $174,762.00 to allow a price increase to the contract for the purchase of sodium permanganate from $1.17 per pound to $1.23 per pound due to the increase in price for raw materials and freight. This amendment also increases the first of two 24 -month options to an amount not to exceed $3,407,859.00, making the total cost for the 24 - month contract a not to exceed amount of $3,582,621.00. There is one additional 24 -month option period that could be exercised for future years. BACKGROUND AND FINDINGS: The sodium permanganate is a chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant since 2016. This chemical is used for taste and odor aesthetics of the water and as an oxidizer to remove organics and help prevent a loss of chlorine disinfectant residual in the system. Supply Agreement No. 1266 is for 24 months beginning November 8, 2017 and expiring November 7, 2019 for a total not to exceed value of $3,582,621.00. The agreement includes an option to extend the term for up to two additional 24 -month periods. On July 19, 2019, the City received a request from Carus Corporation to increase the price of this chemical from $1.17 to $1.23 per pound. The increase in price will add $174,762.00 to the current contract pricing. The US Department of Labor (DOL) Bureau of Labor Statistics Producer Price Index (PPI) indicates the price for sodium compounds such as sodium permanganate increased by approximately 10.8% between 2017, which is when the initial contract was awarded, and 2019. This 10.8% indicator is in line with the proposed 5.1% price increase for sodium permanganate. ALTERNATIVES: An alternative to the approval of Amendment No. 1 to Supply Agreement No. 1266, with Carus Corporation would be to not extend the supply agreement. However, a Request for Bids would have to be conducted for sodium permanganate solution, which may lead to a shortage of this critical chemical required for the treatment of potable water. FISCAL IMPACT: The amendment for the FY 2020 price increase is an amount not to exceed $80,099.25. The total increase for the two years is an amount not to exceed $174,762.00. The total contract cost is $3,582,621.00. A not to exceed amount of $3,407,859.00 was previously approved and has already been budgeted in FY 2020 for the 24 -month amendment. The remaining cost of this contract will be budgeted in FY 2021. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 4010 Water 31010 Stevens Filter Plant 062 Treat water N/A 520010 Purification Chemicals Staff recommends approval of this motion authorizing Amendment No. 1 to Supply Agreement No. 1266 with Carus Corporation for the purchase of sodium permanganate as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement Amendment City of Corpus Christi Contracts and Procurement Department Date: November 8, 2019 Supply Agreement No.: 1266 — Sodium Permanganate Solution Reference: SA 1266 Supply Agreement Current Not to Exceed Value: $3,407,859 Amendment No. 1 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Carus Corporation, hereinafter referred to as the Supplier, do hereby make and enter into this amendment (the "Amendment") which, together with the Supply Agreement No. 1266 (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Supplier. Section 2. Term of the Agreement is amended to exercise the first of two 24 -month option(s) under the Agreement. The term is revised as follows: 1. Current Agreement Term: 11/08/2017 — 11/07/2019 2. Revised Agreement Term: 11/08/2017 — 11/07/2021 Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $3,582,621 which includes $3,407,859 for the additional term and $174,762 per Attachment B modifications, therefore the revised value of this Supply Agreement is not to exceed $6,990,480. Attachment B: Bid/Pricing Schedule to the Agreement is hereby amended to change the unit price for sodium permanganate solution from $1.17 per pound to $1.23 per pound due to the increase costs of raw materials, transportation, and product packaging. Item Description Unit Qty Unit Price Total Price 1 40% Solution Sodium Permanganate Lbs. 1,456,350 $1.23 $1,791,310.50 2 Unloading Delay HR 25 N/A $0.00 Total $1,791,310.50 The Supplier and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. Page 1 of 2 I) oti.re 11/11/2019 David J. Kuzy - Date President, CEO Carus LLC (f/k/a Carus Corporation) Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page2of2 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 T)cfSignature: lr" Printed Name: David J kuzy • IA !1 Title: CEO Date: September 27, 2017 CITY OF CORPUS CHRISTI Signature: iY\L Printed Name: f VLr Title: k)c-urQfi-,.Q,--32r- Date: \ \ \ 1'J\ 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 Approved as to Legal Form 9/18/17 ATTEST: REB' CCA HUERTA CITY SECRETARY v PcIL Page 7 of 7 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 b� CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 1266 Sodium Permanganate Solution PAGE 1 OF 1 us m gait;� c ih M 'ioPPE 1$g2 Date: September 18, 2017 Authorized 1 Bidder: Carus Corporation Signature: ,/t,/.1,t, ';- ��`'`-/'''io,_ 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 Delay HR 25 N/A $0.00 Total a S.:.1, n .t F� i',wl:.w'.� $1.703.929.50 . k: .,S 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 AH 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. 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 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. AGENDA MEMORANDUM Action Item for the City Council Meeting November 19, 2019 DATE: November 19, 2019 TO: Peter Zanoni, City Manager FROM: Keven Norton, Director of Water Utilities KevinNcctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Brass Service Fittings for Water Lines CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, in an amount not to exceed $616,962.97 to purchase brass service fittings, including valves, elbows, and couplings for the City Warehouse as a central distribution for the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 estimated funding in the amount of $171,378.61 available in the Stores Fund. SUMMARY: This motion authorizes a three-year supply agreement to purchase brass service fittings for water lines used by Utilities Department. These brass fittings are for new and replacement installations of the main cut-off water line to residential homes and businesses. The fittings are being purchased by the City Warehouse and will be stocked for purchase and distribution. BACKGROUND AND FINDINGS: The City Warehouse purchases and stocks brass service fittings for use by the Utilities Department for new and replacement installations of the main cut-off water to residential homes and businesses. The brass fittings will be utilized as valves, elbows, and couplings. The Contracts and Procurement Department conducted a competitive RFB process to obtain bids for a new contract. The City received four responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises LLC. ALTERNATIVES: An alternative to accepting this bid would be to require the Utilities Department to purchase the brass service fittings on an as needed basis, which would not be as productive. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Contracts and Procurement in FY 2020 is an estimated amount of $171,378.61 for this three-year supply agreement as a Cost of Goods Sold. The Utilities Department will be charged at cost as the brass service fittings are ordered from the City Warehouse. The remaining estimated $445,584.36 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 5010 Stores 40000 Warehouse Stores 185 Centralized Purchasing System N/A 520210 Cost of Goods Sold Staff recommends approval of this motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC for brass service fittings for water lines as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Contracts and Procurement Buyer: Cindy Ramos Bid Tabulation RFB 2579 - Brass Service Fittings for Water Lines Ferguson Enterprises, Inc. Core & Main, LP. Titan Pipe & Supply Ga eske, Inc. Item City Stock# Description UNIT 3QtY r Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 1003 CURB STOP 3/4" FIP X FIP FORD(B11-333-NL) OR MUELLER(MB20283NF) EA 432 $ 37.40 $ 16,158.10 $ 37.10 $ 16,027.20 $ 43.00 $ 18,576.00 $ 66.30 $ 28,641.60 2 1004 CURB STOP 1" FIP X FIP FORD(B11-444-NL) OR MUELLER (MB20283NG) EA 432 $ 58.12 $ 25,106.98 $ 57.50 $ 24,840.00 $ 66.70 $ 28,814.40 $ 103.11 $ 44,543.52 3 1005 METER STOP 3/4" ANGLE F X MTR FORD(BA13- 332W -NL) OR MUELLER(MB24265NEFF) EA 576 $ 47.84 $ 27,553.54 $ 49.75 $ 28,656.00 $ 57.65 $ 33,206.40 $ 88.34 $ 50,883.84 4 1006 METER 3/4" ANGLE STOP FIPXMTR FORD(KV13- 332W -NL) OR MUELLER(MH1465NFEF) EA 432 $ 20.85 $ 9,005.90 $ 22.40 $ 9,676.80 $ 26.60 $ 11,491.20 $ 40.92 $ 17,677.44 5 1008 METER ANGLE STOP 1" X 1-3/4" FORD(BA43- 342W -NL) OR MUELLER(MP24258NEFG) EA 576 $ 62.62 $ 36,070.27 $ 62.00 $ 35,712.00 $ 71.95 $ 41,443.20 $ 110.74 $ 63,786.24 6 1009 ANGLE METER STOP 1" FIP X MTR Ford(BA13- 444W -NL) OR MUELLER(MB24265NG) EA 240 $ 72.03 $ 17,288.16 $ 75.00 $ 18,000.00 $ 86.85 $ 20,844.00 $ 133.70 $ 32,088.00 7 1010 CURB STOP 3/4" FIP X CTS COMP FORD(B41-333- NL) OR MUELLER(MP2172NF) EA 576 $ 42.31 $ 24,371.14 $ 41.75 $ 24,048.00 $ 48.55 $ 27,964.80 $ 74.83 $ 43,102.08 8 1011 CURB STOP 1" FIP X CTS COMP FORD(B41-444- NL) OR MUELLER(MP25172330N) EA 240 $ 64.92 $ 15,581.28 $ 64.25 $ 15,420.00 $ 74.55 $ 17,892.00 $ 114.98 $ 27,595.20 9 1013 ANGLE MTR STOP 3/4" COM X MTR FORD(BA43- 332W -NL) OR MUELLER(MP2458NEFF) EA 648 $ 55.20 $ 35,770.25 $ 54.75 $ 35,478.00 $ 63.35 $ 41,050.80 $ 97.74 $ 63,335.52 10 1014 ANGLE MTR STOP 1" COMP X MTR FORD(BA43-444W-NL) OR MUELLER(MP24258NG) METER STOP 3/4" CTS X MTR FORD(B43-444-W- NL) OR MUELLER(MP24350NF) EA_ EA 480 576 $ 82.83 $ 50.14 $ 39,759.36 $ 28,881.79 $ 82.00 $ 49.75 $ 39,360.00 $ 28,656.00 $ 95.10 $ 57.60 $ 45,648.00 $ 33,177.60 $ 146.01 $ 89.16 $ 70,084.80 $ 51,356.16 11 1015 12 1016 METER STOP 1" COMP X MTR FORD(B43-444W- NL) OR MUELLER(MP24350NG) EA 360 $ 74.13 $ 26,685.36 $ 73.50 $ 26,460.00 $ 85.10 $ 30,636.00 $ 131.43 $ 47,314.80 13 1017 COUPLING 1-1/2" CTS X CTS FORD(C44-66-NL) OR MUELLER(MP15403NJ) EA 216 $ 50.55 $ 10,919.02 $ 50.25 $ 10,854.00 $ 59.70 $ 12,895.20 $ 90.71 $ 19,593.36 14 1018 COUPLING 2" CTS X CTS FORD(C44-77-NL) OR MUELLER(MP15403NK) EA 216 $ 68.27 $ 14,746.97 $ 68.00 $ 14,688.00 $ 80.60 $ 17,409.60 $ 123.85 $ 26,751.60 15 1019 COUPLING 3/4' MIP X MTR FORD(C38-23-2.5-NL) OR MUELLER(MH10890NF) EA 3300 $ 6.54 $ 21,578.70 $ 7.00 $ 23,100.00 $ 8.25 $ 27,225.00 $ 12.79 $ 42,207.00 16 1021 COUPLING 1" MIP X MTR FORD(C38-44-2.625-NL) OR MUELLER(MH10890NG) EA 960 $ 10.06 $ 9,652.80 $ 10.75 $ 10,320.00 $ 12.80 $ 12,288.00 $ 19.49 $ 18,710.40 17 1026 _ CORP STOP 3/4" MIP X CTS COMP FORD(F1100- 3NL) OR MUELLER(MP15028NF) EA 600 $ 23.52 $ 14,114.40 $ 23.50 $ 14,100.00 $ 27.95 $ 16,770.00 $ 42.58 $ 25,548.00 18 1027 CORP STOP 1" MIP X CTS COMP FORD(F1100- OR MUELLER(MP15028NG) EA 1200 $ 35.63 $ 42,752.40 $ 35.50 $ 42,600.00 $ 42.25 $ 50,700.00 $ 64.56 $ 77,472.00 19 _4NL) 1028 CORP STOP 1-1/2" MIP X CTS COM FORD(F1100- 6NL) OR MUELLER(MP25029NJ)_ EA 240 $ 100.98 $ 24,235.92 $ 102.90 $ 24,696.00 $ 115.30 $ 27,672.00 $ 186.24 $ 44,697.60 20 1029 CORP STOP 2" MIP X CTS COMP FORD(FB1100- 7NL) OR MUELLER(MP25028NK) EA 360 $ 167.00 $ 60,120.00 $ 170.00 $ 61,200.00 $ 192.30 $ 69,228.00 $ 302.23 $ 108,802.80 21 1033 U BRANCH 1" X 3/4' X 7.5" FORD(U48-43-7-NL) OR MUELLER(MP15363NGF712) EA 216 $ 31.14 $ 6,725.16 $ 34.00 $ 7,344.00 $ 39.35 $ 8,499.60 $ 58.75 $ 12,690.00 Item City Stock # Description UNIT 3QfY r Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 22 1034 U BRANCH 1" C X 3/4" M X 14" FORD(U48-43-14- NL) OR MUELLER(MP15363NGF1312) EA 360 $ 56.85 $ 20,466.36 $ 59.50 $ 21,420.00 $ 77.65 $ 27,954.00 $ 116.80 $ 42,048.00 23 1038 COUPLING 3/4' COMP X COMP FORD(C44-33NL) OR MUELLER(MP15403NF) EA 720 $ 13.14 $ 9,462.24 $ 13.15 $ 9,468.00 $ 15.60 $ 11,232.00 $ 23.34 $ 16,804.80 24 1039 COUPLING 1" CTS COMP X COMP FORD(C44- 44NL) OR MUELLER(MP15403NG) EA 576 $ 14.34 $ 8,259.26 $ 15.00 $ 8,640.00 $ 17.85 $ 10,281.60 $ 27.50 $ 15,840.00 25 1044 COUPLING 3/4' MIPT X COMP FORD(C84-33-NL) OR MUELLER(MP15428NF) EA 864 $ 10.77 $ 9,302.69 $ 10.75 $ 9,288.00 $ 12.80 $ 11,059.20 $ 19.44 $ 16,796.16 26 1045 COUPLING 1" MIP X CTS COMP FORD(C84-44- NL) OR MUELLER(n/a) EA 720 $ 12.74 $ 9,172.08 $ 12.75 $ 9,180.00 $ 15.15 $ 10,908.00 $ 23.34 $ 16,804.80 27 1046 COUPLING 1" X 1-1/4" MIPT X COMP FORD(C84- 45 -NL) OR MUELLER(MP15428NH) EA 260 $ 24.58 $ 6,389.76 $ 20.75 $ 5,395.00 $ 27.05 $ 7,033.00 $ 41.53 $ 10,797.80 28 1047 COUPLING 1-1/2" MIP X CTS COMP FORD(C84-66- NL) OR MUELLER(MP15428NJ) EA 144 $ 35.19 $ 5,067.65 $ 35.00 $ 5,040.00 $ 41.55 $ 5,983.20 $ 63.59 $ 9,156.96 29 1048 COUPLING 2" MIP X CTS COMP FORD(C84-77NL) OR MUELLER(MP15428NK) EA 288 $ 51.28 $ 14,767.49 $ 51.00 $ 14,688.00 $ 60.55 $ 17,438.40 $ 91.93 $ 26,475.84 30 1858 RESETTER 5/8" X 3/4" X 7" FORD(V42-7W-NL) OR MUELLER(MH14118NEFW) EA 144 $ 63.88 $ 9,199.01 $ 68.00 $ 9,792.00 $ 78.40 $ 11,289.60 $ 117.74 $ 16,954.56 31 1859 RESETTER 5/8" X3/4" X 1/2" FORD(V42-12W-NL) OR MUELLER(MH14118NEF12) EA 120 $ 69.19 $ 8,302.44 $ 71.25 $ 8,550.00 $ 82.15 $ 9,858.00 $ 121.75 $ 14,610.00 32 1862 RESETTER 5/8" X3/4" X 9" FORD(V42-9W-NL) OR MUELLER(MH14118NEFY) EA 144 $ 65.95 $ 9,496.51 $ 68.75 $ 9,900.00 $ 79.40 $ 11,433.60 $ 118.89 $ 17,120.16 GRAND TOTAL $ 616,962.97 $ 622,597.00 $ 727,902.40 $ 1,120,291.04 SUPPLY AGREEMENT NO. 2579 Brass Service Fittings for Water Lines THIS Brass Service Fittings for Water Lines Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Ferguson Enterprises, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Brass Service Fittings for Water Lines in response to Request for Bid No. 2579 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor'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 Contractor agree as follows: 1. Scope. Contractor will provide Brass Service Fittings for Water Lines 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period(s)"), provided, the parties do so by written amendment 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. This Agreement is for an amount not to exceed $616,962.97, 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. Contractor shall invoice no more frequently than once per month. 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Name: Robert Presnell Department: Contracts and Procurement Phone: 361-826-1750 Email: robertpr@cctexas.com 5. Insurance. 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 001 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 Contractor 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 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before 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 Contractor, 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 Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 8. Warranty. (A) 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. (B) 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 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 products 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Robert Presnell Stores Supervisor 5352 Ayers, Bldg 6, Corpus Christi, TX 78415 361-826-1750 Fax: 361-826-1690 IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Bryan Steele Sales 221 Junior Beck Drive, Corpus Christi, TX 78405 361-289-1977 Fax 361-289-1968 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms 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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. 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. 21. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. 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). 23. 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 if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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 July 11, 2019 CONTRACTOR _`4°."Signature: �� Printed Name: /J . :5 e�� Title: 51-tee<5. Date: /O /(— 7 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 2579 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form July 11,2019 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The City uses and stocks brass fittings at the City Warehouse for use by Water Utilities Department for the main cut-off water to residential homes and businesses. 2. Scope of Work A. The Contractor shall provide brass fittings, as outlined on the bid/pricing schedule, stamped with the letters "NL" (lead free) and the materials shall comply with American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 60/61 which must be obtained from NSF, UL, or an agency recognized by the Texas Natural Resource and Conservation Commission (TNRCC). In lieu of certified parts, TNRCC's interim order, which would grant the purchase of a different type (that would serve the same purpose) may be acceptable only if no product in that category has been certified. This specification covers various fittings used by the City of Corpus Christi, Texas. The products listed in this specification will be used to restock the Warehouse Department. B. The Contractor shall cross reference the City's stock number listed on the Bid/Pricing schedule. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 3. Contractor Quality Control and Superintendence A. All brass fittings for water lines will be defect free, properly packed and shipped to ensure a safe delivery. B. Any fines or other costs imposed on the City by TNRCC, or any successor agency, for accepting no -certified products, will be passed on to and born by the Contractor. 4. Special Instructions A. Ordering and Delivery 1. City will place an order on as needed basis. 2. Contractor shall ship the materials within 2 weeks of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4. Contractor must send Technical data sheet along with the delivery of the material. City will not accept any products that do not conform to the specifications. Page 1 of 2 RFQ Revised 1.3.2018 5. If any items found defective, unusable or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 7. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 2 of 2 RFQ Revised 1.3.2018 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM °5 � (1� sl ft��Y' „„:,,,,,4,., ooa ,, 1852 RFB No. 2579 Brass Fittings for Water Lines PAGE 1 OF 3 Date: 09-26-2019 '� Authorized Bidder: FERGUSON ENTERPRISES, LLC Signature: / L------"`� 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 Contracts and Procurement 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 City Stock # Description UNIT 3Year Qty Unit Price Total Price CURB STOP 3/4" FIP X HP 1 1003 FORD(B11-333-NL) OR EA 432 MUELLER(MB20283NF) 37.403 16158.10 CURB STOP 1 " FIP X FIP 2 1004 FORD(B11-444-NL) OR MUELLER EA 432 (MB20283NG) 58.118 25106.98 METER STOP 3/4" ANGLE F X MTR 3 1005 FORD(BA13-332W-NL) OR EA 576 MUELLER(MB24265NEFF) 47.836 27553.54 METER 3/4" ANGLE STOP FIPXMTR 4 1006 FORD(KV13-332W-NL) OR EA 432 MUELLER(MH1465NFEF) 20.847 9005.90 METER ANGLE STOP 1" X 1-3/4" 5 1008 FORD(BA43-342W-NL) OR EA 576 MUELLER(MP24258NEFG) 62.622 36070.27 Page 2 of 3 6 1009 ANGLE METER STOP 1" FIP X MTR Ford(BA13-444W-NL) OR MUELLER(MB24265NG) EA 240 72.034 17288.16 7 1010 CURB STOP 3/4" FIP X CTS COMP FORD(B41-333-NL) OR MUELLER (MP2172NF) EA 576 42.311 24371.14 8 1011 CURB STOP 1" FIP X CTS COMP FORD(B41-444-NL) OR MUELLER(MP25172330N) EA 240 64.922 15581.28 9 1013 ANGLE MTR STOP 3/4" COM X MTR FORD(BA43-332W-NL) OR MUELLER (MP2458NEFF) EA 648 55.201 35770.25 10 1014 ANGLE MTR STOP 1" COMP X MTR FORD(BA43-444W-NL) OR MUELLER(MP24258NG) EA 480 82.832 39759.36 11 1015 METER STOP 3/4" CTS X MTR FORD(B43-444-W-NL) OR MUELLER(MP24350NF) EA 576 50.142 28881.79 12 1016 METER STOP 1" COMP X MTR FORD(B43-444W-NL) OR MU ELLER(MP24350NG) EA 360 74.126 26685.36 13 1017 COUPLING 1-1/2" CTS X CTS FORD(C44-66-NL) OR MUELLER(MP 15403NJ) EA 216 50.551 10919.02 14 1018 COUPLING 2" CTS X CTS FORD(C44-77-NL) OR MUELLER (MP 15403N K) EA 216 68.273 14746.97 15 1019 COUPLING 3/4" MIP X MTR FORD(C38-23-2.5-NL) OR MUELLER(MH10890NF) EA 3300 6.539 21578.70 16 1021 COUPLING 1" MIP X MTR FORD(C38-44-2.625-NL) OR MUELLER(MH10890NG) EA 960 10.055 9652.80 17 1026 CORP STOP 3/4" MIP X CTS COMP FORD(F1100-3NL) OR MUELLER(MP 15028NF) EA 600 23.524 14114.40 18 1027 CORP STOP 1" MIP X CTS COMP FORD(F1100-4NL) OR MUELLER(MP15028NG) EA 1200 35.627 42752.40 19 1028 CORP STOP 1-1/2" MIP X CTS COM FORD(F1100-6NL) OR MUELLER(MP25029NJ) EA 240 100.983 24235.92 20 1029 CORP STOP 2" MIP X CTS COMP FORD(FB1100-7NL) OR MUELLER(MP25028NK) EA 360 167.000 60120.00 Page 3 of 3 U BRANCH 1" X 3/4" X 7.5" 21 1033 FORD(U48-43-7-NL) OR EA 216 MUELLER(MP15363NGF712) 31.135 6725.16 U BRANCH 1" CX3/i" MX 14" 22 1034 FORD(U48-43-14-NL) OR EA 360 MUELLER(MP 15363NGF1312) 56.851 20466.36 COUPLING 3/4" COMP X COMP 23 1038 FORD(C44-33NL) OR EA 720 MUELLER(MPI5403NF) 13.142 9462.24 COUPLING 1" CTS COMP X COMP 24 1039 FORD(C44-44NL) OR EA 576 MUELLER(MP15403NG) 14.339 8259.26 COUPLING 3/4" MIPT X COMP 25 1044 FORD(C84-33-NL) OR EA 864 , MUELLER(MP15428NF) 10.767 9302.69 COUPLING 1" MIP X CTS COMP 26 1045 FORD(C84-44-NL) OR MUELLER(n/a) EA 720 12.739 9172.08 COUPLING 1" X 1-1/4" MIPT X COMP 27 1046 FORD(C84-45-NL) OR EA 260 MUELLER(MP15428NH) 24.576 6389.76 COUPLING 1-1/2" MIP X CTS COMP 28 1047 FORD(C84-66-NL) OR EA 144 MUELLER(MP15428NJ) 35.192 5067.65 COUPLING 2" MIP X CTS COMP 29 1048 FORD(C84-77NL) OR EA 288 MUELLER(MP 15428NK) 51.276 14767.49 RESETTER 5/8" X 3/4" X 7" 30 1858 FORD(V42-7W-NL) OR EA 144 MUELLER(MH14118NEFW) 63.882 9199.01 RESETTER 5/8" X 3/4" X 1/2" 31 1859 FORD(V42-12W-NL) OR EA 120 MUELLER(MH14118NEF12) 69.187 8302.44 RESETTER 5/8" X 3/4" X 9" 32 1862 FORD(V42-9W-NL) OR EA 144 MUELLER(MH14118NEFY) 65.948 9496.51 r Grand Total .6-16.4244.. 41110 Initial to approve - .. > $616,962.97 ATTACHMENT C: INSURANCE REQUIREMENT Section 5. is null to this Service Agreement Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. Page lof 1 RFQ Revised 1.3.2018 AGENDA MEMORANDUM Action Item for the City Council Meeting November 19, 2019 DATE: November 19, 2019 TO: Peter Zanoni, City Manager FROM: Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Fire Hydrants CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas, in an amount not to exceed $562,650.00 to purchase fire hydrants for the City Warehouse as a central distribution for the Utilities Department, effective upon issuance of notice to proceed, with FY 2020 estimated funding in the amount of $156,291.67 available through the Stores Fund. SUMMARY: This motion authorizes a three-year supply agreement to purchase fire hydrants for use by Utilities Department. These fire hydrants are for new and replacement installations and are being purchased by the Warehouse and will be stocked for purchase and distribution. BACKGROUND AND FINDINGS: The City Warehouse purchases and stocks six to nine fire hydrants at a time, for use by the Utilities Department as needed for new and replacement installations throughout City owned right-of-way property. The cost of each fire hydrant ranges from $1,444.00 to $1,620.00 depending on the size of the bury depth, which can span from 3 feet to 51A feet. The Contracts and Procurement Department conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises LLC. ALTERNATIVES: An alternative to accepting this bid would be to require the Utilities Department to purchase the fire hydrants on an as needed basis through the open market, which would not be as productive. In addition, a Tong -term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Contracts and Procurement in FY 2020 is an estimate of $156,291.67 for this three-year supply agreement as a Cost of Goods Sold. The Utilities Department will be charged at cost as the fire hydrants are ordered from the City Warehouse. The remaining estimated $406,358.33 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5010 Stores Organization/Activity: 40000 Warehouse Stores Mission Element: 185 Centralized Purchasing System Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC for fire hydrants as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Contracts and Procurement Buyer: Cindy Ramos Bid Tabulation RFB 2580 - Fire Hydrants GRAND TOTAL $ 562,650.00 $ 576,900.00 $ 647,587.50 Ferguson Enterprises, Inc. Core & Main, LP. Titan Pipe & Supply Item City Stock# Description UNIT 3Qhpr Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 2324 3 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 60 $ 1,444.00 $ 86,640.00 $ 1,500.00 $ 90,000.00 $1,647.50 $ 98,850.00 2 2325 3-1/2 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 90 $ 1,510.00 $ 135,900.00 $ 1,540.00 $ 138,600.00 $1,737.25 $ 156,352.50 3 2326 4 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 90 $ 1,545.00 $ 139,050.00 $ 1,575.00 $ 141,750.00 $1,778.50 $ 160,065.00 4 2327 4-1/2 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 60 $ 1,581.00 $ 94,860.00 $ 1,610.00 $ 96,600.00 $1,817.65 $ 109,059.00 5 2328 5 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 36 $ 1,600.00 $ 57,600.00 $ 1,650.00 $ 59,400.00 $1,861.00 $ 66,996.00 6 2329 5-1/2 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 30 $ 1,620.00 $ 48,600.00 $ 1,685.00 $ 50,550.00 $1,875.50 $ 56,265.00 GRAND TOTAL $ 562,650.00 $ 576,900.00 $ 647,587.50 SUPPLY AGREEMENT NO. 2580 Fire Hydrants THIS Fire Hydrants Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Ferguson Enterprises, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Fire Hydrants in response to Request for Bid No. 2580 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor'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 Contractor agree as follows: 1. Scope. Contractor will provide Fire Hydrants 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero -year periods ("Option Period(s)"), provided, the parties do so by written amendment 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. This Agreement is for an amount not to exceed $562,650.00, 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. Contractor shall invoice no more frequently than once per month. 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Name: Robert Presnell Department: Contracts and Procurement Phone: 361-826-1750 Email: robertpr@cctexas.com 5. Insurance. 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 001 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 Contractor 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 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before 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 Contractor, 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 Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 8. Warranty. (A) 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. (B) 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 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 products 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Robert Presnell Stores Supervisor 5352 Ayers, Bldg 6, Corpus Christi, TX 78415 361-826-1750 Fax: 361-826-1690 IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Bryan Steele Sales 221 Junior Beck Drive, Corpus Christi, TX 78405 361-289-1977 Fax 361-289-1968 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms 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. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. 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. 21. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. 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). 23. 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 if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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 July 11, 2019 CONTRACTOR Signature: Printed Name: f2 Title: Date: --/c-c /7 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 2580 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form July 11,2019 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The City uses and stocks fire hydrants at the City Warehouse for use by the Corpus Christi Fire Department for municipal water distribution and fire service. 2. Scope of Work A. The Contractor shall provide fire hydrants, as outlined on the bid/pricing schedule. B. The Contractor shall cross reference the City's stock number listed on the Bid/Pricing schedule. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 3. Contractor Quality Control and Superintendence A. The shutoff shall be of the compression type only. B. Fire hydrants shall be defect free, properly packed and shipped to ensure a safe delivery. C. Fire hydrants shall be of the traffic model type equipped with a safety flange or collar on both the hydrant barrel and stem. 4. Functional and Performance Requirements A. Fire hydrants shall meet AWWA C-502 specifications with latest revisions. B. The inlet shall be ASA -A21.11 (latest revision thereof) mechanical joint for size 6 inch, Class 150, cast iron pipe. A complete set of joint material shall be furnished with each hydrant. C. Each hydrant shall have two -hose nozzles and one pumper nozzle. Nozzle shall be readily replaceable threaded or cam -locked into hydrant body. D. The hydrants shall be furnished in bury length as specified on the bid/pricing sheet. E. Diameter (nominal inside) of hose and pumper nozzles - The hose nozzle shall be two and one-half inches inside diameter and the pumper nozzle shall be four inches inside diameter. F. The hose nozzles shall have two and one-half inch National Standard Thread (7 1/2 threads per inch). The pumper nozzle shall have six thread per inch with an outside diameter of 4.658 inches, pitch diameter of 4.543 inches and a root diameter of 4.406 inches. G. Harnessing lugs are not required. H. Fire hydrants shall include nozzle cap gaskets. I. Tapping of drain opening for pipe thread is not required. J. Fire Hydrants shall include a drain opening. K. Fire hydrants shall open left (counter clockwise). Page lof 3 RFQ Revised 1.3.2018 L. That portion of the fire hydrant above the ground line shall be painted chrome yellow. M. The operating and cap nuts shall be tapered pentagon one and one fourth (1 1/4) inch point to face at base and one and one-eighth (1 1/8) inch point to face at top of the nut. N. Hydrants shall be furnished without nozzle cap chains. 0. Fire hydrants' main valve opening shall not be less than five and one-quarter inches inside diameter. P. The main valve facing of the hydrant shall be rubber with 90 ± one Durometer hardness. When the main valve lower washer and stem nut are not an integral casting then the bottom stem threads shall be protected with a ductile and/or bronze cap nut and a stainless steel and/or bronze lock nut. Q. Fire hydrants shall be made in two (2) or more barrel sections with flanges connecting the barrel to the elbow to the packing plate. R. Fire hydrants shall be equipped with a breakable coupling on both the barrel section and the stem. These couplings shall be at least two inches above the finished grade line. The coupling shall be designed so that in case of traffic collision the barrel and stem collar will break before any other part of the hydrant breaks. S. Fire hydrants shall be designed as to permit its extension without excavating after the hydrant is completely installed. T. Weakened steel or weakened cast iron bolts that are used in the breakable barrel couplings will not be acceptable. U. Stems that have operating thread located in the waterway shall be made of manganese bronze, everdure, or other high quality non -corrodible metal. Stems that do not have operating threads located in the waterway must be sealed by a packing gland or 0 -ring seal located between the stem threads and the waterway. Iron or steel stems shall be constructed with a bronze sleeve extending through the packing gland or 0 -ring seal area. The sleeve shall be of sufficient length to be in the packing or 0 -ring seal in both open and closed positions of the main valve. The sleeve shall be secured to the steel stem so as to prevent water leakage between the two when subjected to 300 pounds hydrostatic test pressure. V. Drain valves operating through gravity are not acceptable. W. The operating stem nut shall be designed to prevent seepage, rain or sleet and the accumulation of dust between the operating nut and the hydrant top. The operating stem nut shall be made of bronze. Page 2 of 3 RFQ Revised 1.3.2018 X. Fire hydrants having the threaded part of the stem at the hydrant top shall be equipped with a packing gland or an 0 -ring seat immediately below the threaded section of the stem. Y. The valve seat ring shall not be made an integral part of the shoe. The valve seat ring shall be bronze and shall thread into a bronze drain ring. 5. Special Instructions A. Ordering and Delivery 1. City will place an order on as needed basis. 2. Contractor shall ship the materials within 2 weeks of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4. Contractor must send Technical data sheet along with the delivery of the material. City will not accept any products that do not conform to the specifications. 5. If any items found defective, unusable or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 7. Cancellations shall be in writing and sent to Contractor by email, fax or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor's inability to meet the deadline delivery date. B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. Page 3 of 3 RFQ Revised 1.3.2018 it ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 2580 - ;., 1 ti S> Sb �2Y '�aevoaas 1852 o Fire Hydrants Date: 09-26-2019 Authorized ' Bidder: FERGUSON ENTERPRISES, LLC 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 Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement 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 City Stock # Description UNIT 3 Year Qty Unit Price Total Price 1 2324 3 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 60 1444.00 86640.00 3-1 /2 Foot Bury Fire Hydrant, EA 2 2325 Improved Mechanical Joint 90 1510.00 135900.00 3 2326 4 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 90 1545.00 139050.00 4 2327 4-1 /2 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 60 1581.00 94860.00 5 2328 5 Foot Bury Fire Hydrant, Improved Mechanical Joint EA 36 1600.00 57600.00 5-1 /2 Foot Bury Fire Hydrant, EA 6 2329 Improved Mechanical Joint 30 1620.000 48600.00 Grand Total 562,650.00 ORDER MINIMUM: 6,0001bs Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENT Section 5. is null to this Service Agreement Page lof 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. Page lof 1 RFQ Revised 1.3.2018 AGENDA MEMORANDUM Action item for the City Council Meeting of November 19, 2019 DATE: November 19, 2019 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, P.E., Director of Engineering Services JeffreyE(a�cctexas.com (361) 826-3851 Kim Baker, Director of Contracts and Procurement KimB2cctexas.com (361) 826-3169 Purchase of Ten Trucks for Engineering Services CAPTION: Motion authorizing a purchase with Silsbee Ford of Silsbee, Texas in an amount not to exceed $276,642.50 for ten 2019 Ford F-150 regular cab pick-up trucks to be used by the ten additional Engineering Services Inspectors that were added as part of the FY 2020 Budget process, effective upon issuance of a letter of acceptance, with funding available in the Engineering Services fund. SUMMARY: This motion authorizes a purchase of ten 2019 Ford F-150 regular cab pick-up trucks for Engineering Services. These vehicles are additions to the fleet for construction inspectors in an amount not to exceed $276,642.50 with funding made available in the Engineering Services fund. BACKGROUND AND FINDINGS: The vehicles will provide fuel efficient transportation for Engineering Services construction inspectors working in the field. They will allow for a more efficient and timely response to better serve the needs of citizens and project sites. Engineering Services will no longer utilize mileage reimbursement for ten construction inspectors, once these vehicles are purchased. The procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured and are in compliance with Texas Local and State procurement requirements. ALTERNATIVES: The ten construction inspectors can be reimbursed for mileage as needed. However, this would be less cost effective. FISCAL IMPACT: The fiscal impact for Engineering Services in FY 2020 is $276,642.50. These vehicles are additions to the fleet and will be an outright purchase. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: 5310 Engineering Services Fund 11190 Construction Inspection 012 Technical Engineering Support Services N/A 550020 Vehicles & Machinery Staff recommends approval of this motion authorizing the purchase with Silsbee Ford for the purchase of ten 2019 Ford F-150 regular cab pick-up trucks as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Contracts and Procurement Buyer: Cynthia Perez Price Sheet Ten Trucks for Engineering GoodBuy Contract 17-17 8F000 Vehicles TOTAL $276,642.50 Silsbee Ford Silsbee, Texas ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 2019 Ford F-150 Regular Cab 10 each $27,634.25 $276,342.50 2 GOODBUY Fee 1 each $300.00 $300.00 TOTAL $276,642.50 AGENDA MEMORANDUM Action Item for the City Council Meeting November 19, 2019 DATE: November 19, 2019 TO: Peter Zanoni, City Manager FROM: Peter Collins, Interim Chief Officer of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 Intergraph Hexagon Maintenance Renewal CAPTION: Motion authorizing a two-year license maintenance renewal agreement with Hexagon Safety & Infrastructure of Madison, Alabama in an amount not to exceed $561,249.79, for use and maintenance of Intergraph software in support of public safety, effective upon issuance of a notice to proceed, with the FY 2020 funding in the amount of $273,308.53 available through the Information Technology Fund. SUMMARY: Information Technology is requesting this action to authorize a license renewal agreement with Hexagon Safety & Infrastructure for the purchase of Intergraph software, for use and maintenance in support of public safety. BACKGROUND AND FINDINGS: The City purchased the current Intergraph software for Public Safety in 2006. The software includes computer aided dispatch in which information is received from the public through 911 and dispatched to emergency responders in the field for both the Police Department and Fire Department. It also includes records management that serves as a repository of information the Police Department uses for offense reports, traffic reports, arrest records, supplemental reports and stores the master vehicle, person and property records. Mobile for Public Safety is a component by which emergency responders in the field receive dispatch information and routing information to respond to emergency requests from the public. Renewal of the Intergraph software package will ensure continued support from Hexagon Safety and Infrastructure with software support, software errors or problems, product updates, and the installation of updates. The renewal is critical to ensure continued support of this product. ALTERNATIVES: This software is vital to the continued support of the 911 system for the efficient response of the Police Department and the Fire Department in protection of the citizens of Corpus Christi. It is a very robust system for the emergency responders in the field. Replacement would be costly and disruptive to the service already provided. FISCAL IMPACT: The fiscal impact for the Information Technology Department is an amount not to exceed $273,308.53 for FY 2020 for the first year of the two-year maintenance agreement, with the remaining cost of $287,941.26 for the second year to be budgeted the next fiscal year through the annual budget process. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: 5210 Info Tech 40495 IT Public Safety Services 242 Support Software Applications n/a 520105 Computer Software RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Price Sheet Maintenance Renewal Agreement City of Corpus Christi Contracts and Procurement Sr. Buyer: Minerva Alvarado Price Sheet Maintenance Renewal License Agreement $561,249.79 Hexagon Safety & Infrastructure Madison, AL Item Description Unit Qty Price 1 Services - Year 1 EA 1 $500.00 2 Maintenance Support - Year 1 EA 1 $272,808.53 3 Services - Year 2 EA 1 $500.00 4 Maintenance Support - Year 2 EA 1 $287,441.26 $561,249.79 HEXAGON SAFETY & INFRASTRUCTURE MAINTENANCE RENEWAL POLICIES LATE RENEWAL If your maintenance renewal is not received prior to the performance period begin date, in addition to any reinstatement fees that may be charged as described below, maintenance services for the new coverage period may be terminated or suspended by Intergraph Corporation d/b/a Hexagon Safety & Infrastructure. This includes your ability to access system support or the knowledge base, and the ability to log or check support requests. Therefore it is important that you do not delay in renewing your maintenance service contract. REINSTATEMENT FEE FOR LAPSE IN HEXAGON MAINTENANCE COVERAGE Hexagon charges a 25% reinstatement fee when maintenance coverage lapses because a renewal is not received by the performance period begin date. Notwithstanding the foregoing, for all Oracle products there is a 50% reinstatement fee when maintenance coverage lapses because a renewal is not received by the performance period begin date. The reinstatement fee will be calculated and assessed for each month in which there has been a lapse in coverage. The details of this fee may be found in Section 4.1 of the Terms and Conditions. To ensure you are not assessed a reinstatement fee, please return your renewal instructions before the performance period begin date. LICENSE RE -PURCHASE FOR LAPSE IN MICROSOFT SQL SERVER AND BIZTALK MAINTENANCE COVERAGE Hexagon's agreement with Microsoft for reinstating maintenance that has lapsed on Microsoft SQL Server and BizTalk licenses obtained from Hexagon and for which Hexagon provides maintenance and support. Microsoft only allows Hexagon to provide maintenance (including upgrades of the Microsoft products) to you if you provide renewal instructions prior to the performance period begin date shown in the attached quote and without any lapse in coverage. Any maintenance renewal received on or after the performance period begin date is considered to be a lapse in coverage and will not be accepted by Hexagon. Therefore, if your renewal for the Microsoft license maintenance is not received by Hexagon by the performance period begin date, when you wish to upgrade to a new version of SQL Server and/or BizTalk, you are HEXAGON SAFETY & INFRASTRUCTURE required to re -purchase the licenses for the Microsoft products at the then current list price of those products, plus one year of maintenance coverage from the date of re -purchase. You will not be eligible to obtain support services from Hexagon during any lapse in maintenance coverage for SQL Server and/or BizTalk. BUSINESS INTELLIGENCE MAINTENANCE BEGINS WITH LICENSE PURCHASE; MAINTENANCE RENEWALS MUST BE RECEIVED BEFORE CURRENT MAINTENANCE TERM EXPIRES Due to constraints related to third -party content in the Business Intelligence suite, the maintenance term must begin when Business Intelligence licenses are purchased. The maintenance must renew, if elected, on the anniversary of the license purchase; therefore, your renewal instructions must be received prior to the performance period begin date shown in the attached quote and without any lapse in coverage. Any maintenance renewal received on or after the performance period begin date is considered to be a lapse in coverage and will not be accepted by Hexagon. Therefore, if your renewal for the Business Intelligence license maintenance is not received by Hexagon by the performance period begin date, when you wish to upgrade to a new version of Business Intelligence, you are required to purchase an upgrade of the Business Intelligence products at a price that is fifty percent (50%) of the then current list price, plus one year of maintenance coverage from the date of the upgrade purchase. You will not be eligible to obtain support services from Hexagon during any lapse in maintenance coverage for the Business Intelligence products. CHARGES ARE PAYABLE ANNUALLY AND IN ADVANCE Hexagon's payment terms are annual, in advance, for maintenance service contracts. If you wish to instead pay quarterly in advance, please request a revised quotation. A convenience fee of 15% will be added to contracts with quarterly payment schedules instead of annual. The convenience fee will be prorated across the four quarterly invoices. May 25, 2016 2 HEXAGON SAFETY ®INFRASTRUCTURE Hexagon Safety & Infrastructure U.S. Maintenance Terms and Conditions for Software for Corpus Christi Texas This document ("Terms and Conditions") and the Quote to which these Terms and Conditions are attached set forth the terms and conditions for the maintenance of software and related support services by Intergraph Corporation doing business as Hexagon Safety & Infrastructure ("Hexagon") for Customer. 1. DEFINITIONS 1.1. "Affiliate" means any entity or person controlled by or under common control of Hexagon. For the purposes of this Agreement, the term "control" means ownership, directly or indirectly, of equity securities entitling the owner to exercise in the aggregate equal or more than twenty-five percent (25%) of the voting power of the entity in question. For the avoidance of doubt, any Affiliate of Hexagon is as well deemed an Affiliate of any other Affiliate of Hexagon; also Hexagon is an Affiliate of any of its Affiliates. 1.2. "Agreement" means (1) the binding contract incorporating these Terms and Conditions as well as the Quote submitted to Customer under Section 2 and/or, if applicable, (2) the binding contract incorporating a Quote submitted to Customer under Section 3.2 and/or Section 12.1 as well as the maintenance service contract terms and conditions referenced therein. 1.3. "Coverage Period" means the period of performance set forth in the Quote. 1.4. "Covered Products" means the software listed on the Quote for which Services are to be provided to Customer by Hexagon. Covered Products shall also include additional copies of the software (i) where the original software is already covered by the Agreement and (ii) for which additional licenses are purchased or otherwise obtained by Customer during the Coverage Period. Covered Products may include Software Products, as well as Third Party Software. 1.5. "Customer" means the entity or person purchasing Services. 1.6. "Quote" means a quotation for Services submitted to Customer by Hexagon or an authorized Hexagon partner, along with a product quotation at time of purchase of the product to be maintained. according to Section 2, or a quotation for Services submitted to Customer by Hexagon, according to, Section 3.2 and/or Section 12.1. 1.7. "Services" means the maintenance and support services for Covered Products that are further described in the Agreement. 1.8. "Software Product" includes Hexagon's or Hexagon's Affiliate's computer software and all of the contents of the files, disk(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and "online" or electronic documentation, all copies, and any Updates of such Software Products. Software Products are subject to all of the terms and conditions of the End -User License Agreement ("EULA") provided with the Software Product. 1.9. "Third Party Software" means computer software or other technology in which any person or entity, other than Hexagon or Hexagon's Affiliate, has any right, title or interest, including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) Page 1 of 14 applicable to the computer software or technology, but does not include software embedded in the Software Products by license from third parties. The use of Third Party Software is subject to all of the terms and conditions of the third party's software license or similar agreement ("SLA") provided with the Third Party Software. 1.10. "Update(s)" means any Upgrade, modified version, fix, patch and/or update of Covered Products. The use of Updates is subject to all of the terms and conditions of the EULA or SLA provided with Customer's current version of the Covered Products. 1.11. "Upgrade(s)" means each new release of Covered Products. Upgrades require a full installation and may be provided with a separate EULA or SLA. Any EULA or SLA delivered with the Upgrade will supersede any EULA or SLA associated with prior releases of the Covered Products. 2. AUTHORIZATION OF SERVICES By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing a Quote; (c) paying any charges as set forth on a Quote; or (d) accepting delivery of Services as set forth on a Quote, Customer authorizes Hexagon to provide the Services for Covered Products during the Coverage Period in accordance with the Agreement. The Services will be provided by Hexagon in accordance with the Scope of Coverage as set forth in Section 5. The Agreement shall only become binding and effective upon the written acceptance by Hexagon or the first delivery of the Services set forth in the Quote, whichever is earlier. 3. TERM 3.1. Term. This Agreement shall begin, retroactively (if applicable), on the first calendar day of the first month of the applicable Coverage Period, and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 18, or renewed by mutual agreement of the parties in accordance with Section 3.2. The Coverage Period shall be for whole months only. 3.2. Renewal. Approximately ninety (90) days prior to the expiration date of any Coverage Period, Hexagon will submit to Customer a renewal Quote that includes pricing for the upcoming Coverage Period. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the renewal Quote. If the Agreement is not entered into based on the renewal Quote as well as the maintenance service contract terms and conditions referenced therein, Hexagon, after the preceding Coverage Period has expired, shall be entitled to discontinue Services for the affected Covered Products, including access to system support or knowledge base, and/or end the ability of Customer to log or check support requests. 4. REINSTATEMENT OF MAINTENANCE SUPPORT COVERAGE 4.1. Lapse in Software Maintenance Coverage. To reinstate Services after any termination or suspension thereof, Customer must pay a reinstatement fee. The Coverage Period for any reinstated Services (the "Renewal Coverage Period") shall begin on the first day after the expiration or termination of the last paid -in -full Coverage Period and extend until the next purchase anniversary date of the lapsed Covered Products. The reinstatement fee will equal twenty-five percent (25%) of the past due maintenance charges (rounded up to whole months only) for the Renewal Coverage Period, and shall be in addition to the total maintenance charges due for the Renewal Coverage Period, all calculated at the current maintenance list price. Upon request of Customer, Hexagon will provide a Quote for the Renewal Coverage Period, to include the reinstatement fee, which is applicable only for reinstatement made in the then -current month. Page 2 of 14 4.2. Failure to Obtain Maintenance Coverage. In the event Services were not purchased at the time that the Covered Product was originally purchased, in order to obtain Services, Customer must pay one hundred twenty-five percent (125%) of all maintenance payments from the date the original Covered Product was purchased up to the date the Services are actually purchased, plus one hundred percent (100%) of the remaining Coverage Period that expires upon the anniversary date of the original Covered Product purchase, all calculated at the current maintenance list price. The Coverage Period for such Covered Products will begin on the first day of the month in which the Covered Products were originally purchased. 5. SCOPE OF COVERAGE FOR SOFTWARE PRODUCTS Services described in this Section apply to Software Products only. Services for Third Party Software are set forth in Section 10. Hexagon offers two levels of Services for Software Products included in the Covered Products: Standard Support and Premium Support. Under both levels of Services, Hexagon shall provide reasonable commercial efforts to aid in the diagnosis and correction of defects in and provide general advice as to the use of the Software Products included in the Covered Products. The level of Services will be set forth on the Quote and will include the following: 5.1. Standard Support: Standard Support will include and be limited to the following: 5.1.1. Help Desk Support. Out-of-the-box functionality support via the Help Desk (telephone or eService via Hexagon's Customer Support Web Site where available at https://support.hexagonsafetyinfrastructure.com). Phone support for all priority levels of software errors is available on Monday through Friday from 8AM — 5PM at Customer's local time, excluding Hexagon -observed holidays. Local variances in support hours will be posted on the Customer Support Web Site or applicable local support website, or can be determined by contacting Customer's local Hexagon office. 5.1.2. Updates. Access to all available Updates of Software Products included in the Covered Products. Hexagon will notify Customer when Updates are made available for any Software Products for which Service has been purchased, by way of posting notices of such to the "Support Notices and Announcements" section on the Customer Support Web Site or applicable local support website or via direct notification by Hexagon. If applicable, Customer may also register on the Customer Support Web Site or applicable local support website to automatically receive email notifications when a new release of a Software Product is made available by Hexagon. Updates are shipped to Customer upon Customer request. Hexagon is not obligated to produce any Updates. 5.1.3. Knowledge Base. Twenty-four-hour-per-day/seven-day-per-week access to problem Knowledge Base, an on-line self-help tool. 5.2. Premium Support: Premium Support will include all of the features available under Standard Support. Additionally, when the software error is considered to be critical (meaning production is down), then phone support is also available after-hours and on Hexagon -observed holidays. Hexagon may not provide both levels of support for all Software Products in all countries. Customer may choose any level of Services offered, however all Software Products included in the Covered Products under the Agreement must have the same level of Services when available. Page 3 of 14 Services are only available for the current version and the one version prior to the current version of a particular Software Product. Services are limited to the specific Software Products listed on the Quote and functioning on the appropriate Hexagon -supported operating system. 6. MINIMUM SYSTEM REQUIREMENTS; CUSTOMER'S OBLIGATIONS Performance of Services by Hexagon is specifically conditioned upon the following minimum system requirements and fulfillment by Customer of the following obligations (collectively, minimum system requirements and customer obligations hereinafter referred to as "Customer Obligations"): 6.1. Customer's hardware and operating system software must meet the minimum system requirements specified by Hexagon and made available to Customer upon request. 6.2. Customer's system must have input and output devices that enable the use of Hexagon's diagnostic programs and supplemental tests. The specifications of such devices shall be made available to Customer by Hexagon upon request. 6.3. Customer will be responsible for any required adjustments or updates to its hardware and/or operating system software required to accommodate Updates of Covered Products. 6.4. Customer will ensure availability of its own system technical support personnel so that Hexagon can fulfill its Service obligations. 6.5. When reporting problems to Hexagon's Help Desk, Customer will provide a complete problem description, along with all necessary documents and information that is available to Customer and required by Hexagon to diagnose and resolve the problem. Customer will grant all necessary access to all required systems as well as to the Covered Products, and any other reasonable assistance needed. 6.6. Customer will carry out any reasonable instructions on troubleshooting or circumvention of the problem provided by Hexagon through the Authorized Contact (as defined below in Section 8.1) immediately and in conformity with these instructions, and will install any necessary patches, defect corrections or new versions from Hexagon. 6.7. Customer is solely responsible for assuring the compatibility of non -Hexagon products with products provided by Hexagon. 6.8. Customer is solely responsible for ensuring its systems, software, and data are adequately backed up. Hexagon will not be liable for lost data. In addition, Customer shall provide for any other requirements reasonably specified by Hexagon and related to the rendition of the Services to be met. If Customer fails to fulfill its Customer Obligations, Hexagon is entitled to bill Hexagon's time and effort made necessary by Customer's failure at Hexagon's currently stated hourly rates. 7. EXCLUDED SOFTWARE SERVICES Services for the following are outside the scope of this Agreement and may be available under separate agreement at an additional charge (collectively "Excluded Services"): 7.1. Installation of any Covered Product, Update, or interface software 7.2. Network configuration 7.3. Configuration or customization of Covered Products to customer requirements. 7.4. System -level tuning and optimization and system administration support 7.5. Programming or software development 7.6. Training 7.7. Services required because the Authorized Contact is not available or is not trained in accordance with Section 8 Page 4 of 14 7.8. On-site Services 7.9. Services outside of the regular business hours associated with the applicable level of Services 7.10. Services required due to modifications of Covered Products by Customer. In the case of Hexagon software modules which assist in the creation and use of Customer software, the performance of Services under the Agreement is restricted to unmodified components of these Covered Products 7.11. Services required due to use other than in the ordinary manner intended for the Covered Products, or use in a manner that contravenes terms hereunder, or Customer's disregard of the installation and operating instructions according to the documentation provided with the Covered Products 7.12. Services required due to failure of software or hardware not supplied by Hexagon and not covered in the Agreement 7.13. Services required due to Customer's use of hardware or software that does not meet Hexagon specifications or failure of Customer to maintain or perform industry standard maintenance on Customer's hardware or software 7.14. Services required due to software or portions thereof that were incorrectly installed or configured, or use in an environment inconsistent with the support environment specified by Hexagon, or used with peripherals, operational equipment or accessories not conforming to Hexagon's specifications 7.15. Services required due to cases of force majeure, especially lightning strikes, fire or flood or other events not caused through Hexagon's fault. 7.16. Services required due to customer's failure to fulfill the Customer Obligations set forth in Section 6 7.17. Services required due to faulty or incomplete Customer data. When ordered by Customer, Excluded Services or other software maintenance support services that are outside the scope of this Agreement will be billed by Hexagon according to the stated hourly rates and material prices in effect at the time such service is performed. 8. SYSTEM SUPPORT TECHNICIAN 8.1. Customer will appoint a minimum of two and a maximum of three contact people who are each authorized to make use of the Services ("Authorized Contacts"). 8.2. Customer must make sure that the Authorized Contacts have adequate expertise and experience to make possible a targeted and professionally accurate description of malfunctions and make it possible for Hexagon to handle them efficiently. Authorized Contacts must have successfully completed Hexagon product training or complete it at the next available scheduled opportunity, for those products for which formal training is available. Customer will bear the cost of this training. Customer is obligated to select only those personnel for this task who are suitable for it by means of training and function, and who have knowledge of Customer's operating system, network, and hardware and software systems. Customer agrees to promptly notify Hexagon of any replacement of an Authorized Contact. 9. REMOTE ACCESS Customer will permit Hexagon to electronically access Customer's system via SecureLinkTM SecureLinkTM is a tool for providing secure, auditable remote access to Customer's system in order for Hexagon support personnel ("Customer Support") to effectively troubleshoot critical or complex problems and to expedite resolution of such issues. The Authorized Contacts should be available to assist Hexagon Customer Support as needed during this entire process. Customer Support will only access Customer's system with the knowledge and consent of Customer. For local variances specific Page 5 of 14 to the use of remote access tools other than SecureLinkTm, Customer should contact the local Hexagon support office. 10. THIRD PARTY SOFTWARE Support and Updates of Third Party Software shall be provided in the fashion and to the extent or duration that Hexagon is authorized to provide such by the third party manufacturer of the Third Party Software, and such Third Party Software Services may be subject to additional terms and conditions of the third party manufacturer of the Third Party Software. Services and Updates for any Third Party Software that are not listed on the Quote must be obtained from the third party owner of the products or their designated representative. 11. REQUIRED COVERAGE 11.1. Multiple or Interdependent Licenses. Customer may not decline maintenance for individual licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, except in accordance with the relinquishment process described in Section 12.2. 11.2. Prerequisite Licenses. All prerequisite Hexagon software licenses that are necessary to operate the Covered Products for which Customer desires Services under the Agreement must also be included as Covered Products and listed on the Quote. 12. ADDITIONS AND REMOVALS OF COVERED PRODUCTS 12.1. Additions of Covered Products to Maintenance. 12.1.1. Additional Software Products from Hexagon. In the event Customer purchases additional licenses of Software Products from Hexagon during the term of this Agreement, Hexagon will provide Customer with a written extension Quote that reflects the additional licenses, the effective date of Service, and charges for the additional licenses, pursuant to the Agreement. 12.1.2. Additional Software Products from a third party. In the event Customer obtains additional licenses of Software Products from an authorized reseller or by any other means, Customer agrees to promptly notify Hexagon in writing about the newly acquired Software Products, and upon receipt of such notice, Hexagon will provide Customer with a written extension Quote that reflects the additional licenses, the effective date on which Hexagon may commence the Services with respect to the copies of the Software Product pertaining to the additional licenses, and the charges that would be due in return for these Services pursuant to the Agreement. 12.1.3. Section 2 shall apply mutatis mutandis to the formation of the Agreement based on the extension Quote submitted to Customer under Section 12.1.1 or Section 12.1.2 as well as the maintenance service contract terms and conditions referenced therein or made available to Customer together with the extension Quote. If the Agreement is not entered into based on the extension Quote as well as the maintenance service contract terms and conditions referenced therein, then the terms and conditions in Section 4 regarding reinstatement of Services will apply to the additional licenses of Software Products. If, however, the additional Software Products are multiple, interdependent, or prerequisite licenses as described in Section 11 above, Services may not be declined, and Services and the appropriate monthly charges will begin on the effective date as shown on the extension Quote. 12.1.4. Additional Software Products via Software Transfer Policy. Customer shall purchase Services on all additional licenses of Software Products for a site obtained via software license transfer. Any such software license transfers shall be in accordance with the Page 6 of 14 then -current Hexagon Software Transfer Policy and the EULA or other applicable Software License Agreement delivered with the Software Product. 12.2. Removal of Covered Products from Maintenance. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Covered Products from the Agreement for the renewal period. Neither party may remove Covered Products except upon Agreement renewal. Customer may not remove from the Agreement individual software licenses of a Covered Product for which Customer has multiple copies under Service at one site or for Covered Products that are being used interdependently at a single site, unless Customer has first certified to Hexagon on a "Software Relinquishment Agreement" that the copies of the Covered Product for which Customer desires to cease Services (the "Relinquished Licenses") for the renewal Coverage Period have been uninstalled and removed from its system(s). Should Customer desire to reinstate Services for the Relinquished Licenses at a later date, Customer must re -purchase the licenses at the then current list price. 13. PAYMENT 13.1. Terms of Payment. Charges for Services are due and payable annually and in advance. For Customers desiring to pay quarterly and in advance instead of annually and in advance, Customer must request a revised Quote which shall include a convenience fee increase of fifteen percent (15%) of the total annual charges, which convenience fee Customer agrees to pay. The convenience fee shall be prorated and charged to the four quarterly invoices. All charges are due net thirty (30) calendar days from the date of invoice or prior to the beginning of the applicable Coverage Period, whichever is earlier. Charges for Covered Products added during a Coverage Period shall be prorated to the remaining months of the Coverage Period, in whole month increments only, and such charges shall be due and payable in full upon receipt of invoice. 13.2 Past Due Accounts. HEXAGON RESERVES THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER WHOSE ACCOUNT IS PAST DUE. At the discretion of Hexagon, Customers who have not paid any charges when due (i) under this Agreement, (ii) under any other agreement between the parties, or (Hi) under any agreement between Hexagon and Customer's parent and/or subsidiary at least fifty percent (50%) owned by Customer, may not be rendered Services until all past due charges are paid in full. Additionally, Hexagon shall charge and Customer agrees to pay interest at the rate of two percent (2%) per month or the maximum amount allowed by law, whichever is less, for all amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment of any charges. If Hexagon is required to use a collection agency or attorney to collect money owed by Customer, Customer agrees to pay the reasonable costs of collection. These collection costs include, but are not limited to, any collection agency's fees, reasonable attorneys' fees and court costs. 13.3 Customer's Responsibilities Concerning Invoice Questions. Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact Hexagon within ten (10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge or Services that Customer does not report within such period. Page 7 of 14 14. CUSTOMER WARRANTIES During the Coverage Period, Customer shall commit to the following: 14.1. Subject to Section 12.2, Customer warrants that for all Covered Products supported under the Agreement, all licenses of a Covered Product for which Customer has multiple copies in its possession and that are located at the site referenced on the Quote, and all prerequisite licenses necessary to operate Covered Products, are listed on the Quote. If all like Covered Products or prerequisite software licenses are not listed on the Quote, Customer agrees to notify Hexagon so that Hexagon may issue a revised Quote to Customer. 14.2. Customer warrants that Services provided herein shall be utilized only for the quantity of Covered Products licenses listed on the Quote. 14.3. Customer shall, and Customer shall cause each of Customer's employees and representatives to, comply with each and every term and condition of the EULA and/or SLA applicable to the Covered Products supported under the Agreement. 15. INTELLECTUAL PROPERTY 15.1. Software License. Any Upgrades furnished hereunder shall remain the property of Hexagon, Hexagon's Affiliate or applicable third party, and are licensed in accordance with the then current Hexagon EULA, EULA of Hexagon's Affiliate or third party SLA, which shall supersede any EULA or SLA associated with prior releases of the Software Products or Third Party Software. Upon Customer's request, Hexagon shall provide customer with such EULA or SLA. Upon Hexagon's request, Customer agrees to execute a EULA or SLA, as applicable, for Covered Products provided without an included EULA or SLA. 15.2. Confidential Information. Hexagon and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement "Confidential Information" shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. Confidential Information also shall include, whether or not designated "Confidential Information" (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Hexagon or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers. Each party's Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Hexagon shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature. The parties shall take reasonable steps to ensure that their respective employees comply with these confidentiality provisions. This Section shall not apply to any particular information which either party can demonstrate (i) was, at the time of disclosure to it, generally publicly available; (ii) after disclosure to it, is published or otherwise becomes generally publicly available through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it without restriction on disclosure; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such Page 8 of 14 information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the disclosing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body produced by court order or subpoena,or in compliance with the Texas Public Information Act provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information. 16. LIMITED WARRANTIES; WARRANTY DISCLAIMERS 16.1. Limited Warranties. 16.1.1. Hexagon Services Warranty. Hexagon warrants for a period of thirty (30) days from the date of Services that the Services provided pursuant to this Agreement, in the form of a defect correction and/or maintenance services, will be performed with reasonable skill and care in accordance with the requirements set forth herein, provided the Covered Products for which the Services are provided are used under normal conditions and in strict accordance with the terms and conditions herein. Customer agrees to promptly notify Hexagon of any unauthorized use, repair, or modification, or misuse, as well as suspected defects in any Services provided pursuant to this Agreement. 16.1.2. Hexagon Software Warranty. Hexagon warrants for a period of thirty (30) days from the date of shipment of any Software Product that, under normal use, software delivery media shall be free from defect in material or workmanship. Additional warranties for Software Products may be provided in the applicable Hexagon Terms and Conditions for Sale or other agreement between the parties governing the delivery of Software Products. 16.1.3. Pass -Through Third Party Warranties. Third Party Software is only warranted pursuant to a pass-through warranty to Customer from the applicable Third Party Software manufacturer and only to the extent warranted by the applicable Third Party Software manufacturer. 16.1.4. NO OTHER WARRANTIES. THE ABOVE LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND REPRESENT THE FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF HEXAGON. THE LIMITED WARRANTIES PROVIDE CUSTOMER WITH SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY JURISDICTION TO JURISDICTION. IF A GREATER WARRANTY IS MANDATED PURSUANT TO THE LAW HELD APPLICABLE TO THIS AGREEMENT, THEN HEXAGON WARRANTS THE SERVICES OR COVERED PRODUCTS TO THE MINIMUM EXTENT REQUIRED BY SAID LAW. 16.2. Remedies. In the event a warranted Service, Covered Product, or Update provided pursuant to this Agreement does not substantially comply with the limited warranties set forth in the Agreement, Hexagon's entire liability and Customer's exclusive remedy shall be, in Hexagon's sole and absolute discretion, either (i) providing of a Service, Covered Product, or Update which conforms substantially with the warranty; or (ii) a refund of the purchase price of the particular warranted Service, Covered Product, or Update for the period of time that the warranted Service, Covered Product, or Update did not substantially conform to the limited warranties set forth in this Agreement. Page 9 of 14 Hexagon is acting on behalf of its suppliers for the sole purpose of disclaiming, excluding and/or limiting obligations and liability as provided in this Agreement, but in no other respects and for no other purpose. 16.3. WARRANTY DISCLAIMERS. ANY WARRANTIES HEREUNDER ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION, USE OF WARRANTED ITEM UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. CUSTOMER SHALL PROMPTLY NOTIFY HEXAGON OF ANY SUSPECTED DEFECTS IN COVERED PRODUCTS DELIVERY MEDIA. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXAGON AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. HEXAGON DOES NOT WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES PROVIDED PURSUANT TO THIS AGREEMENT WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT ANY SERVICES, COVERED PRODUCTS, AND UPDATES WILL OPERATE UNINTERRUPTED OR ERROR FREE. IF ANY PART OF THIS DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES IS RULED INVALID, THEN HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. HEXAGON MAY SHARE INFORMATION FROM TIME TO TIME RELATED TO ITS EXPECTED DIRECTION, ROADMAP, OR VISION FOR ITS PRODUCTS AND SERVICES, ALL OF WHICH IS SUBJECT TO CHANGE AT ANY TIME IN HEXAGON'S SOLE DISCRETION. CUSTOMER SHOULD NOT RELY UPON STATEMENTS, PRESENTATIONS, OR INFORMATION REGARDING FUTURE FEATURES, FUNCTIONS, OR PRODUCTS FOR ANY PURPOSE IN ABSENCE OF HEXAGON'S FORMAL AND EXPRESS CONTRACTUAL COMMITMENT TO DELIVER THE SAME. 17. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEXAGON OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PRODUCTION, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, CLAIMS OF THIRD PARTIES OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT, EVEN IF HEXAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEXAGON'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER TO HEXAGON DURING THE PAST TWELVE MONTHS UNDER THIS AGREEMENT AS OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURS. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS FOLLOWING THE INITIAL EVENT GIVING RISE TO THE CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS SECTION IS HELD INVALID, THEN HEXAGON LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. Page 10 of 14 18. TERMINATION This Agreement may only be terminated prior to its expiration in the following ways: 18.1. Either party petitions for reorganization under the Bankruptcy Act or is adjudicated as bankrupt, or a receiver is appointed for the other party's business. 18.2. Customer fails to pay Hexagon any amount when due (1) under this Agreement; or (ii) under any other agreement between the parties. 18.3. Customer's license to the Covered Products for which Customer has purchased Services is terminated. 19. RESTRICTIONS 19.1. Non -Solicitation of Employees. Customer agrees and shall endeavor not to, without the prior written consent of Hexagon, solicit or hire any Hexagon employee, or induce such employee to leave Hexagon's employment, directly or indirectly, during the term of this Agreement and for a period of twelve (12) months after the Agreement expires or is terminated. . Hexagon shall be entitled to equitable or injunctive relief to prevent breaches. For purposes of this Section, the term "employee" means employees of Hexagon and/or any Hexagon subsidiary and/or any of Hexagon's subcontractors who directly support Customer. 19.2. United States Government Restricted Rights. If a Covered Product (including any Updates, documentation or technical data related to such Covered Products) is licensed, purchased, subscribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government, then this Section also applies. 19.2.1. For civilian agencies: The Covered Product was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with the Federal Acquisition Regulations ("FAR") 52.227-19 (a) through (d) (Commercial Computer Software — Restricted Rights). 19.2.2. For units of the Department of Defense ("DoD"); The Covered Product was developed at private expense and is "commercial computer software" submitted with restricted rights in accordance with the Defense Federal Acquisition Regulations ("DFARS") DFARS 227.7202-3 (Rights in commercial computer software or commercial computer software documentation). 19.2.3. Notice: The Covered Product is "commercial computer software" as defined in DFARS 252.227-7014 (Rights in Noncommercial Computer Software) and FAR 12.212 (Computer Software), which includes "technical data" as defined in DFARS 252.227- 7015 (Technical Data) and FAR 12.211 (Technical Data). All use, modification, reproduction, release, performance, display or disclosure of this "commercial computer software" shall be in strict accordance with the manufacturer's standard commercial license, which is attached to and incorporated into the governing Government contract. Hexagon and any applicable Third Party Software manufacturers are the manufacturers. This Covered Product is unpublished and all rights are reserved under the Copyright Laws of the United States. Page 11 of 14 19.3. Export Restrictions. All Software Products and all Third Party Software (including any Updates, documentation or technical data related to such software products) licensed, purchased, subscribed to or obtained, directly or indirectly, from Hexagon, its subsidiaries or distributors (collectively, "Export Controlled Products") are subject to the export control laws and regulations of the United States. Diversion contrary to United States law is prohibited. The Export Controlled Products, and the direct product thereof, shall not be exported or re- exported, directly or indirectly (including via remote access), under the following circumstances: 19.3.1. To Cuba, Iran, North Korea, Sudan, or Syria, or any national of these countries. 19.3.2. To any person or entity listed on any United States government denial list, including but not limited to, the United States Department of Commerce Denied Persons, Entities, and Unverified Lists (www.bis.doc.gov/complianceandenforcement/liststocheck.htm), the U.S. Department of Treasury Specially Designated Nationals List (www.treas.aov/offices/enforcement/ofac/), and the U.S. Department of State Debarred List (htto://www.omddtc.state.gov/compliance/debar.html). 19.3.3. To any entity if Customer knows, or has reason to know, the end use of the Export Controlled Product is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses. 19.3.4. To any entity if Customer knows, or has reason to know, that an illegal reshipment will take place. Any questions regarding export or re-export of an Export Controlled Product should be addressed to Hexagon's Export Compliance Department, 305 Intergraph Way, Madison, Alabama, United States 35758 or at exoortcomoliance(a.interaraph.com. 20. TAXES All charges under this Agreement are exclusive of each and every country's federal, provincial, state, municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs, custom duties and importing fees ("Taxes"). Customer shall be liable for, and hold Hexagon harmless from and against, any and all Taxes. Taxes shall expressly exclude any federal, state, municipal, or other governmental income taxes, franchise taxes, business license fees and other like taxes measured by Hexagon's income, capital and/or assets. The total invoice amount for charges under this Agreement is subject to increase by the amount of any Taxes which Hexagon is required to withhold, collect, or pay regarding the transactions under this Agreement so that Hexagon receives the full amount of the charges on Hexagon's invoices. Any certificate to exempt the Agreement from tax liability or other documentary evidence of statutory exemption shall be obtained by Customer at Customer's expense. 21. GENERAL 21.1. Third Party Providers. Hexagon reserves the right to provide Services through a third party provider. 21.2. Entire Agreement. The Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. The Agreement supersedes any and all prior discussions and/or representations, whether written or oral, relating to the subject matter of the Agreement and no reference to prior dealings may be used to in any way modify the expressed understandings of the Agreement. Hexagon does not accept any contradictory or additional terms and conditions, even by accepting a purchase order referencing different terms and conditions. The Agreement may be amended only by a written instrument signed by authorized representatives of both parties, and cannot be amended by subsequent purchase order or writing received from Customer without the express Page 12 of 14 written consent of Hexagon. Any reproduction of the Agreement made by reliable means (for example, photocopy or facsimile) will be deemed an original. 21.3. Order of Precedence. In the event of a conflict between the documents that form the Agreement, the order of precedence will be as follows: (i) any addenda executed by Hexagon and Customer, with the latest addendum taking precedence over any earlier addenda; (H) the Quote; and (iii) these Terms and Conditions. 21.4. Severability. Whenever possible, each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of the Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. 21.5. Headings. The various headings in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any section or provision of these Terms and Conditions. 21.6. No Waiver. Any failure by either party to enforce performance of the Agreement shall not constitute a waiver of, or affect said party's right to avail itself of, such remedies as it may have for any subsequent breach of the terms of the Agreement. 21.7 Notices. Any notice or other communication ("Notice") required or permitted under the Agreement shall be in writing and either delivered personally or sent by overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested. A Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty-eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given. Hexagon's address for Notices is Hexagon Safety & Infrastructure, 305 Intergraph Way, Madison, Alabama 35758, Attn: Legal Department, 256-730-2333. 21.8 Assignment. Neither party shall have the right to assign any of its rights nor delegate any of its obligations under this Agreement without the prior written consent of the other party, except that Hexagon may assign its rights and obligations under this Agreement, without Customer's approval, to (i) an entity which acquires all or substantially all of the assets of Hexagon or the Hexagon division providing a product or service under this Agreement; (ii) an entity which acquires all or substantially all of the Software Products or product line assets subject to this Agreement; or (iii) any subsidiary, affiliate or successor in a merger or acquisition of Hexagon. Any attempt by Customer to sublicense, assign or transfer any of Customer's tights or obligations under this Agreement, except as expressly provided in this Agreement, is void. 21.9 Force Majeure. Except for payment obligations under the Agreement, neither party shall be liable for any failure to perform or observe any of its obligations under this Agreement for as long as and to the extent that such performance is prevented or hindered by any circumstances beyond its reasonable control. By way of example, and not limitation, such causes may include acts of God or public enemies; labor disputes; acts of local, state, or national governments or public agencies; utility or communications failure; fire; flood; epidemics; riots; or strikes. The time for performance of any right or obligation delayed by such events will be postponed for a period equal to the delay. If, however, a party is subject to a force majeure that endures for more than sixty (60) calendar days, the other party has a right to terminate the Agreement upon providing thirty (30) calendar days prior written notice to the party subject to the force majeure. 21.10 Governing Law. This Agreement shall for all purposes be construed and enforced under and in accordance with the laws of the State of Alabama and shall be deemed to have been accepted in Madison, Alabama, United States. The parties agree that any legal Page 13 of 14 action or proceeding relating to this Agreement shall be instituted in the Circuit Court for Madison County, Alabama, or the United States District Court for the Northern District of Alabama, Northeastern Division. The parties agree to submit to the jurisdiction of and agree that venue is proper in these courts in any such legal action or proceedings. This Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 21.11 Waiver of Jury Trial. Hexagon and Customer each hereby waive, to the fullest extent permitted by applicable law, any right either may have to a trial by jury for any legal proceeding arising, directly or indirectly, out of or relating to this Agreement. 21.12 Injunctive Relief; Cumulative Remedies. Customer acknowledges and agrees that a breach of the Agreement by Customer could cause irreparable harm to Hexagon for which monetary damages may be difficult to ascertain or may be an inadequate remedy. Customer agrees that Hexagon will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief for any breach of the Agreement by Customer, and Customer expressly waives any objection that Hexagon has or may have an adequate remedy at law with respect to any such breach. The rights and remedies set forth in this Agreement are cumulative and concurrent and may be pursued separately, successively or together. 21.13 Attorneys' Fees and Costs. In the event of any legal proceeding arising out of or relating to this Agreement, the prevailing party in such action shall be entitled to an award of its reasonable attorneys' fees and costs for all such legal proceedings, including for trial and all levels of appeal. 21.14 Governing Language. The controlling language of this Agreement is English. If Customer has received a translation into another language, it has been provided for Customer's convenience only. 21.15 Survival. The provisions of the Agreement which require or contemplate performance after the expiration or termination of the Agreement shall be enforceable notwithstanding said expiration or termination. Approved by: Intergraph Corporation d/b/a Hexagon Safety & Infrastructure ct,7)--/Wie4 /0 If 9 Debra T. Huser, Finance Director Date Corpus Christi TX, City of Signature Date By: Print Name SGI-10012015 Page 14 of 14 AGENDA MEMORANDUM Action Item for the City Council Meeting November 19, 2019 DATE: TO: October 31, 2019 Peter Zanoni, City Manager FROM: Peter Collins PeterCcctexas.com 361.826.3735 Interlocal agreement with Bexar Metro 9-1-1 Network for business continuity CAPTION: Resolution authorizing an interlocal agreement with Bexar Metro 9-1-1 Network for business continuity, with a five-year term and five one-year renewal options, at an annual cost of $28,800.00. SUMMARY: This resolution authorizes an interlocal agreement with Bexar Metro to enable the City of Corpus Christi to provide business continuity for city services. BACKGROUND AND FINDINGS: With the implementation of this agreement, Information Technology will be able to provide service for critical applications to city departments and public safety to help serve citizens. ALTERNATIVES: None FISCAL IMPACT: Funds for the first year in the amount of $28,800 are budgeted in the FY 2019 - 2020 Information Technology operating budget. Future years will be budgeted through the budgeting process not to exceed the total amount of $288,000.00. Funding Detail: Fund: 5210 Organization/Activity: 40430 Mission Element: 241 Project # (CIP Only): N/A Account: 530160 RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing an interlocal agreement with Bexar Metro 9-1-1 Network for business continuity, with a five-year term and five one-year renewal options, at an annual cost of $28,800.00. WHEREAS, the City of Corpus Christi ("City") has a need for business continuity; WHEREAS, Bexar Metro 9-1-1 Network ("Bexar Metro"), a Texas emergency communication district created as a political subdivision of the State of Texas via confirmation election pursuant to Chapter 772, Texas Health and Safety Code, can satisfy the City's governmental need; and WHEREAS, the City and Bexar Metro are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation agreement to accomplish the stated purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: An interlocal cooperation agreement ("Agreement") between the City and Bexar Metro 9-1-1 Network is authorized for business continuity purposes, with a five-year term and five one-year renewal options, at an annual cost to the City of $28,800.00; and the City Manager, or his designee, is authorized to execute the Agreement. PASSED AND APPROVED on the day of , 2019: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM Action Item for the City Council November 19, 2019 DATE: October 11, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services AlRaymond@cctexas.com 361-826-3276 Outside city limits water contract for 2459 County Road 51 CAPTION: Resolution authorizing outside city limits water contract pursuant to Corpus Christi Code 55-113 with property owner to provide water service to the property described as Laureles Farm Tracts 4 and 5 located at 2459 County Road 51. SUMMARY: Outside city limits (OCL) water contracts require City Council approval before such services can become effective. Mr. Tony Saenz, the owner of the new home located at 2459 County Road 51, is requesting to enter into an OCL water contract to provide water for his new residence. BACKGROUND AND FINDINGS: Mr. Saenz had a home built outside city limits, at 2459 County Road 51 and is requesting city water service via an OCL water contract. When the home was being built, an OCL water contract was not requested because there was a water well on the property that was going to be used to provide water service to the home. After the home construction was finished, a well test was conducted, and it was determined that the well would not provide potable water. Mr. Saenz has a temporary water source via a re-fillable 210 -gallon water tank on the property. He is requesting an OCL water contract with the City in order to provide a stable and sustainable water source for his home and family. When the home was being constructed there was an existing 2 -inch water line that fronted the property. The 2 -inch line on CR -51 is connected to an 8 -inch water line fronting FM -43. The 2 - inch line meets distribution standards for the existing homes receiving city water on CR -51. Due to the water line not being a looped line, Utilities department stated the water line will only be able to provide water service to one more home without affecting water distribution standards. In order to obtain city water service, Mr. Saenz has submitted a plat that was approved by Planning Commission and has been recorded per the requirements outline in Section 55-110 of the City Code of Ordinances. In order to obtain public water, Mr. Saenz must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit building plans which comply with all City codes and obtain all City permits as if the property were within the city limits for all future improvements on the residence; and c. Allow inspection of all such building construction. A City water meter will not be issued until an OCL water contract has been approved by City Council and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, future improvements may only occur if they comply with city regulations, including building permit and inspection requirements. ALTERNATIVES: An alternative would be to deny the request because the property is outside city limits and was constructed without building permits and the required inspections as outlined in Section 55-111 of the City Code of Ordinances. This action would require the applicant install a treatment system to make the water well on the property potable. The cost to install a water purification system was what made the applicant request an OCL water contract. FISCAL IMPACT: In order to receive OCL water service the applicant had to plat the property in accordance with the UDC and was required to pay a water lot/acreage fee, community enrichment fee, and a park development fee that totaled $4,570.00. The following fees will be calculated when Development Services receives a tap application form prior to water service to the applicant's house begins. The fees include a water tap fee, water pro -rata fee, and a water surcharge fee. Additionally, the city will collect fees associated with residential water service as well as building permit and inspection fees associated with future additions to the home or other structures built on the property. RECOMMENDATION: Staff recommends City Council authorize an outside city limits water contract with owner of the property located at 2459 CR -51. LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract (with Exhibits) Presentation Resolution authorizing outside city limits water contract pursuant to Corpus Christi Code 55-113 with property owner to provide water service to the property described as Laureles Farm Tracts 4 and 5 located at 2459 County Road 51 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contract with the property owner of 2459 County Road 51, Laureles Farm Tracts 4 and 5 to provide city water to their respective property located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. PASSED AND APPROVED on the day of Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith , 2019: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 1 STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY QF NUECES Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; and Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten -acre feet of water during the entire contract term . THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Tony Saenz (Owner), whose address 2459 County Road 51 Corpus Christi, Tx 78415, Navy Army Community Credit Union (Lienholder) whose address is 2814 Rodd Field Road Corpus Christi, Tx 78414 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: 1. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: 5.000 acre tract being out of Tracts 4 and 5, Laureles Farm Tracts, also commonly known by its street address as 2459 Country Road 51 Corpus Christi, TX 78415 II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. Page 1 of 3 IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. V, IT 1S AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this iv day of OI_4 iae.A_- , 2019. STATE OF TEXAS COUNTY OF NUECES § ADELINA DIAZ My Notary ID # 129107868 Expires September 27, 2020 This instrument was acknowledged before me on this the I') day of DCA [9.M-- 2019, 2019, by Tony Saenz, Owner Notary Public, State of Texa-..J LIENHOLDER: Navy Army Community Credit Union Roman Escobar, Chief Lending Officer STATE OF TEXAS COUNTY OF NUECES 1 ADELINA DIAZ My Notary ID #129107868 Expires September 27, 2020 • This instrument was acknowledged before me on this the 10 day of V 2019, by Roman, Escobar, Chief Lending Officer of Navy Army Community Credit Union Notary Public, State of Texa Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2019, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2019, by Albert Raymond, Director of Development Services Department, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of 2019. Buck Brice Assistant City Attorney for the City Attorney Page 3 of 4 .NATASHIA LAURELES FARM TRACTS 4 ACRES OUT OF THE NORTH 2/3 OF SEC 1 & WALLEY SID LT 1 L M 43 c) C.) a ci V Ccs n r r —•�[GR 22y 0 500 1,000 2.000 Feet Exhibit "A" Water Contract Location Map Page 4 of 4 Subject Property City Limits Aar. Creoled: 51112915 Prepared Sy: JeretnyM Daporinenr of Developmen! Services Projected Coordinate Sys tem:NAD_1957Sfele Wane_7/xas_SotlN_FIPS_420b Fee! P q ctlo r LemLerf Conformal_Conic file:k 1Deve7npmerOSec51SHARE04G!S ProJecls1Cesesl20 l9 WWII C9nfracfa12469 CR 51 .. 6 LAURELES FARM TRACTS 5 ACS OUT N213SEC 1& MALLEI SID LT 1 2459 County Road 51 Outside City Limits Water Contract for 2459 County Road 51 City Council Presentation November 19, 2019 Vicinity Map { r1.ii.11.11.I1! i •11.11' ..�u.�II. l .u.u.11.11% 2459 CR 51 t N Aerial Map Existing 2 -inch distribution line (blue) 2 Existing 8 -inch distribution line (blue) 2459 CR 51 London Club Estates 16C Existing 16 -inch distribution line (blue) Lfl cc Existing 2 -inch distribution line (blue) Staff Recommendation Approval AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 DATE: TO: October 28, 2019 Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 Voluntary Annexation of 281.03 acres for King's Lake Phase 2 in the London Area CAPTION: Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm -to -Market 43 and County Road 43. SUMMARY: Upon request by the landowner, John C. Tamez, this ordinance annexes 281.03 acres of land that will be developed as "King's Lake Phase 2" in the area west of the Oso Creek and southeast of the intersection of TxDOT's Farm -to -Market (FM) 43 and County Road (CR) 43. Staff recommends approval of the annexation and municipal service plan agreement. BACKGROUND AND FINDINGS: Description of the Request The subject property is 281.03 acres of land located south of FM 43, east of CR 43, north of CR 20A, and on the west side of the Oso Creek across from King's Lake Phase 1, which is located on Yorktown Boulevard. The landowner is John C. Tamez and his application states the purpose of the request is to build wastewater to land continuous to the City of Corpus Christi for the purposes of mixed-use development. The developer expects to create 1,000 single-family Tots on the subject property. The dwellings are expected to be priced as follows: 250 units at $225,000, 250 units at $275,000, 250 units at $325,000, and 250 units at $425,000, with an average sale price of $312,500 per unit. The developer anticipates full buildout to occur within seven years. The current use of the land is farming with no residents. As required by State law, the subject property is contiguous to the current City limit line. City Services to Subject Property The landowner has agreed to a Municipal Service Plan agreement with the City and the City Manager is authorized by City Charter to execute this agreement. The subject property can be served by an existing 48 -inch transmission main in CR 43. Wastewater is currently not available to the subject property, but the developer will pursue an amendment to the City's Wastewater Master Plan so that he can install a line in accordance with the Plan. The subject property does not have adequate vehicular access, but the developer will construct CR 43 (or ensure it is constructed) to provide access to FM 43 and other City master planned streets within the subject property. The developer will construct drainage improvements in accordance with engineering best practices since no City Stormwater Master Plan is adopted for this area. In its initial phases, the proposed development does not reach a threshold at which additional City Police substations, Fire stations, or City Library, Health, Animal Control, or Parks and Recreation services are needed. Analysis of the Request In order to make a recommendation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and any need to expand City facilities. No City -funded expansions are necessary during the initial phases of the project. Then, staff conducted a fiscal impact analysis using assumptions provided in the application to review the costs of providing City services against the potential revenues generated by the development. Staff estimates that the annual impact to the City's General Fund is net neutral. Staff also reviewed the proposed land uses in relation to nearby Navy Accident Potential Zones since the subject property is south of Cabaniss Airfield. Only a small portion of the subject property is located in an Accident Potential Zone 2, where a maximum density of two dwelling units per acre is considered compatible with the Navy's flight operations. Staff discussed this issue with the landowner, who will need to request a zoning change consistent with the recommended density. Staff also finds other positive benefits to annexing the subject property. Those benefits include gaining the authority to prohibit the development of incompatible land uses through zoning, which protects property values and quality of life; and the authority to ensure development meets City standards in an area already served by City water lines. Future Council Actions In order to develop lots connected to City wastewater lines rather than septic systems, the developer will have to construct wastewater infrastructure in accordance with the City's Wastewater Master Plan and Unified Development Code. The landowner is currently seeking an amendment to the City's Wastewater Master Plan to expand service across the Oso Creek to serve this area and the amendment is pending Planning Commission and Council action. ALTERNATIVES: Since the proposed development's financial impact to the City is net neutral and there are other positive benefits to annexation described previously, no alternatives to the developer's request for annexation were considered. FINANCIAL IMPACT: Constructing 1,000 single-family dwellings at an average sales price of $312,500 per unit results in an annual impact to the City's General Fund of $140,600 at buildout. Details are summarized in the table below. Decreasing the average sales price per dwelling unit to $270,000 results in a negative net annual General Fund impact of ($48,000) at buildout. Projected Increase in General Fund Costs & Revenues' Buildout Projected Increase in Annual General Fund Expenditures ($1,685,300) Projected Increase in Annual Ad Valorem Tax Revenues (M&O)2 $1,208,800 Projected Increase in Annual Sales Tax Revenues (General Fund) $178,600 Projected Increase in Annual Other General Fund Revenues3 $438,500 Projected Net Annual General Fund Impacts $140,600 (1) Rounded to Nearest $100 (2) Excludes ad valorem tax revenues that are designated for residential street reconstruction (3) Examples include but are not limited to various solid waste fees and revenue from emergency calls. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City water lines already exist and to exercise land use controls in this growing area of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Service Plan and Map Landowner's Petition for Annexation Presentation Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm -to -Market 43 and County Road 43. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on November 19th, 2019, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That a 281.03 -acre tract of land, more or less, described by metes and bounds and a survey map in Exhibit A and illustrated in Exhibit B, generally located to the south of FM 43, west of Oso Creek and east of County Road 43 is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. 1 of 3 SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm -Rural District. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. This ordinance is effective upon passage on second reading. 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 of 3 EXHIBIT A - Metes & Bounds Description LEGAL DESCRIPTION THE SURFACE ESTATE ONLY IN AND TO a tract of land described as the South One -Half of Section (6), Laureles Farm Tracts, as shown on the Map thereof recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, and being out of the "El Rincon De Corpus Christi" Ramon De Ynojosa Survey Abstract No. 411, Nueces County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Section 6, for the POINT OF BEGINNING and the southwest corner of this tract, said point being at the intersection of the centerline of two 40 -foot wide dedicated roadways, one along the west boundary of Section 6 and the other along the south boundary of Section 6; it THENCE East along the south boundary of Section 6 and the centerline of said dedicated roadway a distance of 5167.81 feet to a point on the bank of the west margin of Oso Creek, for the southeast corner of this tract; THENCE with the meanders of the bank of the west margin of Oso Creek as follows; N 44 deg. 58' 22" W. 314.03 feet, N 49 deg. 25' 53" W. 112.29 feet, N 64 deg. 47" 50" W. 189.44 feet, N 43 deg. 33' 05" W. 139.01 feet, N 15 deg. 12' 46" W. 253.85 feet, N 01 deg. 42' 21" W. 484.42 feet, N 20 deg. 37' 25" E. 382.79 feet, N 20 deg. 21' 36" E. 391.13 feet, N 01 deg, 04' 51" W. 709.41 feet, to a point for the northeast corner of this tract; THENCE West, at 4749.87 feet past the east right-of-way line of a 40 foot wide dedicated roadway, and in all a distance of 4769.87 feet to a point on the centerline of said roadway and the west boundary of section 6 for the northwest corner of this tract; THENCE South along the west boundary of Section 6 and the centerline of said roadway a distance of 2640.00 feet to the POINT OF BEGINNING forming a tract of land embracing 284.6048 acres, 3.5711 acres of which lie within the right-of-way of dedicated roadways, leaving a net area of 281.0337 acres. LLAND SURVEYING) 0 0 cQ z 0 U 0 J W J U N O 0 z N01°04'51 "W 709.41' W Z x 03 3o z Z W Z .re f- 0 oo z MW(}jOrW co<Zc OQ 0 ZZW0z 0 w <Z oo 0E3 33 TJ Zo z OZ 0 o� (9 N Owl O 4- CAA E-4 O KATHRYN DODSON, DECEASED 0 0 w 0 QLedul 00LJw 0) N �Z00W, W 0 Z(.9=V 0.(=Mgco 0J N 00 W aWZ ~ 0 Z 0 QW U . r EXHIBIT A Alk I. mit 1mjOMNIMOmar aloft alair w� O wo ZO J � Z WOO U0 U sift or `mow.i_....iss N01°42'21 "W 484.42 (C1/4 cit'1/4 <ek `e• c-1/4 0 c?,s(?e'' 0 cP, N3 0 (.3, 7 ?' N3 -(1)- SOUTH 2640.00' 1111 • ,••• ooI 0 r g 1 W N N Dm U 0 0 0 P Z 0 ZZZOQ Of0-N 03 ig 00 o w NV)sPr'c;):/0 QO Wm 01- 0 w 00 w50 000 }}_ F Z F Q N oce«wJLHO_ O U mW Z 030w0 00o A Q N N w O_ D Nw� OW zwog0 SCALE: 1'=200' W 0= w I- 0 Zw> I- D D=am I- 0QQ N 1-1-- Q cc z W O oO1 o Z0 O) QO N D O O= NO=N~Uoe0Z? 0QZQ v) UCCO cc CCI-JWQQJN Z OUW ::: W LU�W Wo J d D H cc 1-0D0 >-Nw W Q O W 0 =Lu i_ O 1- m 0D0 ct w O0i z O 0Q� m w=At E WN- WO b1 cAZ Lu z 0 0 CC �ZW OW NJ Z Z =ON OQ U m L1 ��3 zo N>L Qw N0> WU W CC Upc VJ W 0 z N 0 0 U II _1 0j Q = Z Io W Z O� SO I -U D o� Nw WO I W H u W U) S <I— °- < I— aQ �wN U 0▪ Z o zzp 0 00)00 0 Q W SND O - Z 1-1-0 O H 0 0a a 0 E ct w� E L 0 W Z 0 0 in « o_IQQu_ cn0Q0r < O m W U 0 OO�aNO Q r D ONQa o W U Z m Z S o" D1‘> --'r: OO Q ct U W CSS--O0� THIS IS THE 17th DAY OF OCTOBER 2019. cc AM LAND SURV N www 0 cc cc Q Q o Li) r FO 4 LO O Nim wok o o z REGISTERED PROFESSIONAL LAND City of Corpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area = 281.03 acres 1 inch = 1,000 feet A 0 500 1,000 2,000 Feet MUNICIPAL SERVICE PLAN AGREEMENT FOR THE KING'S LAKE PHASE 2 SUBDIVISION This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"), and John C. Tamez ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 281.0337 acres of land situated in Nueces County, Texas, as specifically described in Exhibit "A" ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department ("CCPD") will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third -party contract. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water 2 service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement 4 acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. Improvements are needed to County Road 43 in order to serve the Subject property (King Lake Subdivision). Only a portion of County Road 43 is located within the annexation area. Responsibility for improvements to County Road 43 outside the annexation area will remain with Landowner or Landowner's developer and Nueces County. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplate by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 5 Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 6 Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER(S) By: By: Peter Zanoni, City Manager Date: APPROVED AS TO FORM: By: Buck Brice Assistant City Attorney for the City Attorney John C. Tamez 8 D a ey' A O z 0'3 N .14 N ms § 1 .. '7' l�C'i'''' °,•/. ‘'t,,, ;mg n>8 N m —z — _— — __ zpg6 R — _ ,00'0492 _ _ H1f105 lS iIg, — _ g m9 mps'g yay '6 o r x a�s 7. �r Nnp——:A�8 1 ��xzx L i J 8 ..7, a--- ( i-] Ki n R ma A‘ N'S F °F ` --,- _ V E ..� CRA°TS• • 15' • • oa orv, opo u „. 4769.87' ` 0R £R � � e o ',A 1c.3` 7 Det' CI. 0 �..— • • *"--.....i...---• : ♦ ♦I I ♦ 58455 N .24484 "a q£ Mvgb ' M„IZ,Zb.ION ♦ M� .g.£ CA �o�� i " yo`. YO D �O, Loo OSO ,Lb'60L M„19,b0.l ON Site' Size (approz:) - 281 acres City of Corpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area = 281.03 acres 1 inch = 1,000 feet i1 0 500 1,000 2,000 Feet EXHIBIT B Voluntary Annexation Application & Checklist Required Material to be submitted to the Planning & ES1 Department for Voluntary Annexation Petition Project Name/Address: [� 1 Y�c�, )j (;�j� Date: f 9 - 9 Contact information form for property owner and representative including, address, office/daytime telephone number, e-mail address, and fax number. EVT/A letter of petition signed by all the owners of the property. A notarized power of attorney is required if any person signs on behalf of another person. The petition must be acknowledged in the manner required for deeds,by each person having an interest in the area and it must identify the property owned by each person signing as a petitioner. �j Ownership Documents: Clean copy of recorded warranty deed or other document(s) conveying ownership of all the property to be annexed. IPthe property is owned by a partnership, corporation, trust, or other entity, documents demonstrating signatory's authority to sign Petition on behalf of entity must be included. Igt A statement citing the specific provision(s) of Chapter 43 of the Local,Government Code through which annexation is requested. 0 An affirmative, unconditional statement affirming that the area meets all the cited statutory pre- requisites, including that the property is contiguous to the current city limits. A statement including the following information: ❑ Reason(s) for request ❑ Current land use of the property O Location of existing buildings and structures ❑ Current number of residential units and residents living on the property O Proximity to existing water, wastewater, storm water, streets, and other public improvements ❑ Description of planned/proposed development and a completion schedule (Le., build -out schedule): O Proposed zoning and density O General Arrangements of existing and proposed land uses ❑ A preliminary drainage plan for the project site ❑ Development phasing including the number of housing units by type and lot size, commercial and/or industrial uses by type and square feet for each, square feet or acreage of parking lots, streets and public ROW, parks, greenways, drainage/open space ❑ Estimates of property values for each use in the development ❑ The proposed street plan / 0 Current or proposed utility purveyors fJ Field notes of area: Two copies of a current signed and sealed Boundary Description in the form of metes and bounds of the total voluntary annexation area prepared by a licensed engineer or surveyor. 4:/ Two copies of a current signed and sealed Exhibit Map. Survey Map of the area must be clear, easy Date F • dri 6f ' March 1, 2018 to read markings and reduced to fit 8 %z x 11 paper. ecca Huerta ity Secretary Page 1 of 2 EXHIBIT B Voluntary Annexation Application & Checklist Current Nueces County Appraisal District property value information of area to include: account 4/ Legal Description, property ID #, owner, mailing address, city, zip code acreage, and appraisal value. 0 Payment of $50 per acre fee, maximum $2,000 (to be adopted in the future). 0 City staff will prepare a fiscal impact analysis to model the projected costs and revenues associated with the proposed development, using the provided development information, to determine the net fiscal impact of the development on the City. Such analyses would go beyond the provision of infrastructure, and would include city services such as police and fire protection, libraries, parks and recreation, and other city functions that experience increased demand for service from new development. The fiscal impact analysis will assess each phase of the proposed development and extend a minimum of ten years into the future. The results of the analysis will be presented to City Council along with the annexation application materials. Notice to petitioner: Voluntary Annexations are subject to all the applicable provisions of law, including the City Charter of The City of Corpus Christi and Chapter 43 of the Texas Local Government Code. All annexations are solely within the legislative discretion of the City Council. A petition for voluntary annexation does not constitute a contractual obligation to annex the property in question. The submission of a petition does not obligate the City of Corpus Christi to annex all or any portion of the area included in the petition. Acknowledgement Please Note: The signature of owner authorizes City of Corpus Christi staff to visit and inspect the property for which this application is being submitted. The signature also indicates that the applicant or his agent has reviewed the requirements of this checklist and all items on this checklist have been addressed and complied with. The agent is the official contact person for this project and the single point of contact. All correspondence and communication will be conducted with the agent. !f no agent is listed, the owner will be considered the agent, (Check One:) 0 / will represent my application before city staff, all Commissions and Boards, and City Council. el hereby authorize the person named below to act as my agent in processing this application before city staff, all Commissions and Boards, and City Council. Owner Name: Tb -\n C ' ) C't YYte-;hone: 36i- o`d3-4501mail Mailing Address, CR , State, Zip Code: 9,*1:2..) l r,Yv1 �-� �• C' ) Lk• Owner Signature: —______` Agent's Name: IIah t al + W.r. Phone: 2I0 -355- 9513 Email: Agent's Company Name: �` �I �� Mailing Address, City, State, Zip Code: 23 )Cin n.ev a, C `- T ! y '1 / 01 Agent Signature: �• �/�� �lZ--- 6/)Kiee March 1, 2018 Page 2 of 2 Contact Information Form Property Owner - John C. Tamez Representative - Address - 823 Kinney St. Corpus Christi, Tx. 78401 Office / daytime telephone # - 361-883-6505 Email Address - Fax # - none Statement : The reason for the request is to build wastewater to land continuous to the City of Corpus Christi for the purposes of mixed use development The current use of the land is farming. There are no existing buildings or structures. There are no current residential units or residents on the property. The proximity to existing water, waste water, storm water, streets, and other public improvements - adjacent. The proposed zoning and density would include residential and multi -family. Construction of the Oso Creek Hike and Bike and Fitness Trail is adjacent. Estimated construction to commence in 2019. Estimated value of the project is $300,000,000. The proposed streets plan are as follows: County Road 43A, B, C to be undertaken by the County. Oso Creek Parkway to be undertaken by the City of Corps Christi. Proposed 2020 Bond project. The proposed utility provider is AEP. The specific provision of Chapter 43 of the Local Government Code through which annexation is requested is 43.014. PETITION REQUESTING ANNEXATION BY AREA LAND OWNER TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHRISTI, TEXAS: The undersigned owner of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby petition your honorable Body to extend the present city limits so as to include as part of the City of Corpus Christi, Texas, the following described territory, to wit: FIELDNOTES for a 281.0337 Acre, Annexation Tract, being the surface estate only in and to a tract of land described as the South One -Half of Section (6), Laureles Farm Tracts, as shown on the Map thereof recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Section 6, for the POINT OF BEGINNING and the southwest corner of this tract, said point being at the intersection of the centerline of two 40 -foot wide dedicated roadways, one along the west boundary of Section 6 and the other along the south boundary of Section 6; THENCE East along the south boundary of Section 6 and the centerline of said dedicated roadway a distance of 5167.81 feet to a point on the bank of the west margin of Oso Creek, for the southeast corner of this tract; THENCE with the meanders of the bank of the west margin of Oso Creek as follows; N 44 deg. 58' 22" W. 314.03 feet, N 49 deg. 25' 53" W. 112.29 feet, N 64 deg. 47' 50" W. 189.44 feet, N 43 deg. 33' 05" W. 139.01 feet, N 15 deg. 12' 46" W. 253.85 feet, N 01 deg. 42' 21" W. 484.42 feet, N 20 deg. 37' 25" E. 382.79 feet, N 20 deg. 21' 36" E. 391.13 feet, N 01 deg. 04' 51" W. 709.41 feet, to a point for the northeast corner of this tract; THENCE West, at 4749.87 feet past the east right-of-way line of a 40 foot wide dedicated roadway, and in all a distance of 4769.87 feet to a point on the centerline of said roadway and west boundary of section 6 for the northwest corner of this tract; THENCE South along the west boundary of Section 6 and the centerline of said roadway a distance of 2640.00 feet to the POINT OF BEGINNING forming a tract of land embracing 284.6048 acres, 3.5711 acres of which lie within the right-of-way of dedicated roadways, leaving a net area of 281.0337 acres more or Tess. Grid Bearings and Distances shown hereon are referenced to the texas Coordinate System of 1983, Texas South Zone 4205, are based on the North American Datum of 1983(2011) Epoch 2010.00. We certify that the above described tract of land is contiguous to the City of Corpus Christi, Texas and that this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed : Date : — Q-1\ Q-1\ _ :9\0 \ ck. THE STATE OF TEXAS COUNTY OFVuen-e,..5 BEFORE ME, the undersigned authority, on this day personally appeared 6 Z known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 9'day of ,20 1 , #e",;;;17-, ALYSHA SARA BERLANGA a' < • 0 10# 13097332-0 t Notary Public f � R }• ��// STATE OF TEXAS < 'H..�yi.�INd.M � My Comm. Exp. 01-19.2021 Y . . �! Y Y Notary Public in and for Lk (€.5 County, Texas. Voluntary Annexation in the London Area for King's Lake Phase 2 (281.03 acres) City Council Presentation November 19, 2019 Background • The Texas Local Government Code section 43.028 provides for a process that allows a property owner to petition for annexation. • On September 9th, 2019 a petition requesting annexation was received from landowner John Tamez. • Staff developed the required service plan and conducted the required public notice initiatives. Aerial Overview of Annexation Tract Proposed Development King's Lake Phase 2 (plat not available): .•• .•• .•• .•• 281.03 acres 1,000 dwellings Approximately 7 years to buildout Unit sales prices estimated: ❖ 250 x $225k ❖ 250 x $275k ❖ 250 x $325k ❖ 250 x $425k Average = $312,500 2. e 9 ex Froe•/ru;r �• tje F?J YCOA' DE calipers Cali/57Y 6II1A7' tri.&roted !� UECES COUNTY, TEXAS Swlt,hWeaE of C011ECrellhYl FRLYCHrH NOERL'Fl 2.5,.. Vr 1 4 FR En fuk q[rnan 7osyna r.,,,..,,.. L . S. •5� i Note: Buildout and sales price assumptions provided by petitioner. 4 Fiscal Impact Analysis —General Fund Average Cost/Revenue Method: ❖ Population = 325,605 ❖ Non -Farm Empl. = 186,969 ❖ Service Population (Pop.+ 1/2 Jobs) = 419,090 ❖ Av. Household size = 2.7 ppl Revenue Estimate: ••• •:• Estimated increased property tax and sales tax revenues Per -capita estimate for other General Fund Revenues (ex. Solid Waste) Cost Estimate: ❖ Per -capita estimate for General Fund Expenditures (est. $624 per capita) Note: Not all General Fund Revenues and Expenditures projected to increase. Example: Fire Department Budget $58,484,506 / 419,090 = $139.55 per person 1,000 households x 2.7 persons per household x $139.55 = $376,788 Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Fiscal Impact Analysis —General Fund Projected Increase in General Fund Costs & Revenues (1) BUILDOUT Projected Increase in Annual General Fund Expenditures ($1,685,300) Projected Increase In Annual Ad Valorem Tax Revenues (M&O)(2) $1,208,800 Projected Increase In Annual Sales Tax Revenues (General Fund) $178,600 Projected Annual Increase In Other General Fund Revenues $438,500 Projected Net Annual General Fund Impacts $140,600 (1) Rounded to the nearest $100. (2) Excludes ad valorem tax revenues that are designated for residential street reconstruction. Decreasing average housing unit value assumption to $27Ok results in a negative net annual General Fund impact of ($48K) at buildout. Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Staff Recommendation Approval of the requested annexation AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 DATE: TO: October 28, 2019 Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 Voluntary Annexation and Rezoning of 446.4 acres in the London Area for King's Landing CAPTION: Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm -to -Market (FM) 43 from "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. SUMMARY: Upon request by the landowners, this ordinance annexes and rezones approximately 446 acres of land that will be developed as "King's Landing" by MPM Development LP with single-family residential and commercial lots in the area south of the Oso Creek along TxDOT's Farm -to - Market (FM) 43 and north/west of the London ISD schools. Staff recommends approval of the annexation and zoning request. BACKGROUND AND FINDINGS: Description of the Request The landowners (MPM Development LP, The William Earl Hensch Trust, Anna Belle Hensch, Retta Maurine Kasper, and Corpus Christi Community Church) requested annexation and rezoning of their land, being approximately 446 acres of land located on the southside of the Oso Creek to the west and north of the London ISD schools, north of FM 43, and between the new Rivers Edge Village subdivision and the proposed London Towne subdivision. At full buildout, MPM Development plans to create 1,446 single-family lots on 363.1 acres of the subject property with a proposed zoning of "RS -4.5" Single -Family 4.5 District with minimum lot sizes of 4,500 square feet. The developer estimates the average unit sales price to be $270,000. The remaining 83.3 acres are proposed for commercial uses (73.3 acres) and a church (10 acres). The zoning district requested for the commercial development is "CN -1" Neighborhood Commercial District. The current use of the land is farming with no residents. As required by State law for annexation, the subject property is contiguous to the current City limit line where it abuts the London Towne subdivision. City Services to Subject Property The landowners have agreed to a Municipal Service Plan Agreement with the City and the City Manager is authorized by City Charter to execute the agreement. The subject property is served by an existing 16 -inch City water line in FM 43 and a future eight -inch City water line on the east boundary stubbing out from Braselton Homes's London Towne subdivision. A City wastewater line will be available to the subject property through the London Towne subdivision to the east. No City gas lines are in the area. The developer will have to construct three City master planned streets that will connect to neighborhoods to the east and west and provide access to the London ISD schools. The developer will construct drainage improvements in accordance with the City Stormwater Master Plan for this area that was adopted by City Council in April 2017. In its initial phases, the proposed development does not reach a threshold at which additional City Police substations, Fire stations, or City Library, Health, Animal Control, or Parks and Recreation services are needed. Analysis of the Request Annexation: In order to make a recommendation on the annexation, staff conducted an internal review with each City department responsible for providing services to determine any impact to operations and any need to expand City facilities. No City -funded expansions are necessary during the initial phases of the project. Then, staff conducted a fiscal impact analysis to review the costs of providing City services against the potential revenues generated by the development. Staff estimates that the annual impact to the City's General Fund is net neutral. Staff also finds other positive benefits to annexing the subject property. Those benefits include gaining the authority to prohibit the development of incompatible land uses through zoning, which protects property values and quality of life; the authority to ensure development meets City standards in an area already served by City infrastructure; and the authority to prohibit On -Site Sewage Facilities (septic systems) in an area close to the Oso Creek where City wastewater lines will be available. Rezoning: The subject property is located within the boundaries of the London Area Development Plan and the future land use designation for this property is "planned development." The proposed rezoning to the "RS -4.5" Single -Family 4.5 District and "CN -1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. The "London Towne" subdivision to the east is zoned "RS -4.5" Single -Family 4.5 District. No zoning exists in the other directions because those areas are outside city limits. To the west is the new Rivers Edge Village subdivision with half -acre lots. To the south is the London Independent School District campus, vacant land and one large -tract single-family lot. This rezoning does not have a negative impact upon the surrounding neighborhood. Public Input Process Number of Public Hearing Notices Mailed: 42 within 200 -foot notification area 1 outside notification area Responses received as of October 30, 2019: In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Landowners in opposition total 0.03% of the land within the 200 -foot notification area. Planning Commission Public Hearing Following the public hearing held on October 30, 2019, the Planning Commission recommended denial of the requested zoning. Council Action History and Future Council Actions The proposed annexation is contiguous to the new City limits established in July 2019 with the City Council's approval of Braselton Homes's request for voluntary annexation of 161.56 acres for the future "London Towne" subdivision located on County Road 33 north of the London ISD schools. In order to develop lots connected to City wastewater lines rather than septic systems, Braselton Homes constructed a wastewater lift station in accordance with the City's Wastewater Master Plan that was approved by the City Council in May 2018 to bring sewer across the Oso Creek to serve this area. Braselton Homes will be reimbursed for this lift station from the Wastewater Trust Fund in accordance with a Reimbursement Agreement approved by City Council in May 2018. Similarly, MPM Development has requested an amendment to the City Wastewater Master Plan, which is pending Planning Commission and City Council action, to expand the lift station service area to include the entire acreage of the proposed annexation area. ALTERNATIVES: Since the proposed development's financial impact to the City is net neutral and there are other positive benefits to annexation described previously, no alternatives to the developer's request for annexation were considered. FISCAL IMPACT: Constructing 1,446 single-family dwellings at an average sales price of $270,000 per unit and 73.3 acres of commercial development results in an annual impact to the City's General Fund of ($17,400) at buildout. Details are summarized in the table below. Increasing the average sales price per dwelling unit to $280,000 results in a positive net annual General Fund impact of $47,000 at buildout. Protected Increase in General Fund Costs & Revenues' Buildout Projected Increase in Annual General Fund Expenditures ($2,522,000) Projected Increase in Annual Ad Valorem Tax Revenues (M&O)2 $1,622,500 Projected Increase in Annual Sales Tax Revenues (General Fund) $223,100 Projected Increase in Annual Other General Fund Revenues3 $659,000 Projected Net Annual General Fund Impacts ($17,400) (1) Rounded to Nearest $100 (2) Excludes ad valorem tax revenues that are designated for residential street reconstruction (3) Examples include but are not limited to various solid waste fees and revenue from emergency calls. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. Staff recommends approval of the zoning request to "RS -4.5" Single -Family 4.5 District allowing minimum lot sizes of 4,500 square feet on Tract 1 and "CN -1" Neighborhood Commercial District on Tract 2. The Planning Commission makes recommendations on zoning but not on annexation. Planning Commission recommended denial of the zoning request to the "RS -4.5" Single -Family 4.5 District on Tract 1 and "CN -1" Neighborhood Commercial District on Tract 2 with five commissioners in favor and four commissioners opposed. All commissioners were present and voting. LIST OF SUPPORTING DOCUMENTS: Ordinance with Service Plan and Rezoning Exhibits Landowners' Petition for Annexation Final Report of the Planning Commission Presentation Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at or near 1442 Farm -to -Market (FM) 43 from "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements pursuant to Texas Local Government Code §43.016 have been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on November 19th, 2019, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1.5, all new territory annexed to the City has the initial zoning of FR, Farm -Rural zoning district classification unless action is taken to amend the Zoning Map upon annexation. WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the subject property located at or near 1442 Farm -to -Market (FM) 43; 1 of 4 WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council finds that this zoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That a 446.4 -acre tract of land, more or less, described by metes and bounds and a map in Exhibit A, generally located to the north of FM 43, south of Oso Creek and west of County Road 33 is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas and as required by the City's Unified Development Code section 4.1.5 Newly Annexed Territory, the area shall be designated with an initial "FR" Farm -Rural District. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. 2 of 4 SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by rezoning 363.121 acre tract of land (tract 1) as described in Exhibit "A" and shown in Exhibit "C", from the: "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District and by rezoning the 83.287 acre tract of land (tract 2) as described in Exhibit "B" and shown in Exhibit "C" from the: "FR" Farm Rural District to the "CN -1" Neighborhood Commercial District. SECTION 9. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 10. 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 11. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 12. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 13. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 14. This ordinance is effective upon passage on second reading. 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 4 of 4 MUNICIPAL SERVICE PLAN AGREEMENT FOR THE KING'S LANDING SUBDIVISION This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"), and MPM Development LP, The William Earl Hensch Trust, Anna Belle Hensch, Retta Maurine Kasper, and Corpus Christi Community Church (collectively "Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 446.4 acres of land situated in Nueces County. Texas, as specifically described in Exhibit "A" ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department ("CCPD") will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third -party contract. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently. the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement 4 acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. Farm -to -Market (FM) 43 and County Road 33 will provide roadway connections to Subject property (King's Landing Subdivision). Improvements are needed to County Road 33 and connection to County Road 33 through the London Towne Subdivision is required to provide a secondary roadway connection to the King's Landing Subdivision. Only a portion of County Road 33 is located within the City Limits. Responsibility for improvements for County Road 33 outside the annexation area will remain with London Towne Subdivision, Landowner or Landowner's developer and Nueces County. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplate by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 5 Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language_ Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 6 Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI By: Peter Zanoni, City Manager Date: APPROVED AS TO FORM: By:_ Buck Brice Assistant City Attorney for the City Attorney LANDOWNER(S) By: ,,, / ..(-7/ , By: Williath Ear rHensch, Trustee The William Earl Hensch Trust By: r i Anna Belie Hensch Owner By: Retta Maurine Kasper Owner By: Scott McDonald, Agent Corpus Christi Community Church 8 CITY OF CORPUS CHRISTI LANDOWNER(S) By: By: Peter Zanoni, Mossa Mostaghasi, General Partner City Manager MPM Development, LP Date: APPROVED AS TO FORM: By: Buck Brice Assistant City Attorney for the City Attorney By: William Earl Hensch, Trustee The Wiliam Earl Hensch Trust By: Anna Belle Hensch Owner Retta Maurine Kasper Owner By: Scott McDonald, Agent Corpus Christi Community Church S CITY OF CORPUS CHRISTI LANDOWNER(S) By: By: Peter Zanoni, Mossa Mostaghasi, General Partner City Manager MPM Development, LP Date: By: APPROVED AS TO FORM: By: Buck Brice Assistant City Attorney For the City Attorney William Earl Hensch, Trustee The William Earl Hensch Trust 13y: Anna Belle Hensch Owner By: Retta Maurine Kasper Owner By: Scott McDonald, Agent Corpus Christi Community Church S 2 2 ON CD -03 N CO CO W • W {J V O V 01 -p DSII CREEK". Pi i"I m LJ 0 0 Q m MELV1N ESTATES UNIT 1, V, 68, P. N N,- 44, 45 & 46, M, w � TIARA LN -Fd- 0 0 w N 0' N O UI N99-01' 55'E 1072, 21' m ry ill N00.55' 32' W 117. 50'` N89' 04' 28' E 588. 61' m 0 0 V EXHIBIT "C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS x 0D ✓ .• A W W• 0 0W 41 • A [- W •o m RS -4. 5 ZONING TRACT, A PORT ION OF 144.30 ACRE FIRST TRACT AND 252.688 AC. SECOND TRACT, V. 1066, P, 140, D. R. AND BEING A PORTION OF THE NET LAND DESCRIBED BY DEED, DOC N❑. 2009010903, 0, R. , AND A BEING A PORT EON OF SURVEY 135 ABSTRACT 581, SURVEY 137, ABSTRACT 579 AND SURVEY 139, ABSTRACT 577, CUADRILLA IRRIGATION COMPANY, 363.121 ACRES CG l Z❑NING TRACT, A PORT ION OF 144.30 ACRE FIRST TRACT AND 252.688 AC. SECOND TRACT, V. 1066, P. 140, D. R. AND BEING A PCIRT I ON OF THE LAND DESCRIBED BY DEED, DOC, NO 2009010903, 11, R. , ALL OF A 10, 08 AC. TRACT, DOC. NO, 20170I0862, O. R. AND A PORTION OF SURVEY 135 ABSTRACT 581, CUADRILLA IRRIGATION COMPANY, NUECES Ca. , TX, 83. 287 AC ACRES N8 ' 04' 28'E 1385. 84' • D 44 o 0 d C A r o • !u�C v1- te. D^ GG -1 ZONING TRACT, 83. 287 AC S89'11' 08'W 1513.641{ 'CL 0 FM 43 0' N 0 0 N St1 0' m S89' 08' 5!' W 1321 22' 25. 00 AC. TRACT, DDC. NO. 2008018783, D. R. , LISD N N W' • V 0 0' BALANCE OF 27.5 AC. TRACT, DOC. NO. 2003067159, 0. R. , LISD -17589' 05' 03' W 159. 34' -,,---S00' 54' 11'E 558. 28' T''..--1 29 AC. TRACT, ALAMAROSA CASTILLO, DOC. NO. �[ 2002017337, O. R. `-S89' 03' 43' W 297, 55' LONDON SCHOOL TRACTS, LOT 3, V. 67, P 578, M. R. 0 400' 800' 1600' SCALE: 1"= 800' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F--52, FILE: EXB-ZONING, JOB NO. 18068, SCALE: 1" = 800' PLOT SCALE: SAME, PLOT DATE; 5/23/19. SHEET 1 OF 1 City of Corpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area 446.4 acres 1 inch = 1,400 feet 0 500 1,000 2,000 Feet BASS & WELSH ENGINEERING PO. Box 6397 Corpus Christi, TX 78466-6397 May 23, 2019 18068-M&B-446AC STATE OF TEXAS § COUNTY OF NUECES Description of a 446.408 acre tract of land, more or less, consisting of the following three tracts; Tract 1, a 293.041 acre tract of land, consisting of the remainder of a 256.56 acre tract, Volume 229, Page 236, Deed Records of said county and the remainder of 252.688 acre second tract, Volume 1066, Page 140, said deed records and being a portion of the net land described by deed, Document No. 2009010903, Official Records of said county, Tract 2, a 10.08 acre tract of land described by deed, Document No. 2017010862, said official records, and, Tract 3, the net (exclusive of FM Highway 43) portion of a 144.570 acre tract of land, being called 144.30 acre first tract, Volume 1066, Page 140, said deed records, the above three tracts being portions of one or more of Survey 135 Abstract 581, Certificate 29, Survey 137, Abstract 579, Certificate 31 and Survey 139, Abstract 577, Certificate 33, said surveys named Cuadrilla Irrigation Company, Nueces County, Texas, said 446.408 acre tract as further described by metes and bounds as follows; BEGINNING at a 1" iron pipe found for north right-of-way line corner of FM Highway 43 and southeast corner of River Edge Village Phase 1, a map of which is recorded in Volume 69, Page 154, Map Records of said county, said beginning point for the southwest corner of the tract herein described; THENCE N01°00'23"W along a north right-of-way line of said FM Highway 43, at 15.00' pass the southeast corner of Lot 1, Block 7, said River Edge Village Phase 1 and along the east boundary line of said River Edge Village Phase 1, at 1872.53' pass a 5/8" iron rod found for the northeast corner of Lot 15, said Block 7, River Edge Village Phase 1 and along the east boundary line of a 136.31 acre tract described by deed recorded at Document No. 2016041530, said official records, in all, 5612.99" to a 1" iron pipe found in the south right-of- way line of County Road 26 for the westernmost northwest corner of the tract herein described and northeast corner of said 136.31 acre tract; said County Road 26 as depicted by plat of Melvin Estates Unit 1, a map of which is recorded in Volume 68, Page 44, 45 and 46, said map records; THENCE along said south right-of-way line of County Road 26 N89°01'55"E 1072.21' to a 5/8" iron rod found for the southeast corner of said Melvin Estates Unit 1 and southeast right-of-way corner of said County Road 26; THENCE N00°55'38"W along the east boundary line of said Melvin Estates Unit 1, along the east boundary line of William Robertson Farm Tracts, Tract 55 and Tract 48, a map of which is recorded in Volume 3, Page 31, said map records, along the east boundary line of a 185.00 acre tract of land described by deed recorded at Document No. 2005045722, said official records and along the west boundary line of said 256.56 acre tract, at 1199.73' pass a 5/8" iron rod found for reference point, in all a distance of 1717.23' to a 5/8" iron rod set in the south bank of Oso Creek for the northwest corner or north central corner of the tract herein described, said south bank of Oso Creek of which may or may not be the correct boundary line between State owned land of Oso Creek and upland subject tract; NMW:sab EXHIBIT " 1 " Page 1 of 3 Metes and Bounds Description, 446.408 Ac. Tract, continued, May 23, 2019; THENCE along said south bank of Oso Creek as follows: S63°00'04"E 173.96'; S65°09'42"E 104.27'; S86°46'03"E 210.72'; N81°32'00"E 192.93'; S85°41'18"E 201.62'; S83°47' 12"E 279.82'; N88°30'41"E 223.01'; N73°23'30"E 136.48'; N68°37'55"E 189.57'; N84°07'41"E 198.34'; S83°34'41"E 200.15', and; S69°52'48"E 178.20' to a 5/8" iron rod set in said south bank of Oso Creek for the northeast corner of the tract herein described and northwest corner of a 145.50 acre tract of land described by deed recorded at Document No. 1997034379, said official records; THENCE S01°00'04"E 5277.91' along the west boundary line of said 145.50 acre tract and along the common west boundary line of a 118.126 acre tract, Document No. 2015011169, said official records and east boundary line of said 252.688 acre tract and running in part along the central portion of a drainage ditch, to an iron rod with cap found under water for the upper southeast corner of the tract herein described and northeast corner of a 25.00 acre tract of land described by deed recorded at Document No. 2008018783, said official records, said northeast corner of 25.00 acre tract bears N00°54'30"W 3.74' from a T -post found in the center portion of said ditch for the northwest corner of a 20.00 acre tract of land described by deed recorded at Document No. 2005027456, said official records; THENCE S89°08'51"W 1321.22' along the north boundary line of said 25.00 acre tract to a 1" iron pipe found for interior south central corner of the tract herein described and northwest corner of said 25.00 acre tract; THENCE S00°52'36"E 1362.29' along the west boundary line of said 25.00 acre tract, along the west boundary line of a portion of a 27.5 acre tract described by deed recorded in Document No. 2003067159, said official records, and along a portion of the west boundary line of London School Tracts, Lot 3, a map of which is recorded in Volume 67, Page 578, said map records, to a 5/8" iron rod found for mid -southeast corner of the tract herein described and northeast corner of a 1.29 acre tract of land described by deed recorded at Document No. 2002017337, said official records; THENCE S89°05'03"W 159.34' to a 5/8" iron rod found for south central interior corner of the tract herein described and northwest corner of said 129 acre tract; THENCE along the west boundary line of said 1.29 acre tract S00°54'11"E 558.28' to a 5/8" iron rod with cap labeled RPLS 5435 found for the lower southeast corner of the tract herein described and southwest corner of said 1.29 acre tract and being in the north right-of-way line of said FM Highway 43; THENCE along said north right-of-way line of FM Highway 43 S89°03'43"W 297.55' to a 5/8" iron rod with plastic cap labeled Urban Engineering found for the southeast corner of said 10.08 acre tract and angle point in the south boundary line of the tract herein described; NMW:sab EXHIBIT " 1" Page 2 of 3 M-E'L;V1I-N E _S T ATE'S Site Size4approx.) - 446 acres .. . �1 Annexation Area City Limits Parcel Bounds Exact City of Corpus Christi Print Date: 09/25/2019 Exhibit A - Annexation Area = 446.4 acres 1 inch = 1,000 feet 0 500 1,000 2,000 Feet BASS WELSH ENGINEERING P.O_ Bon 6397 Corpus Christi, TX 78466-6397 RS_5 ZONLNGTRAC'T STATE OF TEXAS COUNTY OF NUECES May 223. 2.019 18468-MS13-4.5Zonine_doc Description of a 363.121 acre tract of and, more or less, a portion of 144.30 acre first tract and 252.688 acre second tract, both tracts described by deed, Volume 1066, Page 140, Deed Records of said comity and being a portion of the net land described by deed, Doc. No. 20098109'03, Official Records of said county and being a portion of a 256.56 acre tract described by deed recorded at Volume 229: Page 236, said deed records, and being a portion of Survey 135, Abstract 581, Survey 137, Abstract 579 and Survey 139, Abstract 577, said surveys named Cuadrilla Irrigation Company, Nueces County, Terms, said 363.121 acre tract of land as further described by metes and bounds as follows= BEGINh NG at a point in the east ba,rnebrl; line of Lot 15, Block 7, River Edge 97illaee Phase 1, a map of which is recorded in Volume 69, Page 154, Map Records of said county, for the southwest comer of the tract herein described, Eaid point of be ginning bears N1D1W00.23"9V 37,58' from the southeast corner of said Lot 15; THENCE N01i00'23"44' along the east boundary line of said River Edge Village Phase 1, ae 7.42' pass the northeast corner of said Lot 15, Block 7, River Edge Village Phase 1 and along the east boundary- line of a 136.31 acre tract of land described by deed recorded at Document No_ 2016041530, said official records, a distance of 3812.82' to a point in rhe south right-of-way fine of County Road 26 for the westernmost northwest corner of the tract herein described and northeast corner of said 136.31 acre tract:: THENCE along said south rrriht-of-way line of County Road 26 N89'01'55"E. 1072.21' to a point for interior northwesterly corner of the tract herein described, southeast corner of said County Road 26 and southeast corner of Melvin Estates Unit 1, a map of which is recorded in Volume 68, Page 44, 45 and 44, said map records; THENCE N00'55389W 1717.23' along the east boundary line of said Melvin Estates Unit 1, alone the east boundary line of William Roberton Farm Tracts, Tract 55 .and Tract 48, a map of which is recorded in Volume 3. Page 31, said Mop records, along the east boundary line of a 185.00 acre tract of land described by deed recorded at Document No_ 2005045723, said official records and along the west boundary Eine of said 25656 acre tract, to a point in the south bank of Oso Creek for the northwest corner of the tract herein described; THENCE along said south bank of Oso Creek as folL,w3: S63'00'04`E 173.96; S65'09'42'E 10417;' S86'44'03''E 21032% N81'32.00'E 19233'; 585'411.8'.6 20L62'; EXHIBIT "A" Pase 1at1 Page 4 of 8 Metes and Sounds Deocripti,cn>, 363.121 Acre Tract Map 23, 319, Continued= S83'47'1i'E 27982; NS8°30'41-'E 22101'; N73°2330"E 136.43'; N68°3755"E 169.57; N8 -5'0741:'E 198.34'; S83'3441"E 200.15, and; 569'52'48'7= 17820' to a point in said south bank of Ow Creek far the northeast corner of the tract herein described and northwest corner of a 145.50 acre tract of land described by deed recorded at Document No. 1997034379, sand official records: THENCE S0L'0004'T 5277.91' along the west boundary line of said 14550 acre tract and along the common wear boundary line of a 118.126 acre tract, Document No_ 3171.5011169, said official records and east boimdar- lme of said 252.658 acre tract to a point for the southeast onallEI of the tract herein described and northeast corner of a 25.00 acre tract of land described by deed recorded at Document No. 2001783, said Official records; THENCE S$4'08'51:111 1321.2' along the north boundary line of said 25.00 acre tract to an angle point in rhe south boundary of the tract herein described for the northwest corner of said 25.00 acre tract; THENCE S89'04'28"W 1335.M to a Foins for southwesterly corner of the tract herein described: THENCE SOCP55'S2:'E 1170' to apoint for interior southwesterly Darner of the tract herein described; THENCE S89'04'2:8"W 588.61. to the POINT OF SEC&INNE TCt, a sketch shoeing said 363.121 acre tract for RS -4..5 zoning described herein being attached as Ezhibit EXHIBIT "A' P=ee 2 of = Page 5 of 8 BASS & WELSH ENGINEERING .0. Eor 6397 Corpus Christi, Ti 7g;66-6397 CN -1 ZON NGTRACT STATE OF TEXAS COUNTY OFNUECTS May23, 2019 1306g -M&S -CN -1 ZONLNG_doc Description of an 33.257 acre tract of land, more or I. a portion of 144.3 acre First Tract and 252.638 acre S ecand Tract, Volume 1066, Page 140, Deed Records of said county and being a porion of the land d escribed by deed Document No. 2Q09010903, Official Records of said county and all of a 10.03 acre tract desc ribedbv deed recorded at Document No. 2017010862, said official records and also being aportion of Survey 135, Abstract 531, Lam. adrilla Irrigation Company, Nieces Conry, Teras said S32Z7 acre trace of land for CN -1 Zoning as further described by metes and bonds as Iollovms: BEGL'NING at the southwest corner of a 1.29 acre tract of [and described by deed recorded at Document No_ 2[102017337, said official records. said beginning point being in the north right-of-way lime of FM Highway 43 for the southeast coir of the tract herein described.; THENCE along said north right-of-way line of FM Highway 43 S89')3'43"44 29735' to an an A poinr in the south boundary line of rhe tract herein descrnbed for the southeast corner of raid 10.08 acre tract; THENCE SS9°11-08"44 /513.6-1' to a point for the Nauthivesr comer of the tract herein described and southeast comer of River Edge Village Phase 1, a map of which is recorded at Volume 69, Page 154, Map Records of said county: THENCE NQ1930:23''W, at 15.00 feet pass the southeast comer of Lot 1, Pilock 7, said River Edge Village Phase 1 and oontinuing along the east boundary line of said River Edge Village Phase 1, at 176259- pass the southeast corner of Lot 15, said Slack 7: River Edge Village Phase 1, in all, 1&00.1T to a point for the northwest comer of the tract herein described.; THENCE `I89'04:23'.E 588.61: to a paint for interior north central corner of the tract herein described.; THENCENQEl'55'32" W 11750- to a pomr for northerly corner of the tract herein described; THENC N89'04'28"E 1395,84' to a point for the northeast corner of the tact herein described and northwest comer of a 25.00 acre track of land descned by deed recorded at Document No. 2008015783. said ficial records THENCE S00°52'3 ''E along the west boundary line of said 25.00 acre tract, along tLe weer boundary Eine of a portion of a 275 acre tract described by deed recorded in Document No_ 2.00"3067159, said official records and along a portion of the wrest Boundary line of London School Traces, Leat 3, a map of ssiiic,L is recorded in Volume 67, Page 573, said map records, a distance of 1362_2.9. to a point for southeasterly corner of the tract herein described and northeast corner of said 129 acre tract; THENCE along the north bennrlary line of said 129 acre tract 5.89'05'03794 159.34- to a point for interior easterly corner of the tract herein described and northwest corner of said 1.31 acre tract; hTdSF:sob EXHIBIT "B" Pz!e ] at2 Page 6 of 8 Metes and Bounds Dewription, &3.287 Acre Tract, May 23, 2419, Continued: THENCE .51:10"541.1"E 5.5S.2.8' along the WEEA bourularri hoe of said 1.29 acre cract (0 the. POUT OF BEGINNING. a sketch showing said 83.287 acre tract for C1-1 Zoning. being aqaclei herero as Embibit C. EXHIBIT -EV' Page 7 of 8 EXHIBIT 'C' SKETCH TO ACCOMPANY METES AND BOUNDS DECIIPTICNS ICA 1N ESTATES LR+I T 1. IL rte. 44, +5 le 46, F. R. TTARA LN CR ES X199' 0.i' 55' E Lon. av ti rt Ne9, 04' 28' E 5s. 61' 0 n RS -4.5 ZING TRACT, A PUnION 3F 144.30 ACRE FIRST TRACT OM 252.68:8 AC. SECOND TRACT, V- 1066. P, t4Q, A R. NO BES#G A PORT!Ut'1 OF TW NET LAND DESCRIBED re DEED, DCC. NEL 9010I03, 0. R.. ANDA lit.MG A Pa1k'TI0N OF SURVEY 135 ABSTRACT 561, SuR'i'CY 137, ABSTRACT BJ9 AND SURVEY 1 5, ABSTRACT 577, CUADRILLA 1RRIGATIEti1 COMPANY, 268.121 ACRES 1 ZONING TRACT, A PORTIER1 OF 144.30 ACRE FIRST TRACT AND a52.666 AC. Sf_CODLD TRACT, V. IU$$, P. 140, D- R. AND BEING A PORTIO" OF THE LAND DESCRIBED BY DEIEB, O X. ND. 2009410903. O. R. , ALL OF k 10. 00 Ac. TRACT, DOC. D. 20L741066L a, R. AND A PORTION OF SURVEY ] ABSTRACT 36L, CUADRLLLA IRRIGATION C.FANY, NUECES CO. TX. $3. 267 AC ACRES h! 104'EB'E 1305, 94' t CN -1 ZO'ING TRACT, 83. 287 AC Seg' 11' GB' 4-1513 64 P— 16 Las 3.va.Co.EDS '84`49' 5 ]' Y 0 to TN 1321. 2E' 25. oo K. TRACT. Doc. N6 2008010783 0. rr LM) BALAHCC IW 27. 5 11C - TRACT, LIC. N4 Foo3067J39. U. LYON SCHOOL TRACTS, LOT 3, V. 67, P, 57. M. R. SOW OS' C2' 11 159. 34. Soo' 54' WC C 558. 88 29 AC. TRACT, ALANIAROSA CASTILLO, BOC, NO. 2002017337, 0. R. CL FH A $9` 03' 43' 1 29#_ 33' w 68w y , 0 40W BOD' 1600' SCALE 1'= 800' SASS AND WELSH ENGINEERING CORPUS CHRISTI. TX SURVEY REG Fie_ 1013077-00, ENGINEER*14 REG. "U, F FILE: E3g@-201./C, JOB O. 14:1068, SCALE: 1" — 640' PLOT SCALE: SAAR PLOT DATE S/23/19, SHEET i OF i Page 8 of 8 Mr. Daniel McGinn, P.E. Planning & ESI Department P. O. Box 9277 Corpus Christi, Texas 78469-9277 Date Filed G//9 ecca Huerta ity Secretary September 10, 2019 Subject: 446.408 Acre Tract on FM 43 at London School described by metes and bounds attached hereto, Nueces County, Texas Dear Mr. McGinn: Please accept this letter as the petition of the owners of above referenced property that the City of Corpus Christi annex the subject tract. Please see attached Voluntary Annexation Application and Checklist. OWNER Mossa Mostaghasi, General Partner MPM Development, LP STATE OF TEXAS § COUNTY OF NUECES This instrument was acknowledged before me on the 10 , day of Q�} lt-C.j 1u,i% 2019, by Mossa Mostaghasi, General Partner of MPM Development, LP, an owner of the subject tract. CINDY BUENO ID# 1178588-3 Notary Public STATE OF TEXAS My Comm. Exp. 11-04-2019 .47' 'Sr "sr v'sr v vavvV—V' 0 No ary Pu lic, State of Texas MURRAY BASS, JR., P.E., R.P.L.S. NIXON M. WELSH, P.E., R.P.L.S. www.bass-we1sh.com Date Filed 9-5- 19 BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.com LQ,�+ �9September 5, 2019 fr---tA-12"/LIN VOLUNTARY ANNEXATION APPLICATION Rebecca Huerta AND CHECKLIST City Secretary This application is made on behalf of MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, 774-3832, Mossa Mostaghasi, General Partner, The William Earl Hensch Trust, William Earl Hensch, Trustee, 5027 Holly Road, Pasadena, Tx 77503, 713 417-7122, Anna Belle Hensch, 1009 Peerman Place, Corpus Christi, Tx 78411, 361 444-5800, Retta Maurine Kasper, 4805 Velma, Killeen, Tx 76542, 254 462- 2976, Corpus Christi Community Church, 4833 Saratoga Blvd., #259, Corpus Christi, Tx 78413, Scott McDonald, 361420-0022. The proposed 446.408 acre annexation tract (see metes and bounds property description and surveys thereof attached hereto) is 1) under contracts for sale to MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, 774-3832, Mossa Mostaghasi, General Partner, or 2) owned by said MPM Development, LP. The engineer associated with this annexation is Nixon Welsh, P.E., Bass & Welsh Engineering, P.O. Box 6397, Corpus Christi, Texas 78466, 882-5521. 1. This document is attached to a signed letter of petition for the proposed 446.408 acre annexation tract. Also attached are deeds into the petitioners of which the subject tract is a portion. 2. This annexation petition is made in accordance with Chapter 43 of the Local Government Code, 43.001, 43.001(4), 43.014, 43.028, 43.054. The 446.408 acre tract herein petitioned for annexation meets all of the above described Chapter 43 citations. 3. This request is made so that all of the benefits of being within the City limits will be achieved for the development (the residents of the development). Currently the land is vacant and is being farmed. There are no residences on this land. There is one existing barn structure of which will be removed. There is an existing 16" City water line in the front of the property on FM 43 and it is anticipated that an 8" water line will be brought to the east boundary of the site with the development of the adjacent London Town Subdivision. Waste water service will also be stubbed out into the east boundary of the site by said London Town Subdivision. Streets will be constructed according to usual City standards. A stormwater system consisting of pipes and ditches according to the master drainage plan will be installed, draining the site to the Oso Creek of which it abuts. See attached Storm Water Quality Management Plan (drainage plan). 4. Upon annexation, 363.121 acres are proposed to be zoned RS -4.5 single family and 83.287 acres are proposed to be zoned CG -1 Commercial. These are shown by metes and bounds descriptions and sketch attached hereto. Page 1 of 2 Voluntary Annexation Application and Checklist, May 23, 2019, Continued; 5. Proposed land use is shown on attached preliminary plat. A drainage plan and utility plan are also attached. It is anticipated that all streets will be public, the sanitary sewer and water will be provided by the City of Corpus Christi. '1.2fit/ ixon M. Welsh, P.E., R.P.L.S. EXHIBITS AND ATTACHMENTS Metes and bounds property description of 446.408 acre annexation tract Survey of 293.041 acre annexation tract Survey of 144.570 acre annexation tract Deed into MPM Development, LP (Doc. No. 2019035726, O.R.) Deed into Minnie Ethel Hensch for 144.3 acre First Tract, V. 1066, P. 140, D.R. Zoning metes and bounds descriptions and sketch Preliminary Plat, Drainage Plan, & Utility Plan Page 2 of 2 SOUTH BANK OF OSO CREEK SOUTH BANK OF ❑S❑ CREEK S69° 52' 48" E 178. 20' S83° 34' 41" E 200. 15' 70' DR. ROW BY ADJ. OWNER 145. 50 AC, TRACT, DOC. NO. 1997034379, ❑.R., A P❑RTI❑N OF CUADRILLA IRRIGATI❑N COMPANY SURVEY 137 AND I. AND G. N. R. R. SURVEY 140, V. 3, P. 15, M. R. , WALTER AND BETTY JO CAMP 70' DR. ROW BY ADJ. OWNER 118. 126 ACRE TRACT II, DOC, NO, 2015011169, ❑. R. ,SAID 118.126 ACRE TRACT BEING A PORTION OF SURVEY 135 ABSTRACT 581, SURVEY 137, ABSTRACT 579 AND SURVEY 139, ABSTRACT 577, SAID SURVEYS NAMED CUADRILLA IRRIGATI❑N COMPANY, AND SURVEY 140, ABS 612, NAMED I. & G. N. R. R. , BILL BROWN ET. AL S01° 00' 04" E 5277. 91' 55' DR. ROW BY ADJ. OWNER 55' DR. ROW BY ADJ, OWNER 70' DR. ROW 70' D_, ROWRDW,-- 1 ' UE -`C�ryc7� 70' DR. ROW 55' DR. ROW 62' 62'62' 1 1D N84°07' 41"E 198. 34'� 50' STREET 6' E25 59' n= 4 59'-59' .9 i1119 7, 5' 111 0 11 'f 5' '0E- 2'YYR Ts, 1 50' STREET 6' 5. 59' n= 4 59'-59' 100, - in 99 - 103 UE _ _ YR N6 101.. 59' 5' '0E- 2'YYR Ts, 1 \2 3 9 `5 6 '9- �8�. 1 w �' UE 59'_59 63' 27 59 59' 65' �w....I�� 119 9 10 NI 12 2 13 1245 \15 16 1 � �• 0 S5'° Y EE _ — 26 - - N 1050 N68° 37' 55" E 189, 57'- N73° 23' 30" E 136. 48' N88° 30' 41" E 223. 01' S83°47' 12"E 279. 82' S85°41' 18"E 201. 62' N81°32' 00"E 192. 93' 210. 72' 104. 27' S63° 00' 04" E 173. 96' F0DWAY/DRAINAO / EASEMENT 7' 92b N �1 104. 7_5 5. E 65' 1 2 ' ___65 n= 4 59'-59' 100, - in 99 - 103 UE _ _ YR N6 101.. -65'75T7, 5' '0E- - Ts, -7 , 93 94 a 9 96 - 7 N 98 ,. 25' 15 UE 7_G 17 63' --- 25 -- 26 63' 27 ,ED /8 -c 30 - 7. 5 32 UE 3325' 70 126' STREET 3 4 5 25' YR 5'EE N 7jai , 5' UE 20 21 25' YR 5' EE 63' 62 9 62' 62' 62' 62' 62' 10 11 12 13 25�i2� 5' EE 14 62' 15 62' 62' 16 17 1 / 6 - 123'—" 77 115' 1J --[ 1 +'II' 8 QI l0 19 20 til I� 128 14 ....\\__ ""I I17 1 `22' UEI I - - 4 ..._2:_,, > 22' UE 21n12r� v 22 1;111222543 125 � v � 23 m i�124 til 1- ° ,n a 1 123 0 24 ih In 50' STREET - - - 5 n= 4 59'-59' %‘, 73 'rN I,77' -t 74 MEIN 70 126' STREET 3 4 5 25' YR 5'EE N 7jai , 5' UE 20 21 25' YR 5' EE 63' 62 9 62' 62' 62' 62' 62' 10 11 12 13 25�i2� 5' EE 14 62' 15 62' 62' 16 17 1 / 6 - 123'—" 77 115' 1J --[ 1 +'II' 8 QI l0 19 20 til I� 128 14 ....\\__ ""I I17 1 `22' UEI I - - 4 ..._2:_,, > 22' UE 21n12r� v 22 1;111222543 125 � v � 23 m i�124 til 1- ° ,n a 1 123 0 24 ih In 50' STREET - - - 5 n= 4 59'-59' 5 - 4 7. 5' 63' 63' 5' EE 654 18 Lill 7 64' 8 63' 7__. //UE 110 10 63' 11 63' 12 63' 13 63' 14 7. 5' 25' 15 UE YR 16 63' 17 63' --- 25 -- 26 63' 27 ,ED /8 29 30 31 7. 5 32 UE 3325' YR 34 35 >I 36 9 I 7. 5' 53 25' ., 54 R � �• 0 S5'° Y EE _ — 26 - - 7. ' 28 53' EE_ - 65' 1I 1 w Z-- 5 n= 4 59'-59' 5 - 4 7. 5' 6 8 w II 59 2 7, 59' 3 ' UE 25‘ 6 S9' YR \7---, 59' } - 9 Ir-/-/ 7__. //UE 110 11 36 6^ _- �- .l- 45 Y / 1 T , YR 58 -65= ^ r/ ilii - -7---- —651- cu 4:. Yk. / 59'/STREET 1--a /5 iI/1 }-w65' Z-- 5'EE YR 66 ( 464, -__i, - 4 7. 5' ' 8 1 65', 2 7. y:L1E/4 5Y� 3 59' 5 52.L...---59' 6/ 59' t 0 i1 `-'/ 10 / iIl 35 12/ Al 14 25' 15 YR 16°I 1 YR 58 -65= 57 v 4R\ 6n'1 —651- cu 4:. Yk. b - 44 -5' 5'- ;9i45 50' STREET , 69 44 ,.__Elf____ 25' 67 2, -5' YR 66 ( 464, -__i, 25' 2 63' 4 7. 5' 63' 5 UE r } 1019 ,1I7. 2:5,.5 YR 3._ $ "22 _ 23 - ��I..1..�w� 65' � 0 68 L 65 oN 64 _,,..5,- 63 - I\ I 62 \ -\\ 61 N 'R. 25' 59 5' UE YR 58 -65= 57 v 4R\ 6n'1 —651- cu 4:. Yk. b - 44 -5' 5'- ;9i45 7 5 \ 46 . - .;947 \ -75'- 48 YR \7,,`- N 49 - gip.` 50\ -6-5 51 \ 35` N 2 7. 5' 53 25' ., 54 R � �• 0 S5'° Y EE _ — 26 - - 7. ' 28 53' EE_ - - - �? EE- - 50' ST R ET ce 1— w r 'II 65 II 1,.b11-`1"/1 _63_ YR_ YR 3 63' 63' 5 63' 25' 2 63' 4 7. 5' 63' 5 UE r } 1019 ,1I7. 2:5,.5 YR 3._ $ "22 _ 23 - ��I..1..�w� 65' EE ,,..z _2_3_ -, 7 64 I1 iw/ _63_ 63' 3 5 63' 25' YR/ �3 7. 5' 63' 4 UE- -- Il9 1-'19 -- 20 7. 5 ' 21 63' - UE 22 3� ��I..1..�w� 65' 63' ,,..z 5' EE 24 25 Ir - _63_ 63' 3 EE IL 1 11-=65' 25' YR 1 2 3 63, 5 ��I..1..�w� 65' 63' 7, 5' UE 14 y� / 15 63' 16 7. 5' 7. 5' UE 63' 27 1019 20 21 22 23 I~ 7. 5' 34 25' 25' YR - — _,_ 5' EE 6 7 655 24 25 6 64_ 24 7 64 2 50' STREET STREET '— —J— 8 7 EE 63' 63' — IL 1 11-=65' 63' 63' 7 5' EE 6511 18 w _T63 8 9) _ — 10 63' — 11 _63' — 12 _63' — 13 63' 14 y� / 15 63' 16 7. 5' 63' 17 UE 1.-:---- 2 63' 27 28 28 29 30 1 63' 32 25' 63' 33 YR 7. 5' 34 25' UE 35 YR >II 36 I - — _,_ 30 _ Y 5' EE_ 26 STREET '— —J— 8 7 EE 63' 63' — IL 1 11-=65' 63' 63' 5' 16 63'_ 8 6 63' 10 63' 11 63' 12 63' 13 63' -14 7 7' } .5— UE =64' 16 YR 17 64_ 63'- 26 2728 27 ----- 29 30 / /1 7. 5'1E 32 33 325, 35 YR 31 32 33 3 26 27 \ 28 29 30 5V STREET _ EE 63' 63' — IL 1 11-=65' - YR 14 63' - 15 63' 5' 16 63'_ 8 6 9/ 63' 1.0" 63' 11 63' 12 63' 25' 13 63' II 26 27 28 29 30 31 32 33 34 25' 9 52' 10 53' 11 12 7. 5' 20' 13 UE 31 32 33 3 26 'I - 5' EE 63' 63' — IL 1 11-=65' 2 63 25' 3 7. 5' YR 4 UE 5 63' {y. IOlg 1' ,�\E'E 20 . 5' 21 25'YR�� UE "2 23 �. 8 \ 64' 6 64' 24 7 64 25 50' STREET 64, ,` 52'_ 3 UE — 20' 4 53' — — ---- -- 8 62' 5' i — �� —�— 25' YR -55' 16 1 '5 \ 8 \ 64' 9 35' 10 63' 11 63' 12 63'63' 13 14 63' 1 11 9 52' 10 53' 11 12 7. 5' 20' 13 UE 31 32 33 3 26 27 \ 28 29 30 25 Y .1- ^ 26 52' 27 7. ' 28 53' UE 29 52' 30 20' 31 YR >I 211 32 Ne 14 yRilEi Js 123 R/UE 20 50' STREET 15 -75- UE EE 25' YR 15' UE 1717 23' 3 TRACT 48 TRACT 55 WM. ROBERTSON FARM TRACTS, 2005045722, O.R., BALANCE OF 185 AC TRACT 1 2 4 0 1 ifo MELVIN ESTATES UNIT 1, V. 75' ST. ROW1 CL CR 26-' 1072. 2 27. 5' ST. DED. 23. 75' 41.F 13 1 214h 8 10 ce C-1 60' STREET\ROW 7/5 35 YR 18 65'>- 36 6 369 I 122 w 0 Ice 30 cull' 31 I' 7.5JE - 7 wl 3Y2 1 V 33 34 J ' YR/UEI S' 55' DR. RO 54' 54' i1 2 n55 54' 4 20' YR 15' 5 54' UE 6 54' 15 7 54' UE 8 54 54 9 50' 50 10 11 L__ 70' 63' SSD 121? 13 - 72,124....../ 14 01 20' YR - F 50' STREET _-� 51' 51' 51' 15' UE 19 20 21 22 23 EO' YR 51' 51' 51' 24 25 51' 51' 26 27 51' 20' Y 29 51' 30 51 15' UE 20. 00 AC. TRACT, DOC. NO. 2005027456, O. R. , LONDON IND. SCH DIST. 55' DR. ROW 31 32 51' 51' 33 51' 34 51' 35 51' SO' SIREET — - j� 1' 55' I�1 ID ,` 52'_ 3 UE — 20' 4 53' — — ---- -- 8 62' 5' i — �� —�— 14 � — -55' 16 1 '5 \ - 11 w 2 7. 5 20' 3 UE YR 4 52' 5 52 6 52' 7 52' 8 53' 9 52' 10 53' 11 12 7. 5' 20' 13 UE YR 14 52' 15 52' 55' 16 I i f7. 11,9 55' N- 5' 18 53' UE 19 52' 20 20' 21 YR 39 22 23 24 25 26 52' 27 7. ' 28 53' UE 29 52' 30 20' 31 YR >I 211 32 29 E ---- 26 32 33 34 35 ------- 36 37 20' 38 YR 39 40 - 41 CC SO' SIREET — - j� 1' 55' I�1 ID _5...m. 52'_ 3 UE — 20' 4 53' — — ---- -- 8 62' 5' i — —�— 14 � _ -55' 16 1 '5 \ 53' 2 7. 5' YR 5 52' — 6 52' 7 52' — 8 52' 9 52' 10 53' 11 7. 5' 12 UE 20' 13 52' YR 14 52' 15 52' IF 1017 I` 1--__5'€€T-c.-_,--- 771E--- 18 19 _�. 20 yR 21 38 22 - 23 - 24 - 25 26 7,571E 27 52' 28 53' 29 20' 30 YR 31 9,11 2 ,��i *"25 10 I`55 --rte 20 51' 28 YR 29 E ---- 26 32 50' STREET ✓ W ce 50' REET 15' JE(, 36 37 20' YR Elr 39 401 51' '. 1 1 62' 2 7. 5' 20'E�YR� 3 51' 4 7. 5' 51' ----`- ---- -- 8 62' 5' i —�— 14 � _ 116 51' 5'EE 51'51' 18 7. 5' 'I 1 65' 1I 1 w 25' 3 UE -62' ---20W-5T1 22 51' 23 51' 24 1 2 51' 20' 3 51' YR 6 7. 5' 7 UE 8 51' 9 51' 10 51' 11 51' 12 51' 20' 13 51' YR 14 51' 15 51' 16 51' 17 51' 19 UE 20 20' 21 51' YR 22 51' 23 51' ,��i *"25 10 I`55 __ 26 20 51' 28 YR 29 7.571E 30 51'51' 31 26 32 33 34 35 ------- 36 37 20' 38 YR 39 40 - 41 7.0/' 42 43 / 44 — ---- 45 20_ 46 YR 47 4891 55' - 34 r - 37' - 382 - � _,_20' ,-5'EE YR —�---T-THEE — — _-=-_,__=-.,_ 50' STREET 11 1 j 62' 2 7. 5' 20'E�YR� 3 51' 4 7. 5' 51' 5 UE ----`- ---- -- 8 62' 5' EE —�— 14 � _ 116 51' 5'EE 65 'I 1 65' 1I 1 w 25' 3 UE -62' ---20W-5T1 22 51' 23 51' 24 11 — 2 51' 6 51' 7 51' 8 51' 9 51' 10 51' 11 51' 12 51' 20' 13 51' YR 14 51' 15 17 51' 18 7. 5' 19 UE 20 51' 21 51' ,'--- 125 26 27 7.57UE 28 29 ---g— 30 31 32 33 — — 34 ---- 35 36„,...37-'.38 �20' 35 25' YR 39 51_ -- 40 41 — 7.UE 42 51_51' 51' 43 51' 44 45 46 20' ' 47 YR YR q 4891 II``55' 1� T_5,201R -�� _1I, 21_,.' - 34 r - 37' - 382 - � _,_20' ,-5'EE YR —�---T-THEE — — _-=-_,__=-.,_ — ---__,7--_,_7-- --- 50 STREET 09 55' 108 52' 107 52 20' YR 106 105 52' 52' 52' 104 7 5' 52 103 JE 102 52' 101 52' 100 99 52' 52' 98 52' 52' 97 7 52' 2W1 1 \5 94 93 965' U- 52<,28'155' 92 52' 91 90 sa' 52' 89 52 20 88 87 52' 52 YR/ 52' 52' 52' 86 85 84 83 82 2 52' 7. 5' UE 81 52' 80 52' 79 52' 78 52 77 52' .... 20' YR 55' 76 75 74 73 72 71 70 w 52' 7. 5' l 52' 52' 52 35 36 63' 63' 7. 5' UE 63' 37 38 39 63' 25' YR 5' TE 63' 40 41 42 43 44 45 7. 5' 46 UE 47 25' YF 48 497,, Ib50 63 63' 63' 63 63' 63 50' STREET 63 5'EE_88'j TEE 62' 2 7. 5' `" `-- ----`- ---- -- 8 62' 5' EE —�— 14 � _ 5'EE 5'EE 65 'I 1 65' 1I 1 w 25' 3 UE -62' YR 4 — 5 _62' _ — 67 62' — 63' 9 62' 10 62' 111-2--1-3 62' 62' 62' 62' 15 7. 5>� 25' 16 YR YR 17 63_ 1 1811 w > 11'-b 015 1-.19 7.571E 20 YR_62' 21 ------- 22 23 24 25 26 27 22 28 29 -- 30 31 32 7.571E 33 63' \ >I YR ,1 �~ 55' u --TEE 35 25' >1 36 0l YR 1 --- 39 YR — -�-r---�--T-�-- — _ ------T25'YR — — 25 S; 5'EE T------T-��-S'EI— S52, -�� _1I, 4'64, 17 ' UE 4 35 18 1 36- 50' STREET 165 51 62 52 53 54 55 62' 6252' 62 56 62 57 58 59 25' 62' -5'-EE 7. 5' 60 YR 62' UE 61 62' 62 rz2' 63 62 7. 5' 64 65 62' 62' UE 66 62' 62 67 68 25' YR EE 62' 65'y' 691 50' STREET --5'EE `" `-- ----`- ---- --_EE— 5' EE _J 5'EE 5'EE 6-- 5 1 w 62'62 2 7. 5' 3 UE 25' 4 62' YR 5 62' 6 62'62' 7 8 62' 25' 9 63'62' YR YR 10 11 62' 12 62'62' 13 14 _62- 62' 15 7. 5' 62' 16 UE 25' 17 63' YR 1 18 6 t 1-1 > 0 19 1125'YR dl --SEE 7. 5'UE 20 21 - - 22 - - 23 - 24 - - 25 26 27 28 19 — 30 31 T 32 T— 7. 5'UE 33 34 35 25' >1 36 0l YR 1 --- 39 YR r --T — _ ------T25'YR 7. 5' 23 UE 24 25 S; 5'EE T------T-��-S'EI— 61' 29 25' - 5'EE_11. 165 51 62 52 53 54 55 62' 6252' 62 56 62 57 58 59 25' 62' -5'-EE 7. 5' 60 YR 62' UE 61 62' 62 rz2' 63 62 7. 5' 64 65 62' 62' UE 66 62' 62 67 68 25' YR EE 62' 65'y' 691 50' STREET 50' STREET �5'EE I' 25' 1 S `" `-- ----`- _ --_EE— 25' 9 61' YR 10 61'61' _J J 5'EE _— 19 65' 1 20 II _ LI 1'_5, 1 1 65' 25' 2 61' YR 3 61' 61' 4 7. 5' 61' 5 UE 61' 6 61' 7 61' 8 11 12 61' 13 61' 14 61' 15 61' 25' 16 61' YR 17 7. 5' 61' 18 UE ---- 21 1~ 22 25' 23 YR 7. 7u 24 25 26 21 27 -------------- 28 29 25' 30 YR— 31 32 33 34 35 36 7. 5' 37 61' 38 25' --- 39 YR , 40 0 ' EE 7. 5' 23 UE 24 25 - 5'EE T------T-��-S'EI— 50' STREET �5'EE I' 25' 1 `" J- 61 4 ----`- 5'EE— YR J 5'EE in — 20 1 YR 2 61' 3 5 '-7 81,29_1-0- 25' 44— —12 —13' '14 15 16 17 25"' '16 19 1 w65' 60'_7. 5' UE — 61'-61' ol 61_ 61' — — 61'— — 61' 61' 611' 61' 7_5' UE - 61'_61' - 65'?i - ---- I> 1021 I ~25' 22 7. 5' 23 UE 24 25 26 18 O — 28 61' 29 25' ---- 30 YR 31 32 33 34 35 —_ 7.5'UE- 36 37' - 382 - Y39 rf>II 40 0I ,-5'EE YR —�---T-THEE — — — — — ---__,7--_,_7-- --- 5' EE_ k11 10 3 26 *)7/,ts:, 125 1 124 123 CI 1122232) 4 I 28 C-3 75' STREET yOW L 112136'1 V'°19232 ' 92 118 17 MR/UE7 15 14 I 122 18 122' 1 1910 )20 13 12 cu 1 lin 122' 1 10 1 122' 1 23 ql24 LI 25 6 122' 1 7 122' 2 27 1 4 112, 29 102 1 30 107' 1 50 Li Y 6r R/UE 16 r 123' 1 108' ` k15 123' 18 1 19 NI 12 cu • 1 I 20 1:d 123'11 21 d cu 22 9 11 10 123' 1 23 6 123' 1 25 123' 1 123' • 6 J1 26 Lr9 27 j 123' Frt 29 10 dI 4 I�1 YR/1T by 16 r. 17 123' 108' 15 123' 13 12 1 r10 1331239' I 123' 1 7 ce L 11;3, 108' �{I 15 3 lin 14 1 n 123' 18 19 NI 20 12 cu 1 / 1o8= 0I10'YR/UE b 16 -1-08' ` C-1 60' STREET ROW yRIATI o 16 123' hi 21 j 11 I 123' 4 10 22 9 1 28 NI 12239' 61 ri-t 25 i‘cip 123' 1 123' 7 I 27 Lai Lj 1323' d C-3 75' STREET ROW 50' 18 1 123' 1 12 j PL 21 j 123' 1 1 10 1 123' 1 236 26 L 28 NI Frt 29 10 5 17 126' k 11 14 1 134' 18 I 13 19 4 12 al I 126' 1S-1 13.er A- 22 n 9 24 9 126' 1 1 27 29 d 134' Li w r CO O co 25. 00 AC. TRACT, DOC. NO. 2008018783, 0. R. , L I SD SOO° 52' 36" E 3 TRAIL LN gIL 1362. 29' NATASHIA L z J Z Q L❑CATI❑N MAP - 1— O U Q � 00 ) o 0" O lT7 0� 2 U 0- Z R O ,0 Z o > J BALCHUCK LN CAITLYN LN 1" =1500' U O OC 0 J H 6 M U Q O CO \ Q U - O F O (Y) 000 Q Q O RJ O Q` cu<E L) y J CO o oJ c Ln Ln LLI RIVER EDGE DR - 1 DIGGER LN OD COMMERCIAL LOT 1, 15. 033 AC C-1 60' STREET ROW 111' "rfl 11: I 45 0') 42 IT 41 47 r -Z:9 ;3;37' 2 48 130' REMAINDER OF 136.31 AC. TRACT, DOC. NO. 2016041530, O.R, THE WILLIAM EARL HENSCH TRUST,WILLIAM EARL HENSCH, TRUSTEE,5027 HOLLY ROAD, PASADENA, TX 77503, 713 417-7122 ANNA BELLE HENSCH, 1009 PEERMAN PLACE, CORPUS CHRISTI, TX 78411, 361 444-5800 RETTA MAURINE KASPER, 4805 VELMA, KILLEEN, TX 76542, 254 462-2976 CORPUS CHRISTI COMMUNITY CHURCH, 4833 SARATOGA BLVD #259,CORPUS CHRISTI, TX 78413,SCOTT MCDONALD 361 420-0022, ALSO JAMES F. DODSON, 4222 FM 665, ROBSTOWN, TX 78380, 361 877-3222 SOUTH TEXAS CHILDREN'S HOME LAND MANAGEMENT. PO BOX 548, BEEVILLE, TX 78104-0548 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF NIXON M. WELSH, P.E. NO. 36240 OF BASS AND WELSH ENGINEERING, F 52. IT IS NOT TO BE USED FOR CONSTRUCTION OR BIDDING PURPOSES. 50' r 11 1110' YR6/UF1 16 11 1E-1 1T30 16 14 131' C-1 60' STREET ROW 102 d 12 11 In pL j 130' 9 1 249 13, 7 25 26 130' 1 5 W 131' Frt 29 d in 130' 1 2 Y/ LJ 1 14 11 r r 115' I 6 cu 4 1 115' C-3 75' STREET ROW 75' z COMMERCIAL LOT 1, 41, 341 AC C-3 75' STREET ROW 0 CLIMMERCIAL 23 20 15 REMAINDER OF 136.31 AC. TRACT, DOC, NO. 2016041530, O.R. LOT 1A, 7.680 AC 14 13 12 9 LOT 1B - 14. 000 AC. TO CL STREET AND INCLUDING 15' STREET DEDICATION ALONG FM 43, 12.853 AC. EXCLUDING PROPOSED STREET RIGHTS-OF-WAY 8 RIVER EDGE VILLAGE PHASE 1, V. 69, P. 154, M. R. *A 446. 408 ACRE TRACT OF LAND, MORE OR LESS, AND CONSISTING OF: TRACT 1, A 293. 041 ACRE TRACT OF LAND,THE REMAINDER OF A 256.56 ACRE TRACT, VOL. 229, P. 236, D. R. AND THE REMAINDER OF 252.688 ACRE SECOND TRACT, VOL. 1066, P. 140, D. R. AND BEING A PORTION OF THE LAND DESCRIBED BY DEED, DOC. NO. 2009010903, O. R., TRACT 2, A 10.08 AC. TRACT OF LAND DESCRIBED BY DEED, DOC. NO. 2017010862, O. R., AND TRACT 3, A 144. 570 ACRE TRACT OF LAND, BEING CALLED 144.30 ACRE THE ABOVE THREE TRACTS BEING PORTIONS OF ONE OR MORE OF SURVEY 135 ABSTRACT 581, CERTIFICATE 29, SURVEY 137, ABSTRACT 579, CERTIFICATE 31 AND SURVEY 139, ABSTRACT 577, CERTIFICATE 33, SAID SURVEYS NAMED CUADRILLA IRRIGATION COMPANY, NUECES CO., TX 7 6 5 4 3 2 C-1 60' STREET ROW DEDICATION 0 15' STREET - DEDICATION 10 In' CY LJ LOXLEY DR —CR 49 x -CL FM 43 /-CL LOXLEY DR .2r*—S89° 03' 43" W 297. 55' 50' CL OF PRIVATE DRIVE TO FARM 1513, 64' 50 65' 0 125' 250' 500' BASS & WELSH ENGINEERING TX SURVEY REG. NO 100027-00, TX ENGINEERING REG. NO. F-52, 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 PRELIMINARY PLAT KINGSLANDx DWN. CHK. N. WEI SH PLOT SCALE: SCALE (H): SCALE (V): DATE PLOTTED 1" = 250' SAME NONE 5/23/19 COM. NO. JOB NO. PREL 18068 SHEET 1 OF 2 in I J1 137' 11 ol 111' "rfl 11: I 45 0') 42 IT 41 47 r -Z:9 ;3;37' 2 48 130' REMAINDER OF 136.31 AC. TRACT, DOC. NO. 2016041530, O.R, THE WILLIAM EARL HENSCH TRUST,WILLIAM EARL HENSCH, TRUSTEE,5027 HOLLY ROAD, PASADENA, TX 77503, 713 417-7122 ANNA BELLE HENSCH, 1009 PEERMAN PLACE, CORPUS CHRISTI, TX 78411, 361 444-5800 RETTA MAURINE KASPER, 4805 VELMA, KILLEEN, TX 76542, 254 462-2976 CORPUS CHRISTI COMMUNITY CHURCH, 4833 SARATOGA BLVD #259,CORPUS CHRISTI, TX 78413,SCOTT MCDONALD 361 420-0022, ALSO JAMES F. DODSON, 4222 FM 665, ROBSTOWN, TX 78380, 361 877-3222 SOUTH TEXAS CHILDREN'S HOME LAND MANAGEMENT. PO BOX 548, BEEVILLE, TX 78104-0548 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF NIXON M. WELSH, P.E. NO. 36240 OF BASS AND WELSH ENGINEERING, F 52. IT IS NOT TO BE USED FOR CONSTRUCTION OR BIDDING PURPOSES. 50' r 11 1110' YR6/UF1 16 11 1E-1 1T30 16 14 131' C-1 60' STREET ROW 102 d 12 11 In pL j 130' 9 1 249 13, 7 25 26 130' 1 5 W 131' Frt 29 d in 130' 1 2 Y/ LJ 1 14 11 r r 115' I 6 cu 4 1 115' C-3 75' STREET ROW 75' z COMMERCIAL LOT 1, 41, 341 AC C-3 75' STREET ROW 0 CLIMMERCIAL 23 20 15 REMAINDER OF 136.31 AC. TRACT, DOC, NO. 2016041530, O.R. LOT 1A, 7.680 AC 14 13 12 9 LOT 1B - 14. 000 AC. TO CL STREET AND INCLUDING 15' STREET DEDICATION ALONG FM 43, 12.853 AC. EXCLUDING PROPOSED STREET RIGHTS-OF-WAY 8 RIVER EDGE VILLAGE PHASE 1, V. 69, P. 154, M. R. *A 446. 408 ACRE TRACT OF LAND, MORE OR LESS, AND CONSISTING OF: TRACT 1, A 293. 041 ACRE TRACT OF LAND,THE REMAINDER OF A 256.56 ACRE TRACT, VOL. 229, P. 236, D. R. AND THE REMAINDER OF 252.688 ACRE SECOND TRACT, VOL. 1066, P. 140, D. R. AND BEING A PORTION OF THE LAND DESCRIBED BY DEED, DOC. NO. 2009010903, O. R., TRACT 2, A 10.08 AC. TRACT OF LAND DESCRIBED BY DEED, DOC. NO. 2017010862, O. R., AND TRACT 3, A 144. 570 ACRE TRACT OF LAND, BEING CALLED 144.30 ACRE THE ABOVE THREE TRACTS BEING PORTIONS OF ONE OR MORE OF SURVEY 135 ABSTRACT 581, CERTIFICATE 29, SURVEY 137, ABSTRACT 579, CERTIFICATE 31 AND SURVEY 139, ABSTRACT 577, CERTIFICATE 33, SAID SURVEYS NAMED CUADRILLA IRRIGATION COMPANY, NUECES CO., TX 7 6 5 4 3 2 C-1 60' STREET ROW DEDICATION 0 15' STREET - DEDICATION 10 In' CY LJ LOXLEY DR —CR 49 x -CL FM 43 /-CL LOXLEY DR .2r*—S89° 03' 43" W 297. 55' 50' CL OF PRIVATE DRIVE TO FARM 1513, 64' 50 65' 0 125' 250' 500' BASS & WELSH ENGINEERING TX SURVEY REG. NO 100027-00, TX ENGINEERING REG. NO. F-52, 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 PRELIMINARY PLAT KINGSLANDx DWN. CHK. N. WEI SH PLOT SCALE: SCALE (H): SCALE (V): DATE PLOTTED 1" = 250' SAME NONE 5/23/19 COM. NO. JOB NO. PREL 18068 SHEET 1 OF 2 PLANNING COMMISSION FINAL REPORT Case No. 1019-08 INFOR No. 19ZN1033 Planning Commission Hearing Date: October 30, 2019 Owner: The William Earl Hensch Trust, Anna Belle Hensch, Retta Maurine Kasper, Corpus Christi Community Church, and South Texas Children's Home Land Management Applicant: MPM Development, LP. Location Address: 1442 Farm -to -Market (FM) 43 Legal Description: Tract 1: Being 363.121 acre tract of land, more or less, a portion of 144.30 acre first tract and 252.688 acre second tract, both tracts described by deed, Volume 1066, Page 140, Deed Records of said county and being a portion of the net land described by deed, Doc. No. 2009010903, Official Records of said county and being a portion of a 256.56 acre tract described by deed recorded at Volume 229, Page 236, said deed records, and being a portion of Survey 135, Abstract 581, Survey 137, Abstract 579 and Survey 139, Abstract 577, said surveys named Cuadrilla Irrigation Company, Nueces County, Texas Tract 2: Being 83.287 acre tract of land, more or less, a portion of 144.3 acre First Tract and 252.688 acre Second Tract, Volume 1066, Page 140, Deed Records of said county and being a portion of the land d escribed by deed, Document No. 2009010903, Official Records of said county and all of a 10.08 acre tract described by deed recorded at Document No. 2017010862, said official records and also being a portion of Survey 135, Abstract 581, Cuadrilla Irrigation Company, Nueces County, Texas Located along the north side of Farm -to -Market Road 43, east of Digger Lane, and west of County Road 33. From: "OCL" Outside City Limits (Annexed as "FR" Farm Rural District) To: Tract 1:"RS-4.5" Single -Family 4.5 District Tract 2: "CN -1" Neighborhood Commercial District Area: 446.41 acres Purpose of Request: To allow for the construction of single-family homes on Tract 1 and commercial development on Tract 2. co a) u c 'Ev) o N -0 a� c cco w Existing Zoning District Existing Land Use Future Land Use Site "OCL" Outside City Limits Agricultural Planned Development North "OCL" Outside City Limits Vacant Outside City Limits South "OCL" Outside City Limits Vacant and Agricultural Planned Development East "OCL" Outside City Limits and "RS -4.5" Single -Family 4.5 Vacant and Public/Semi-Public Planned Development West "OCL" Outside City Limits Low Density Residential Planned Development Staff Report Page 2 Area Development Plan: The subject property is located within the boundaries of the London Area Development Plan and is planned for a planned development area. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District and "CN -1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 053034 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,800 feet of street frontage along Farm -to -Market 43 which is designated as an "A3" Primary Arterial Street. According to the Urban Transportation Plan, "A3" Primary Arterial Streets can convey a capacity of between 30,000 and 48,000 Average Daily Trips (ADT). § • I. -O ri Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Farm -to - Market (FM) 43 "A3" Primary Arterial 130' ROW 79' paved 100' ROW 70' paved N/A Staff Summary: Requested Zoning: The applicant is requesting on a property that is currently being annexed as "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District and "CN -1" Neighborhood Commercial District. Development Plan: The subject property is 446.41 acres in size. The owner is proposing approximately 1,445 single-family residences and small commercial development along FM 43. Existing Land Uses & Zoning: The subject property is currently located outside of the City limits of Corpus Christi and is not currently zoned. As part of the annexation process, the property will be zoned "FR" Farm Rural District. To the north are properties that are also located outside of the City limits and Oso Creek. To the south and west are properties that are also located outside of the City limits and consist of vacant properties with agricultural uses and large tract single-family homes. To the east are a vacant properties that are also located outside of the City limits and the London School District. 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. Utilities: Water: 16 -inch C900 line located along FM 43. Wastewater: No wastewater access is located along the subject property. Staff Report Page 3 Gas: No gas access is located along the subject property. Storm Water: Oso Creek is located to the north of the subject property. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for a planned development area. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District and "CN -1" Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • 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). • 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 6). • Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. (Future Land Use, Zoning, and Urban Design Policy Statement 6). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is 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. • London School District is located to the east of the subject property at the intersection of County Road 33 and Farm -to -Market Road 43 (FM 43). • Large tract single-family residential subdivisions have been constructed along the FM 43 corridor and receive City water service. However, none of these subdivisions are currently served by City wastewater services and are serviced via septic tanks. Staff Recommendation: Approval of the change of zoning on property that is currently being annexed as the "FR" Farm Rural District to be rezoned to the "RS -4.5" Single -Family 4.5 District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2). Staff Report Page 4 Planning Commission Recommendation (October 30, 2019): Denial of the change of zoning on property that is currently being annexed as the "FR" Farm Rural District to be rezoned to the "RS -4.5" Single -Family 4.5 District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2). Public Notification Number of Notices Mailed — 42 within 200 -foot notification area 1 outside notification area As of October 25, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.03% 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) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-08 Hench, Kasper, etc. (MPM)/Council Documents/Report - 1019-08 Hench, Kasper, etcl.docx Staff Report Page 5 Exhibit A WESLEY -WY OJ 2218 — CR 19 s1 2S 29 92 0 400 00 Feer 40 13 42 FM43 16_-13L4 beret md:1wlenole— Priep& JBY: JeremYM —UepaRmeni 8fOevelopnieni eervir is-, CASE: 1019-08 ZONING & NOTICE AREA RM -1 Multifamily 1 R11-2 Muttlfamlly 2 R15-3 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 lint Dev. Overlay RS -10 Single -Family 10 R5-9 Single -Family 5 95d.5 Single -Enmity 4.5 RS -TF Tvo-PamEty 58-15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SubzcoPmO Owfaesr 4 ownerswim zoo lsreenn owne attached ownership tab n X in opposition LOCATION MAP City of Corpus Christi SUBJECT PROPERTY u Sources: Esri, HERE, Garmin, IJSGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap Staff Report Page 6 Persona Wrth disabilirtes planning to all nd U LS meeting. who may require Special services, Bre requested to Contac -t ole Deuetopmerrl Services Department at Feast 48 hours In advance at (361). 826-3240 Personas can ,rppacidedee, qua henen sa intenciOn de aelstlr. esi. aj 5111. TI: reran ssrviclus eSpSCrales, se fes supIrca que den .Viso 48 horel.pple_S de I J rr I1amando a1 cepartamerrto de se+vrDas de desarrollo. al ndimerg X61) 626-3240. If you wish 10 address the Commission during lite meeting and your English is Ilmded, please call the Development Services Depar1merst at (361) 826-3240 at least 46 7icwr5 In ad++anne to request an interpreter be present dun the meeting EsatfiltscxqLdiripirsQ a la commission durante la junta y su moles es map f2vQr in hamar al departamento de servicios ae desarrallo al nUmera (361) 826-3240 al rneno_Q.4.0 horas antes de la junta para sohcjr un inter) eta ser eresente durante la. lur!k� C1! Y PL4NNJNG COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 1079-08 The it I, i m E Rams r Trir3L Ann Belle lierrsch, Retra Maurine Kasper, Corg23 Cx I ill Community Church, end SOuth Texas Children's Horne Land ManaylemCrrt has petitioned me City of Corpus Christi Lo con ide' a change of zoning of property currency tieing annexed train the "FR" Farm Rural dlatrIct Le the "RSA-ir }Single#amity 4.5 District (Tract 1} and "CN J" Neighborhood Commercial District fTrect 21, resulting in a criar1g11 tp the Future Land Use Map. The property to Le 'atoned is descnbed as 1442 Farm -to -Market {FIAT 42 and dos.rtbad as Tract 1: Being 363.121 acrs tract of land, more Or less, a portion of 14.1-30 acre first tract and 252.686 acre second tract, both tracts described by deed, Volume /088, Page 140, Deed Records of said c4Unty end being a portion of the net rand deecrlbe.d by deed, Doc- No - 2009010543, Official Records or said county and bem4 8 portion of a 256.58 acre tract deSCri tied Thy deed recorded at Volume 229, Page 236, said deed reicords, and tieing a portian of Survey 135, Abstract 561, Survey' 137, Aestravt 479 and Survey 139- Abstract 577, said surveys ,trained Cuadnlla Irrigation Company, Nuoces County, Texas. Track 2: Being 63.287 acre tract of lend. more or less. a pOrtipn of 144.3 acre First Tract and 252.658 acre Second Tract Volume 100c, Page 140, Deed Records of said county and being.$ portrorl of the land d ascribed by deed, Document No. 2409040943, Official Records of said county and all of a 44,06 acre Fra t{fcsCrrbcd b peed recorded at Document No, 20170101E2, said official records and also being a portion of Survey t35, AhStratt 581, Cuadrilla trrigatian Company. 1luccct County, Texas. Located along the north side of Farm -to -Market Road 43, east Of DI $ger Lane, and west of County Road 33. The Planning Commission may recommend 10 CIIy Coungd approval or denial, of appruVol pf an intermediate zoning classification andlor Special Permit Approval of a charge of zoning, if .inconsistent with 1hs City's Comprehensive Piaci, win also have me effect of amending the Cgmprehengive Plan 1Q reflect the apprOVeci lrorlirlg. The Planning Commission will candud a public hearing for this r6.egrt rig requeel 10 tl Cuss ilnrt formulate a recommendation to the City Ceunoi The public hearing will tie held on Wednesttdyf, October 30. 2119i eurng ore or Crie Planning Commission's regular meetings, whin begins at ¢:80 a-rn in the City Council Chambers, 14th Leopard Street. Vo., I a invited Id attend this public heanng lo exprem you+ view$ OA !NS re2oning requzst. For more information, pree9e call (361) 526-3240 TO BE ON RECORD, PHIS FORM MUST f5E F OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED tN ITS ENTIRETY T13 THE DEVELOPadENT SEf vICES DEPARTMENT. P. 0 BOX 9277 COFiPu5 CHRISTI, TEXAS 754E9- 6277 ANY INFORMATION PROVIDED BELOW BECOME #LiBtIC RECORD. NOTE. In necordance with ttse Manning Comm I eoicn By -Laws, no diaCustion shall be held by a member or rnwnlrwrA nr this Cern inissron with an applica n t or appetlsnt concerning en application or appeal, either at home or office, ar in person, by telephone rail. or by letter. Prinked Name: dr f +dans, `f q 71) R CI1y/State dcoi,c O l L i[+ I Phar / "T — 0.7546 } IN FAVOR REASON �iry OPPOSITION SEE rA9P ON AEI/MS-6 SrJE +NFOR Case No 19Zr 1132 Piapart.)Owner ID. 24 fe c7' d 62r7;) case- Nn 101408 Prolcd Manager. Andrew Dunes EnialI Arxl,er,Ol@ceLe%es.com Staff Report Page 7 NOTTINGHAM ACRES UNIT 1 & 2 HOMEOWNERS AND SURROUNDING DING NEIGHBORHOODS October 22, 2019 The city planning commission has set a public meeting on Wednesday October 30, 2019 to discuss aprovai or opposFtion to the rezoning of the land (rezoning case No. 1019-0&) located on FM 43 across Imam Nottingham Acres and next to London ISD. This is a concern for Nottingham Acres and al! seri ouncting neighborhoods. We need to attend this meeting in opposition to this case, 85-4.5 and CN -1 is inconsistent with the neighborhood context. The rezoning will have a significant impact on the charater, quality and property va ues of the homes in our neighborhoods. Our neighborhoods are rural areas in the county, The values of our properties are $400,000.00 and above. The R-4.5 zoning if approved would allow a very dense development with the smallest homes allowed by the Residential Development Standards. It vw+ill be hard to pilose this r zorfir% with only a few residents receiving the riotices. The requirement is to send out rezoning notices to properly owners within 200 feet of the rezoning project. This was not effective for our concerns, In reality this was only a few homeowners. The rapid development that is planned w I have a negative impact on the London ISD, our children's valuble education will suffer from overcrowding. All the homes and apartments to be built in this rezoning falls within the London ISD district boundries, The traffic backup and accidents that occurs along Fivi43 in front of London ISD is already a rrajor ccna;ern. The CN -1 a'0ning would allow mutt-farnily and apartment complexes to be built, We as homeowners roust attend the public meeting to show our opposition to this rezoning. Please see attached notice, charts from the city nrdinaces and W Aon 15D bcpunndry map, V i laud attend this public meeting, Please RSVP to NottinghamacresufIt1HOA grnalLcorn / Additional Informational meeting Monday October 28, 2019. Time and place to be announced 1 Voluntary Annexation & Rezoning Case #1019-08 in the London Area for King's Landing Subdivision Tract 1: "RS -4.5" Single -Family 4.5 District Tract 2: "CN -1" Neighborhood Commercial District City Council Presentation November 19, 2019 Background • The Texas Local Government Code Section 43.028 provides for a process that allows a property owner to petition for annexation. • On September 10th, 2019, a petition requesting annexation was received from the landowners (MPM Development, The William Earl Hensch Trust, Retta Kasper, and Corpus Christi Community Church) • Staff developed the required service plan and conducted the required public notice for annexation. • On October 30, 2019, the Planning Commission held a public hearing on the rezoning and recommended denial of the landowners' request. • Planning Commission does not make recommendations on annexation. Aerial Overview Subject Property Proposed Development Plan King's Landing Subdivision: ❖ 446 acres total ❖ 363 acres of "RS -4.5"4. District in yellow (1,446 dwellings) 83 acres of "CN -1" _. Neighborhood Commercial in red %1 ❖ 10 acres for a church Average unit sales price estimated at $270,000 •'• Commercial value estimated at $60/square foot • , i7 i4i iL ' IY Y$ jr S• .0 ax: If K]1IS .sl.ao.:a 114.1146""'‘..,e 1110,11:412,:i IN EN Ea z .4-• EL ,.x .c.m . . 6 ..,. - IF) Wama ZSLa AZ AC .10 at7ti167.e a•Pq ig11.t aq : r ad� . 4-4 ititit '11"144.1,1 '�.5..... �la lag 7.0 0).TOS IIMMAsOriffl LI IAD. y n\ aor (D 4 Zoning Pattern 41A Macau mg .1.1 41.011111: mei 41. 0 IC xi min 11 ft MINIM MOB 1111,112 IN 1 -Jo j111 IP awl 111 MEM — SUBJECT PROPERTV Re.4.5 23119 -77 r7 4 it •/, .©DL NL 5 Fiscal Impact Analysis —General Fund Average Cost/Revenue Method: ❖ Population = 325,605 ❖ Non -Farm Empl. = 186,969 ❖ Service Population (Pop.+ 1/2 Jobs) = 419,090 ❖ Av. Household size = 2.7 ppl Revenue Estimate: ••• •:• Estimated increased property tax and sales tax revenues Per -capita estimate for other General Fund Revenues (ex. Solid Waste) Cost Estimate: ❖ Per -capita estimate for General Fund Expenditures (est. $624 per capita) Note: Not all General Fund Revenues and Expenditures projected to increase. Example: Fire Department Budget $58,484,506 / 419,090 = $139.55 per person 1,446 households x 2.7 persons per household x $139.55 = $570,151 Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Fiscal Impact Analysis —General Fund Projected Increase in General Fund Costs & Revenues (1) BUILDOUT Projected Increase in Annual General Fund Expenditures ($2,522,000) Projected Increase In Annual Ad Valorem Tax Revenues (M&O)(2) $1,622,500 Projected Increase In Annual Sales Tax Revenues (General Fund) $223,100 Projected Annual Increase In Other General Fund Revenues $659,000 Projected Net Annual General Fund Impacts ($17,400) (1) Rounded to the nearest $100. (2) Excludes ad valorem tax revenues that are designated for residential street reconstruction. Increasing average housing unit value assumption to $28OK results in a Positive Net Annual General Fund Impact of $47K at buildout. Sources: FY2018-2019 City of Corpus Christi Adopted Budget; 2017 Census Population Estimates; 2017 American Community Survey; 2017 Texas Workforce solutions Quarterly Census of Employment and Wages Report. Staff Recommendation Approval of the requested annexation and rezoning. Land Use Existing Land Use Future Land Use Vacant Q Public/ Semi -Public Residential Estate Drainage ■ .w , _ Commercial Low Density Residential Medium Density Residential Government ( ) Permanent Open Space Planned Development Low Density Residential Public Notification 41 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 YkeQ Nt 8 10 UDC Requirements FM 43 nI �er�-Ar Buffer Yards: CN -1 to RS -4.5: Type B: 10 ft. & 10 pts. Setbacks: RS -4.5 CN -1 Street: 20 feet 20 feet Side/Rear: 5 feet 10 feet Parking: RS -4.5 CN -1 2 per DU Based on Use Uses Allowed: RS -4.5 Single -Family Homes, Home Occupations, Group Homes. Uses Allowed: CN -1 Retail, Office, Restaurants, Hotel, and Multifamily Uses. 11 Utilities OUBJECT PROPERTY • Water: 16 -inch C900 Wastewater: Not yet Available Gas: Not Available Storm Water: Oso Creek 12 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 DATE: TO: October 5, 2019 Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 1000 Sixth Street CAPTION: Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of a of a 112 -unit senior housing community. BACKGROUND AND FINDINGS: The subject property is 1.48 acres in size and is currently zoned "RM -3" Multifamily 3 District and "ON" Neighborhood Office District. The applicant recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf Villa, located at 416 N. Chaparral Street, a 111 -unit mid -rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979. The Fish Pond at Corpus Christi will be a new 112 -unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that the Department of Housing and Urban Development (HUD) transfer the Section 8 Contract and relocate the residents to the new development. The property currently sits on vacant land and is currently zoned "RM -3" Multifamily 3 District and "ON" Neighborhood Office District. The Future Land Use Map designates the area for mixed use development. The proposed Planned Unit Development (PUD) will be high density. Amenities for the development will include community structures and support structures including decks, pool, and porches. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development is generally consistent with the with the adopted Comprehensive Plan (Plan CC). This rezoning does not have a negative impact upon the surrounding neighborhood. The subject property is suitable for the uses proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 112 -unit senior housing development. The proposed PUD will also facilitate the renovation of Sea Gulf Villa located downtown for reuse as an apartment building. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. Public Input Process Number of Notices Mailed 42 within 200 -foot notification area 5 outside notification area As of October 5, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 2 inside notification area 0 outside notification area Totaling 3.94% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development with conditions on September 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property as Sixth Street right-of-way between Hancock Avenue and Buford Avenue, being 0.63 acre tract of land out of Lots 1-22. Block 4 and 5, Bay Terrace Addition as recorded in Volume A, Page 23, Map Records, Nueces County, Texas, and 0.38 acre tract, out of Sixth Street, as recorded in Volume A, Page 23, Map Records, Nueces County, Texas as shown in Exhibit "A": from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development The subject property is located at or near 1000 Sixth Street. Exhibit A, which is a map of the subject property with Metes and Bounds and Exhibit B, which is the Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan, are attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development granted in Section 1 of this ordinance is subject to the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 112- unit senior housing development. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This PUD shall expire in accodance with Section 3.5.9. of the UDC.. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 7 Exhibit A EDIT *A" LEGAL DESCRIPTION BEING A 038 ACRE TRACT N IDECES COVITYY, TEXAS A 0.38 ac.re tract, out of 6" Street, as horded in Volume A. Paw 23, Map Rc arils, Nukes County, Texas, Said 0.313 acre tract being morn particurarly described as lrollnws BEGINNING at a set 5!8" iron rod with red plastic cap stamped 1-IANSON CRP. TX". (hereto for referred as set iron rod), at fltc intersection of nth right-of-way of Hancock Avenue gnu! the west right, of -way of 6th Street, for the northeast corner of Lot 1 1,'#lock 5, Ray Terrace, recorded in Volume A_, Page 23, Map Records, N uece County, Texas, FROM WHENCE. a found iron rod For the northeast co m er of J et 23. Bleak 4, re -corded in Volume 56„ Page 47, Map Record, Nueces County, Texas hears Norah 85'48'14" East, 177,50 feet; THENCE North $5°4814" East, with Ithe south right-of-way oFHl.nnock Avenue , a distance of 60.00 reel to a sat iron rod on the east right -of --way line of 6'h Street, for the northwest caner of Lot 12, Block 4, said Bay Terrace, and the northeast comer of the heroic* described tact; ftNCE South 04*03 3Y'° East, with the east right-of-way of 6th Street, Same being the west boundary of said Block 4, a distance of 275.00 feet to a set iron rod for the southwest comer of Lot 22, Block 4 and the southeast corner of the herein describt d trach THENCE South 35°4S'14" West, with the north right-of-way of Buford Avenue, a distance of 60.00 feet to a set iron rod on the west right-of-way Zine of 6'h Street., for the southeast corner of Lot t, said Block 5 and the southwest corner of the herein dnseribed tract; THENCE North 04908'39" West, with the west right -of --way of 6th Street a distance of 275,00 fent to the POINT OF BEGINNING and containing 0.38 acre of land, or 16,500 square feet- NOTIt=ALL BEARINGS ARE GRID BEARINGS RASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 198.3}. Stacey I3i_ii414Tjira. RPLS Registered Professional Land Surveyur Texas Registration No. 6166 Hanson Professional Services Inc, TRPE F' 417 DIMS F'# 100395-80 Date: Page 4 of 7 -Page 1cif 1 6 ILL0 enmi VT" G . 9 P ;1f 111;0i 4g. ittgEogrgE 1£ LZ :01 tg b fi € r cp 2 E1 kcrl E. 101 41101 Ca . i _ J44—_10-1HDIa • 3 rDi L KYfi a I I Page 5 of 7 ij .11 Iia 11 ij=L.ii a � J iii it ivt z h b 4 '.7 11 il I'l 111q! 11 :iii pUi ii[rIyiilir i i 1i I${ ti 1,i (r,il 3l1 i'i ' 1 T i1 IjiIjiII:iII'I I 11 ll1 is I J ItI ;Li. ` T ==li` Si I. i i I ill z i i i I! I. i ; r I ' ! 1! r / f f 1 t t ; - 1 r 6 L 1, ! I T i Iii i a r i l t I�ig ��i a11i0 1r'I # r i g t i�� F�• x r ' F 1. � i1 i { 1 k I' a 1 ! #1 I F. nom rl 11 I 11"14 I TY 11 dlija z 111F211 :4411111 '111.11 zlik0 NIP Pi 41 Oa I Mg 1:111 11 41 111 421 a 11 RRAV 4Ik 9 Page 6 of 7 m� c m Orn m� C� ? q4 m� m z F. -,n151=1 m5 rep En: xfl —t Eh -1 F IE xir Lac La T a • 61 z 0 fv -J �I 4 F rd ae r 7 II' I IF+ a•• 1111 1 I e� • rn RP 4� -1 o (� r'- C.- nAi1f�ij o�y th- =4 1on Or: LPI o = w tel g . • 2 0 r z c <Co Tri 0 -n Page 7 of 7 FISHPOND LIVING AT CORPUS CHRISTI PLANNED UNIT DEVELOPMENT (PUD) CORPUS CHRISTI, TEXAS OWNER FISHPOND DEVELOPMENT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. ARCHITETTURA, INC. DESIGNER: FRANK POLLACIA SEPTEMBER 2019 HANSON: 19I0047A HANSON Engineering 1 Planning I Allied Services 4501 Gollihar Road, Corpus Christi, Texas 78411 • Tel 361-814-9900 • Fax 361-814-4401 • www.hanson-inc.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 4 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 6 VEHICULAR AND PEDESTRIAN ACCESS 7 PARKING REQUIREMENTS 7 TYPICAL CROSS SECTION 11 SITE PLAN 13 reir 4 HANSQN FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 2 DEVELOPMENT DESCRIPTION The FishPond at Corpus Christi Planned Unit Development (PUD) is located on 1.48 acres, being a portion or all of Lots 1-11, Block 5, Lots 12-22, Block 4, Chamberlin and Ropes Bay Terrace Addition, of Volume A, Page 23, Lot 23, Block 4, Bay Terrace Addition, of Volume 56, Page 47 and all the right of way Sixth St. closed by ordinance number XXXXXX. The developers recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf, located at 416 N. Chaparral Street, a 111 - unit mid -rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979, but will need a complete rehabilitation. FishPond at Corpus Christi will be a new senior living 112 -unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that HUD transfer the Section 8 Contract and relocate the residents to the new Property. The property currently sits on vacant land and is currently zoned RM -3 (Residential Multifamily -3) and ON (Office). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-3/PUD. The proposed PUD will be high density. This PUD do not have any proposed balcony and limited windows will face the existing single family properties. These windows will be proposed as translucent (light goes through it but objects on the other side can't be seen clearly). DEVELOPMENT LOCATION MAP Google Maps Imagery Date: August 2017 HANSON. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 3 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: LOT LAYOUT The following is the Lot Layout for the development: 1 RESIDENTIAL LOT MI COMMON AREA LOT n ' lUI.TIFAMlLY Lot PUD BOUNDARY PROPERTY BOUNDARY LINE HANCP ' K A VE. _ _ ---V gq'F1GH 1 BUFO _ - �� 54' NIGH PROPERTY BOUNDARY LINE DAVE --- -OF-yvAY HANSON . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 4 CURRENT LAND USE ZONING North of Property Hancock Ave. RM -3 South of Property Buford Ave. ON East of Property Multifamily/Commercial RM -3 & CG -2 West of Property Multifamily/Single Family RM -3 & ON LOT LAYOUT The following is the Lot Layout for the development: 1 RESIDENTIAL LOT MI COMMON AREA LOT n ' lUI.TIFAMlLY Lot PUD BOUNDARY PROPERTY BOUNDARY LINE HANCP ' K A VE. _ _ ---V gq'F1GH 1 BUFO _ - �� 54' NIGH PROPERTY BOUNDARY LINE DAVE --- -OF-yvAY HANSON . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 4 DEVELOPMENT DEVIATIONS The following table indicates the Development Deviations for the Multifamily (RM -3) Lot: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RM-3/ON) PUD REQUIREMENTS Max. Density (Units/Acre) 37 75.7 Min. Open Space (% Site Area) 30% 37% Yard Requirements (Minimum in Feet) Street — Non- Corner 20' 20' Street—Corner 15' N/A Side — Single 10' 10' Side — Total 20' 20' Rear 10' 10' Max. Height UDC 4.5.3.0 60' 60' Single Family Setback UDC 4.2.8.0 1:2 Ratio = 80' 37' (No balcony and limited windows are translucent) Buffer Yard UDC 7.9.5.A Type A Buffer (10 feet + 5 points) 8' Privacy Solid Fence DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: O J DESCRIPTION BLOCK NUMBER LOT NUMBERS Multifamily Lot 1 1 MULTIFAMILY LOT DESCRIPTION REQUIREMENTS Yard Requirements (Minimum in Feet) Street — Non -Corner Street —Corner Side — Single Side — Total Rear 20' N/A 10' 20' 10' Building Height — Maximum in Feet 4 -story (shall not exceed 60') Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. HANSOi . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 5 OPEN SPACE LAYOUT The following is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (ACRE) Total Area of PUD 1.48 Total Non -Open Space (Impervious Area) 0.94 64% Total Open Space (Pervious Area) 0.54 36% HANCOCK Aff_ . 6d RIGH T- OF WA •47av e-1 OPEN SPACE BUILDABLE AREA STREET PAVEP.ENT & L)RA/EV/AY ® SSDEVALX RID BOUNDARY HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 6 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular Access for the development is indicated below. The entrances into the development will provide a 26 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 26' wide from the parking spaces. Additional vehicular access are not permitted. IVEHMCULAN ACCESS TO HANC OCKAVE SIDEWALK (TO MATCH EXISTING WIDTH NOT LESS THAN 4 FEETI 230 0U' HANcoqg AVE_ n7 a4nF. WA > EXISTING RTW SUS STOP ATHANC OCK AVE b PARKING AREA (97(20' SPACES) PARKING AREA (a'SPACES) APPROXIMATE TRASH AREAS L. PARKING AREA (9727 SPACES] IVEHICULAR ACCESS TO SUFOR DALE InSTREET PAVEMENTE'AMWAY SIDE WALK POD BOUNDARY gJFORD AVE !4 R1G+n OF. W.49 „T I' PARKING AREA (9720' SPACESi Lam_ 3r IAI ' TM CAN UA ST SIDEWALK (TO MATCH EXISTING WIDTH NOT LESS THAN I FEET) PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS PER UDC QUANTITY OF UNITS QUANTITY OF PARKING REQUIRED PER UDC QUANTITY OF PARKING PROVIDED Multifamily RM -3 1.5 per one bedroom 112 168 56 (0.5 per unit) Multifamily RM -3 Guest Parking 1 per 5 units 112 23 11 (1 per 11 unit) Office Lease/Other 2.4 per 1000 SF GFA 1 (1,308 SF) 3 4 Total: 194 71 Note: There are several reasons that justify a significally reduced parking amount as follow: • Parking can be provided anywhere within the limits of the development. • This will be a property designed for lower income seniors and the property will have a Regulatory Agreement running with the land that will restrict change in use, and thus change in demand for parking for 30 years. • Comparable senior properties with 1.5 spaces per unit do not use current capacity. See photos on next sheet. • Bus stop within 230 feet from the property limits. • The existing Sea Gulf Apartments has only 30 off-street parking spaces and they are not fully utilized (see photos on following page following page). The ratio of car ownership is 0.25. 30 out of 116 tenants own a vehicle. Document of information were provide to Development Services. The proposed development will have more than twice of the current parking spaces. HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 7 COMPARABLE SENIOR PROPERTIES Lasa Klcaroo - Kingsville, TX 60 units Senior - Parking Ratio 1.50 space / unit Villas at Beaumont - McAllen, TX 36 units Senior - Parking Ratio 1.50 spaces 1 unit HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 8 Sea Gulf Villa- Corpus Christi, TX 111 units Senior Er HANSOR FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 9 HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 10 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: Private Drive will meet IFC 2015. PROPERTY BOUNDARY LINE LOT 1 BUFORD AVE__.r -6- /7Z1 -1T -OF -WAY 1.11•1 PUD BOUNDARY --- UTILTY OR DRAINAGE EASEMENT - - YARD RED UIREM ENT HANSON . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 11 Cross Section A PL Cross Section B 20 PARKING SPACE 26' PAVEMENT/FIRE LANE PL d � I ` rI i ✓'I e 6' 26' .�. 20' PAVEMENT/FIRE LAW PARKING SPACE Multifamily structure is for illustration purposes only. Multifamily structure will vary. avie Ael HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 12 SITE PLAN _ _-ter.-_ - l;AtiCOCK_ AYEi4UR t0 FLARE _ „t. 100 r,ur. + i _ - �' RIGHT-OF-WAY St,y�yWM[ F� mi.4111 ll ..."..II. 110;..1 1.: 9 10 FLARE 8' PRIVACY SOLID FENCE AEw uc 0.R Ueda 277x15 0CI .ASSO 0t 10. S :0110001 26.00 x000 . 8' PRIVACY SOLID FENCE 36.02 UN55040 - .......................... go ugglou um 9.09 ............ 2600 . tgir Ws 3' FLARE 9100 27.16 37.17 }26.00 1111111 V{ 1111 Crtin . augrkt .. agg g E 15.00 20.00 tier tile 10 FORE BUFORD AVENUE - Ea RIGHT-OF-WAY HANSOi . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 13 11( 4it r 115 14I 461 a z a r N r-' _1f Deparmem Date Creatert.818/2079 Developm8eymSeen emicye.14s .rY CASE: 0819-02 Aerial with Subject Property Subject Property Corpus Christi Bay LOCATION MAP PLANNING COMMISSION FINAL REPORT Case No. 0819-02 INFOR No. 19ZN1020 Planning Commission Hearing Date: September 18, 2019 Applicant & Legal Description Owner: Annette Berry Cottingham Applicant/Representative: Fish Pond Development, LLC. Location Address: 1000 block of Sixth Street Legal Description: Sixth Street right-of-way between Hancock Avenue and Buford Avenue, being 0.63 acre tract of land out of Lots 1-22. Block 4 and 5, Bay Terrace Addition as recorded in Volume A, Page 23, Map Records, Nueces County, Texas, and 0.38 acre tract, out of Sixth Street, as recorded in Volume A, Page 23, Map Records, Nueces County, Texas located north of Buford Avenue, south of Hancock Avenue, east of Seventh Street, and west of Fifth Street. Zoning Request From: "RM -3" Multifamily 3 District and "ON" Neighborhood Office District To: "RM-3/PUD" Multifamily 3 District with a Planned Unit Development Area: 1.48 acres Purpose of Request: To allow for the construction of a 112 -unit senior housing community. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Medium Density Residential North "RM -3" Multifamily 3 Medium Density Residential Mixed Use South "ON" Neighborhood Office Medium Density Residential and Public/Semi-Public Mixed Use East "RM -3" Multifamily 3, "CG -2" General Commercial, and "ON" Neighborhood Office Medium Density Residential, Professional Office, Commercial, and Public/Semi-Public Mixed Use West "RM -3" Multifamily 3 and ON Neighborhood Office Low and Medium Density Residential Mixed Use ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Downtown Area Development Plan and is planned for mixed uses. The proposed rezoning to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development is generally consistent with the adopted Comprehensive Plan (Plan CC). Map No. 045043 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Hancock Avenue which is designated as a Local/Residential Street, approximately 165 feet along Buford Avenue which is designated as a "C1" Residential Collector Street, and approximately 275 feet along Sixth Street which is designated as a Local/Residential Street and is proposed to be closed. According to the Urban Transportation Plan, "C1" Residential Collector Streets can convey a capacity of 1,000 to 3,000 Average Daily Trips (ADT). Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Hancock Avenue Local/Residential 50' ROW 28' paved 40' ROW 22' paved N/A Buford Avenue "C1" Minor Residential Collector 60' ROW 40' paved 60' ROW 30' paved N/A Sixth Street Local/Residential 50' ROW 28' paved To be Closed N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development to allow for the construction of a 112 -unit senior housing community. Development Plan: The subject property is comprised of 1.48 acres. The developers recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf Villa, located at 416 N. Chaparral Street, a 111 -unit mid -rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979. The Fish Pond at Corpus Christi will be a new 112 -unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that the Department of Housing and Urban Development (HUD) transfer the Section 8 Contract and relocate the residents to the new development. The property currently sits on vacant land and is currently zoned "RM -3" Multifamily 3 District and "ON" Neighborhood Office District. The Future Land Use Map designates the area for mixed use development. The proposed Planned Unit Development (PUD) will be high density. Amenities for the development will include community structures and support structures including decks, pool, and porches. None of the proposed amenities will protrude into the required yards or easements. This PUD does not have any proposed balconies and limited windows that will face the existing single-family neighborhood to the west. These windows will be proposed as translucent (light goes through it but objects on the other side can't be seen clearly). This PUD is designed for lower income seniors and the property will have a Regulatory Agreement running with the land that will restrict the change in use. Staff Report Page 3 The entrances into the development will provide a 26 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 26' wide from the parking spaces. As part of the PUD submittal, the applicant is requesting a reduction of the required number of off-street parking spaces. The current development (Sea Gulf Villa) was surveyed to determine private vehicle ownership. Of the 116 tenants, only 30 tenants own private vehicles. Therefore, the provided 71 off- street parking spaces will adequately serve the housing complex. Recently, Development Services Department staff have granted alternative parking plans to reduce off-street parking requirements as the Unified Development Code (UDC) does not address parking requirements for senior housing. Comparable senior properties with 1.5 spaces per unit do not use current capacity. Additionally, a Regional Transportation Authority (RTA) bus stop is located approximately 230 feet to the east of the property along Santa Fe Street. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RM -3" Multifamily 3 District and the proposed Planned Unit Development (PUD) and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions "RM -3" District Standards Proposed PUD Deviation Maximum Density 36 Units per Acre 75 Units per Acre Yes Minimum Open Space 30% 37% No Minimum Front Setback 20 ft. 20 ft. No Minimum Street Corner 15 ft. 15 ft. No Minimum Side Yard 10 ft. 10 ft. No Minimum Rear Yard 10 ft. 10 ft. No Maximum Height 60 ft. 60 ft. No Building Setback (1:2 Ratio) (UDC 4.2.8.C) 80 ft. 37 ft. (No Balcony or Window Visibility) Yes Zoning District Buffer Yard (UDC 7.9.5.A) Type A Buffer (10 ft. and 5 points) 8 ft. Solid Fence Yes Off -Street Parking (Multifamily Residential) 194 71 Yes Existing Land Uses & Zoning: The subject property is currently zoned "RM -3" Multifamily 3 District and is vacant land. The properties consist of former single-family residences along Sixth Street. To the south are properties zoned "ON" Neighborhood Office District and are comprised of single-family residences and a professional office use. To the north are properties zoned "RM -3" Multifamily 3 District and consist of single and multifamily properties. To the west are properties zoned "RM -3" Multifamily 3 District and "ON" Neighborhood Office District. The properties consist of single and multifamily residences. To the east are properties zoned "ON" Neighborhood Office District, "RM -3" Multifamily 3 District, and "CG -2" General Commercial District. The properties consist of multifamily and professional office uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Staff Report Page 4 Plat Status: The property is not platted. Utilities: Water: 6 -inch ACP line located along Hancock Avenue. Wastewater: 6 -inch VCP line located along Hancock Avenue. Gas: 2 -inch Service Line located along Hancock Avenue. Storm Water: Road side inlets located along Hancock Avenue. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development is generally consistent with the with the adopted Comprehensive Plan (Plan CC). The following policies of Plan CC should be considered: • Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. (Housing and Neighborhoods Policy Statement 2). • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Encourage the protection and enhancement of residential neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote the stabilization, revitalization and redevelopment of older 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 3). • 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 generally compatible with the adopted Comprehensive Plan (Plan CC). 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 subject property is suitable for the uses proposed by this Planned Unit Development (PUD). The proposed PUD utilizes vacant lots to create a 112 -unit senior housing development. The proposed PUD will also facilitate the renovation of Sea Gulf Villa located downtown for reuse as an apartment building. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. • The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable. Staff Report Page 5 Planning Commission and Staff Recommendation (September 18, 2019): Approval of the change of zoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 112- unit senior housing development. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification Number of Notices Mailed — 42 within 200 -foot notification area 5 outside notification area As of September 13, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 2 inside notification area — 0 outside notification area Totaling 3.94% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Planned Unit Development (PUD) Guidelines and Master Site Plan 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2019\0819-02 Fish Pond Development, LLC\PC Documents\PC Report_0819-02 Fish Pond Development, LLC.docx Staff Report Page 6 1 71,11111111111iiii 111 SUBJECT P_RCPERTY R -eJ4P4k1112131111111A IF" HANCOAVE • an egArr,-- �� f0 Momingrez,.. t 7 74.mi 22 Sri all Ala II Ili BUFORD AVE to VI 9 �■3U25 s ■ , 38 28 a Ci▪ l Ul ✓ rell. IMMI lig 11111111161 1° 1111111 MI 111111 111111 MI 11111111 S CRAIG ST FURMAN AVE CASE: 0819-02 ZONING & NOTICE AREA RM -3 Multifamily 1 RM -2 Multifamily RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commerclal CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBO Downtown Commercial CR -9 Resort Commercial FR Farm Rural 11 Historic Overlay Bp BusIneas Park IL Light Industrial IH Heavy industrial POD Planned Unit Dev. Overlay RS -10 Single -Family 10 115-8 Single -Family 0 RS -.5 Single -Family 4.0 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate R5-TH TOWnh0use 5P Special Permit RV Recreational Vehicle Park RMH Manufactured Home 5W6h0&hpfrfO Owners raver 4 owners within 215'listedon �/ owners afhche0 ownership fabs rn opposition SUBJECT PRO RTY L'O'PUS LInrsr a\@4440 ,MORGAN AVE, S a/ w,q� 1.23 rye' �0.s LOCATION MAP P C ity of Corpus Christi FISHPOND LIVING AT CORPUS CHRISTI PLANNED UNIT DEVELOPMENT (PUD) CORPUS CHRISTI, TEXAS OWNER FISHPOND DEVELOPMENT, LLC SUBMITTED BY HANSON PROFESSIONAL SERVICES, INC. ENGINEER: CRAIG B. THOMPSON, P.E. ARCHITETTURA, INC. DESIGNER: FRANK POLLACIA SEPTEMBER 2019 HANSON: 19I0047A HANSON Engineering 1 Planning I Allied Services 4501 Gollihar Road, Corpus Christi, Texas 78411 • Tel 361-814-9900 • Fax 361-814-4401 • www.hanson-inc.com CONTENTS DEVELOPMENT DESCRIPTION 3 DEVELOPMENT LOCATION MAP 3 ADJACENT LAND USE AND ZONING 4 LOT LAYOUT 4 DEVELOPMENT DEVIATIONS 5 DEVELOPMENT GUIDELINES 5 OPEN SPACE LAYOUT 6 VEHICULAR AND PEDESTRIAN ACCESS 7 PARKING REQUIREMENTS 7 TYPICAL CROSS SECTION 11 SITE PLAN 13 4 HANSQN FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 2 DEVELOPMENT DESCRIPTION The FishPond at Corpus Christi Planned Unit Development (PUD) is located on 1.48 acres, being a portion or all of Lots 1-11, Block 5, Lots 12-22, Block 4, Chamberlin and Ropes Bay Terrace Addition, of Volume A, Page 23, Lot 23, Block 4, Bay Terrace Addition, of Volume 56, Page 47 and all the right of way Sixth St. closed by ordinance number XXXXXX. The developers recently acquired Sea Gulf Apartments with the intent to relocate the residents to this proposed development. Sea Gulf, located at 416 N. Chaparral Street, a 111 - unit mid -rise elderly building with a Section 8 contract for 100% of the units. This property was built in 1928 as a hospital and converted to apartments in 1979, but will need a complete rehabilitation. FishPond at Corpus Christi will be a new senior living 112 -unit community on the site which is approximately 1.2 miles south of Sea Gulf. Concurrently, the developer is requesting that HUD transfer the Section 8 Contract and relocate the residents to the new Property. The property currently sits on vacant land and is currently zoned RM -3 (Residential Multifamily -3) and ON (Office). The Future Land Use Plan designates the area as mixed use. The proposed zoning is RM-3/PUD. The proposed PUD will be high density. This PUD do not have any proposed balcony and limited windows will face the existing single family properties. These windows will be proposed as translucent (light goes through it but objects on the other side can't be seen clearly). DEVELOPMENT LOCATION MAP Google Maps Imagery Date: August 2017 HANSOM FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 3 1 ADJACENT LAND USE AND ZONING The following table indicates the Adjacent Land Use and Zoning at the time of the PUD: LOT LAYOUT The following is the Lot Layout for the development: RESIDENTIAL LOT MI COMMON AREA LOT n ' lUI.TIFAMlLY Lot PUD BOUNDARY PROPERTY BOUNDARY LINE HANCP ' K A VE. _ _ RIGH 6t1FO _ 54' NIGH PROPERTY BOUNDARY LINE DAVE --- -OF-yvAY HANSON . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 4 CURRENT LAND USE ZONING North of Property Hancock Ave. RM -3 South of Property Buford Ave. ON East of Property Multifamily/Commercial RM -3 & CG -2 West of Property Multifamily/Single Family RM -3 & ON LOT LAYOUT The following is the Lot Layout for the development: RESIDENTIAL LOT MI COMMON AREA LOT n ' lUI.TIFAMlLY Lot PUD BOUNDARY PROPERTY BOUNDARY LINE HANCP ' K A VE. _ _ RIGH 6t1FO _ 54' NIGH PROPERTY BOUNDARY LINE DAVE --- -OF-yvAY HANSON . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 4 DEVELOPMENT DEVIATION:, The following table indicates the Development Deviations for the Multifamily (RM -3) Lot: DESCRIPTION UDC- ZONING/PLATTING ORDINANCE REQUIREMENTS (RM-3/ON) PUD REQUIREMENTS Max. Density (Units/Acre) 37 75.7 Min. Open Space (% Site Area) 30% 37% Yard Requirements (Minimum in Feet) Street — Non- Corner 20' 20' Street—Corner 15' N/A Side — Single 10' 10' Side — Total 20' 20' Rear 10' 10' Max. Height UDC 4.5.3.0 60' 60' Single Family Setback UDC 4.2.8.0 1:2 Ratio = 80' 37' (No balcony and limited windows are translucent) Buffer Yard UDC 7.9.5.A Type A Buffer (10 feet + 5 points) 8' Privacy Solid Fence DEVELOPMENT GUIDELINES The following tables indicate the Development Guidelines for each lot type within the development: O J DESCRIPTION BLOCK NUMBER LOT NUMBERS Multifamily Lot 1 1 MULTIFAMILY LOT DESCRIPTION REQUIREMENTS Yard Requirements (Minimum in Feet) Street — Non -Corner Street —Corner Side — Single Side — Total Rear 20' N/A 10' 20' 10' Building Height — Maximum in Feet 4 -story (shall not exceed 60') Building Spacing — Minimum in Feet As per International Building Code Landscape Requirement Will be determined during building permitting. Maintenance Owner Improvements Allowed Community structures and support structures including decks, pool, porches, pavements, fencing, landscaping, utilities, etc. Improvements Placement Shall not protrude into the yard or easement(s), or beyond the property line (whichever is applicable) except for pavements, fencing, landscaping, utilities. HANSOi . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 5 OPEN SPACE LAYOUT The following is the Open Space Layout for the development: OPEN SPACE CALCULATION QUANTITY (ACRE) Total Area of PUD 1.48 Total Non -Open Space (Impervious Area) 0.94 64% Total Open Space (Pervious Area) 0.54 36% HANCOCK Aff_ . 6d RIGH T- OF WA •47av e-1 OPEN SPACE BUILDABLE AREA STREET PAVEMENT & L)RNEWAY ® SDENALK RID BOUNDARY HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 6 VEHICULAR AND PEDESTRIAN ACCESS The Vehicular Access for the development is indicated below. The entrances into the development will provide a 26 foot clear entrance/exit for emergency vehicles. The private drive within the development will be a minimum of 26' wide from the parking spaces. Additional vehicular access are not permitted. jVEKICULAR ACCESS TO HAHCGCK AVE SIDEWALK (TO MATCH f XIS71NG WIDTH NOT LESS THAN 4 FEE TI HANCOQCAVE f 177-7, 3000��HI- C1X- LJ„T I PAP. IHe AREA (9720' SPACES) PARKING AREA (9*A20' SPACE 51 APPROXIMATE TRASH AREAS PAR KRIG AREA (9727 SPACES] 1LEHICUL6R ACCESS TO EU FORD A.4 In STREET PAVE UENTE DRIVEWAY SIDE WALK �IIO B OU HOARY gJFORD AVE ■4R1G+tUF. W.4' PARX4NG AREA (9720' SPACES' E XISTIHG RTAJSUS STOP ATHANC OCK AVE b TM CM UA ST SIDEWALK (TO PATCH EXISTING Wont NOT LE SSTH AN IF EET PARKING REQUIREMENTS The following is the Parking Requirements for the development: LOT TYPE REQUIREMENTS PER UDC QUANTITY OF UNITS QUANTITY OF PARKING REQUIRED PER UDC QUANTITY OF PARKING PROVIDED Multifamily RM -3 1.5 per one bedroom 112 168 56 (0.5 per unit) Multifamily RM -3 Guest Parking 1 per 5 units 112 23 11 (1 per 11 unit) Office Lease/Other 2.4 per 1000 SF GFA 1 (1,308 SF) 3 4 Total: 194 71 Note: There are several reasons that justify a significally reduced parking amount as follow: • Parking can be provided anywhere within the limits of the development. • This will be a property designed for lower income seniors and the property will have a Regulatory Agreement running with the land that will restrict change in use, and thus change in demand for parking for 30 years. • Comparable senior properties with 1.5 spaces per unit do not use current capacity. See photos on next sheet. • Bus stop within 230 feet from the property limits. • The existing Sea Gulf Apartments has only 30 off-street parking spaces and they are not fully utilized (see photos on following page following page). The ratio of car ownership is 0.25. 30 out of 116 tenants own a vehicle. Document of information were provide to Development Services. The proposed development will have more than twice of the current parking spaces. HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 7 COMPARABLE SENIOR PROPERTIES Lasa Klcaroo - Kingsville, TX 60 units Senior - Parking Ratio 1.50 space / unit Villas at Beaumont - McAllen, TX 36 units Senior - Parking Ratio 1.50 spaces 1 unit HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 8 Sea Gulf Villa- Corpus Christi, TX 111 units Senior HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 9 HANSON. FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 10 TYPICAL CROSS SECTION The following are Typical Cross Section(s) for the development: NOTE: Private Drive will meet IFC 2015. PROPERTY BOUNDARY LINE LOT 1 BUFORD AVE__.r -6- /7Z1 -1T -OF -WAY 1.11•1 PUD BOUNDARY --- UTILTY OR DRAINAGE EASEMENT - - YARD RED UIREM ENT HANSON . FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 11 Cross Section A PL Cross Section B 20 PARKING SPACE 26' PAVEMENT/FIRE LANE PL d � I ` rI i ✓'I e 6' 26' .�. 20' PAVEMENT/FIRE LAW PARKING SPACE Multifamily structure is for illustration purposes only. Multifamily structure will vary. avie Ael HANSON FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 12 SITE PLAN 10 RARE 8' PRIVACY SOLID FENCE .WFO uc 0. KOCK 9 ERRACE A07.02I3 0CT 110. 0X JASSO TERRACE RAtiCOCK_ AYEi�UR f0 FLARE _ 61 O sur. + �' RICiiT'�_yyA7 1,3 FEEL SWORE F je .411 26.00 20.00 Pt 1 8' PRIVACY SOLID FENCE 311.02 . 50 SU . UN Re UOGIOU 9.09 ............ 2600 y� x tgir NES 3' FLARE 9100 27.16 37.17 }26.00 1111111 V{ 1111 �1 ClInts . augrkt .. agg g 15.00 i 20.00 tier tile f0'FLARE BUFORD AVENUE - Ea RIGHT-OF-WAY 11HANSOiti FISHPOND LIVING AT CORPUS CHRISTI (P.U.D.) Page 13 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 y cue requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al neamero (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 su ingies 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 HEA RING NOTICE Rezoning Case No. 0819-02 Fish Pond Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1000 block of Sixth Street including the entire Sixth Street right-of-way between Hancock Avenue and Buford Avenue, being 0.63 acre tract of land out of Lots 1-22. Block 4 and 5, Bay Terrace Addition as recorded in Volume A, Page 23, Map Records, Nueces County, Texas, and 0.38 acre tract, out of Sixth Street, as recorded in Volume A, Page 23, Map Records, Nueces County, Texas located north of Buford Avenue, south of Hancock Avenue, east of Seventh Street, and west of Fifth Street. 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 Pian, 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 18, 2019, 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: —1-0-.)< r 0, S- LLC' Address: ' s 3� 6 JlkS ,a iAz City/State: u 5 C Y11 54I f x ( ) IN FAVOR (4) IN OPPOSITION Phone. 3 b 1 � 9 g) -5 REASON:) SEE MAP ON REVERSE SI INFOR Case No.: 19ZN1021 Property Owner ID: 37 Signature Case No. 0819-02 j} j Project Manager: Andrew Dimas 5/10.ail k' ^� ��`�^ti�- pro -e- Email: AndrewD2@cctexas.com `•; U.S. POSTAGE >> PITNEY BowEs City of Carpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 37 048000050190 TEXTAN HOLDINGS LLC 15326 DASMARINAS DR Corpus Christi, TX 78418 ZIP 78401 $ 000.500 02 4Y4 0000340617SEP 06 201E' IiIMILM11_1211filini 1� 11as •• FUG 4AN•AVE - i 4 5... :.li9 l i �� 11 44 A _. .. HANCOCKAVE — —11111 lir PK" lti {{{ 'FFyI'`F PR©PERTY •• i • --BUFORD'AVE— _--CRAIG ST -- P ra sF• fR1 Q-02 SUBJECT PROPERTY WITH ZONING Su6yect Property ▪ + MURIIamIly 1 RIA -2 11uM1e.mly 2 4414-1 MuRHAm Iy GN P.4I...Ien1I0144. IM -AT MuRrramly AT CR- I BARIAPWRwT Com % CI I C11-2 4094r0or44.44 Cer111r,C1011l CR -1 R.Rert Comml+F4I CR•P RAAM Cpm m. R4i CG.1 Gemara] Ce4.1414re4. CG -2 Wn.r.I Commrce4l CI Nen.hn[o m..rel.r CBD Downtown Com m.rcor CAL Raul Co.Im.,.hl FR e.IV Rval H IP.tplc O4.r4.y BP BRAN.. P.Ik L LIkm IROMIC.l Hu.Y InAwnlll PVC B4ne.1 Il DM 0.. O..VAL RF•10 Sk. k•F.mly IC Rad 6F 04.44mlk e 21-4.1 S1rgl.•F.m iy 4.1 21-12 14ro-Famlry Ra -11 SIn6M-FAm1ry 113 AE Id.Rio1111 1 RS -LD iy.nheaoe SR SKR.l P.rn.I RV R.21.1124u1 Y.RR1. Palk RMA MA1UMe1A1.A Hem. 2,3 SUBJECT .�, ---. 41 PROPERTY Caau1 C r-Hrrl 1211 LOCATION MAP a e City of Corpus Christi i 1'I1€11'11 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 intenci6n de asistir a esta junta y que 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 diriqirse a !a commission durante la junta y su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al mends 48 horas antes de la junta para solicitar un interprete ser presente durante la junta.io 191 ifs /' 20 -) 2Z clocks q °1211- �.� zz CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-02 -- li$4,9.514— Iq+2o 4490 Fish Pond Development, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District and "ON" Neighborhood Office District to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 1000 block of Sixth Street including the entire Sixth Street right-of-way between Hancock Avenue and Buford Avenue, being 0.63 acre tract of land out of Lots 1-22. Block 4 and 5, Bay Terrace Addition as recorded in Volume A, Page 23, Map Records, Nueces County, Texas, and 0.38 acre tract, out of Sixth Street, as recorded in Volume A, Page 23, Map Records, Nueces County, Texas located north of Buford Avenue, south of Hancock Avenue, east of Seventh Street, and west of Fifth Street. 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 18, 2019, 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 OVVNER(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 Address: DC/: -.5 Wl °` ! I City/State: (p5 C 5 H 1 ex ~ ld 10_55 ( ) IN FAVOR IN OPPOSITION REASON411:S^14- . c .5 ?r,13-"AXrn,yl,�fi �•�+ s -11^14- b let SEE MAP ON REVERSE SIDE INFOR Case No: 19ZN1021 Property Owner ID 42 Phone: 36/ -29v -(so j5k*p* xs To, 140 Signature Case No. 0819-02 Project Manager Andrew Dimas Email AndrewD2@cctexas.com US. POSTAGE »)PITNEY BOWES City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 42 048000050210 TEXTAN HOLDINGS LLC 15326 DASMARINAS DR Corpus Christi, TX 78418 Je w IN — ZIP 78441 $ 000.500 02 4a 0000340617 SEP 06 2019 1 1 • -- --FURMAN- AVE-- —� 4 CI 1111111 •HAHCOCK AArr I I ' 111 1111 SUBJECT P_R'OPERTY. A r PI° r.Afa liA fr 111 IM VE— -- ---S11FORfl' A rr H I^-yBB�.I i Num awl lina 1 I ce- rNNS ISE: 0819-02 SUBJECT PROPERTY WITH ZONING FSu61ed } Properly RM -1 Huhn. In, 1 RM•z yynu.1nnv7 RM -3 Myhr}.rII33 OM Pr ores. ienaLOI&. RAI -AS I/unfAry AT 01-1 N..yhberhe.e Commerciei C11-2 R.!ph berheee Cerm erd.l CD -1 RAW f Cemau.a la CR -.1 Isom Comm. rt Ml CC:S GR..aI COmm.rcl.r *0.2 Gn...l C0..mbolet CI Y,y.m.e. Comnlerelal *20 Downtown Cemm.rc*l CR -3 R..e.1 Cemmarcu. FR Fnru Rur.1 N NM.erls Mertes BP s..h.m ren l I,lgl*lndus*oI M II..Ty 1ney.trl.1 PUB Planree 11nR per. Orer4Y *0.10 BNgI.-Famlly 1e os. Bln.1.-F..IIT 41. 20.1.S SYgIwF..N.y 1.0 RB -TF ]Wo -F. Wry RS -10 ]MBI.-Femlly 11 RE R..IS.MW Emu. 25-T1t Townhouse SP sp. de Pe.ML Ry 1Gc11ati0R1 Vehlclo Park NN M.nu0Rur.e Nem. rHAi,. SUBJECT PROPERTY 1l _� O•QGAN S/ �€ .p'�Ifa u y-- Ao I 1 % ILQC 1 COCA* Censor fro - AT!DN MAP s a Cily orf ('clrpu-. Christi '11► Ilii Zoning Case #0819-02 Fish Pond Development, LLC. Rezoning for a Property at 1000 Block of 6th Street From "RM -3" and "ON" To "RM-3/PUD" City Council November 19, 2019 Aerial Overview 2 Subject Property at 1000 6th Street '3...7,p).: 4 ) ,,T12),,, ,,01 ."..,., .....,„.---_ _ ____________...03------------7--- , , SUB IECTA ,a. PROPrER,TY BUFORD AVE I7_'— I GG -2 Vicinity Map 1l\ t (It(JI Cuy N At 5p , sa+ IjM.o Prepared 8y: Department of Developmen pc wnt • 4' (c) OpenStreetMap and contributors, Creative Ca?nmons-Share Alike License (CC -BY -SA) 3 Zoning Pattern 111111.1111P_ WPM" 0 .]Ea-- HEng©ch AwAig s c Chaco047 • _046• r, P�*- coo ._ _ �. oao 16477 v.17: OH rw . - y 110712 `1 ego 11042; Deviation Table Minimum Dimensions "RM -3" District Standards Maximum Density Minimum Open Space Minimum Front Setback Minimum Street Corner Minimum Side Yard Minimum Rear Yard Maximum Height Building Setback (1:2 Ratio) (UDC 4.2.8.C) Zoning District Buffer Yard (UDC 7.9.5.A) Off -Street Parking (Multifamily Residential) 36 Units per Acre 30% 20 ft. 15 ft. 10 ft. 10 ft. 60 ft. 80 ft. Type A Buffer (10 ft. and 5 points) 194 15 ft. No 37% Proposed PUD 75 Units per Acre Yes 20 ft. No No 10 ft. No 10 ft. No 60 ft. No 37 ft. (No Balcony or Window Visibility) Yes 8 ft. Solid Fence Yes 71 Yes Master Site Plan _ _ - l0. 111GfIT-Ov-MAY *v', e B' PRIVACY SOLID FENCE --.< 17 RAI. t nv mm t ace 8 PRIVACY SOLID FENCE On NM 8_ 1® 1N§ OINUO NOW 7RM 2Q 111 1111 - 1700 glCaCladMOI rumrtfil 1 l• ��,4lY l_ __ 0§- n ins M fLNM - BUIro(10 - + - - - - - - - -- l • 1 - -WAY if11. 2000 01 6 Planning Commission and Staff Recommendation Approval of the change of zoning to the "RM-3/PUD" Multifamily 3 District with a Planned Unit Development. PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Fish Pond Living at Corpus Christi Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of a 112- unit senior housing development. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification 42 Notices mailed inside 200' buffe 5 Notices mailed outside 200' buffer Notification Area Opposed: 2 (3.94%) In Favor: 0 (0%) 1511 G OH . SUBJECT PROPERTY 1 ish, HANCAC 7 A. ,� c� ®� 7 . i ' /� �� ..„,. Ud. ��• aupoan AVE � � isse lalim..1214 1114nA MI 1111111 OE aill 111111 111.1 CRAIG STEli- N wle maree:.anora "FEE ,,,„..,..,-/ Oeveluprtrerrl Servlre CI 9 UDC Requirements Buffer Yards: RM -3 to ON: Type A: 10' and 5 points RM -3 to CG -2: Type A: 10' and 5 points Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height) Parking: 1 BR — 1.5 spaces/unit 2 BR — 2 spaces/unit 1 space/ 5 units — Visitors Landscaping, Screening, and Lighting Standards Uses Allowed: Single -Family Homes, Duplexes, Apartments, and Day Care Uses. Utilities Water: 6 -inch ACP Wastewater: 6 -inch VCP Gas: 2 -inch Service Line Storm Water: Road Side Inlets 11 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 DATE: TO: October 5, 2019 Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department Al Raymond(a�cctexas.com (361) 826-3575 Rezoning a property at or near 14836 Granada Drive CAPTION: Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. SUMMARY: The purpose of the zoning request is to amend the development guidelines of a Planned Unit Development (PUD) to allow for short-term rentals and taller structures. BACKGROUND AND FINDINGS: The subject property is 2.35 acres in size. The applicant is proposing a gated community that will consist of twenty-seven (27) attached single-family units or townhouses with one common area (Lot 28). The density proposed is approximately 11.49 units per acre. The twenty-seven lots will have a minimum area of 1,400 square feet and the minimum width indicated is 16 feet. Vehicular access will be provided by a single 24 -foot wide two-way private access drive. Pedestrian access will be provided by a combination of an existing 4-5 foot sidewalk and proposed 3, 4, and 6 foot sidewalks. The common area amenities include a pool and related structures. A total of 73 parking spaces are to be provided compared to 60 required parking spaces. The development proposes to maintain the 30% open space requirement. Conformity to City Policy The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for Medium Density Residential uses. The proposed amendment to the development guidelines of the Planned Unit Development (PUD) is consistent with the adopted Comprehensive Plan (Plan CC). The proposed rezoning is 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 two amendments requested by the applicant are in regards to allowing for short term rentals and the removal of the building height limitation. Short term rentals are a common feature among planned unit developments on Padre Island. Short term rentals are similar to overnight accommodation uses which are also allowed in the "RM -AT" District by -right. The applicant is also requesting the removal of the height limitation to give design flexibility. The development will remain single-family townhouse development. If the applicant chooses to deviate from the townhome style of development the variance from the maximum height requirements will be voided. Public Input Process Number of Notices Mailed 55 within 200 -foot notification area 5 outside notification area As of October 1, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the amendments to the development guidelines of the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with the following conditions on September 18, 2019 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2. Building Height: The maximum height of any structure on the Property is 60 feet. 3. Rental Period: Units may be rented for daily, weekly, and monthly time periods. ALTERNATIVES: 1. Denial of the change of the amendments to the development guidelines of the "RM- AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the amendments to the development of the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay. Planning Commission recommended approval of the amendments to the development of the "RM- AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with conditions with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by amending the conditions of the Planned Unit Development for the subject property, Lots 33 and 38, Block 1, Section D, Padre Island -Corpus Christi and Lot 34R, Villas of Padre as shown in Exhibit "1". The subject property is located at or near 14836 Granada Drive. Ordinance 031071 (Exhibit 2) adopted "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development for the subject property. Exhibit B of Ordinance 031071 is repealed and replaced by Exhibit 3. Section 2 of Ordinance 031071 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: SECTION 2. The Special Permit Planned Unit Development 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 Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is /15 60 feet. 4.) Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6.) Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The 2 -way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) 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. 11.) Rental Period: Units may be rented for daily, weekly, and monthly time periods. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 5 City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit 1 CASE: 0117-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily RM -3 Multifamily 3 0N Professional Office kM-AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR.2 Resort Commercial 00-1 General Commercial GG -2 General Commercial CI Intensive Commercial 0110 Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay RP Realness Park IL Light Industrial IH Heavy Industrial POD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family ti R5-4.5 Single -Family 4.5 RS -TF Two -Family 125-10 Single -Family 15 RE Residential Fatale RS-TH TOWnhOUSe SP Special Permit Ry Recreational yah Icle Park RMH Manufactured Home Map Scale: 1.2.400 SUBJECT / PROPERTY WRITKAP W _uNE 1 (LOCATION MAP' 'd. City of Corpus Christi Page 5 of 5 Exhibit 2 Ordinance amending the Unified Development Code ("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in reference to Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM- AT/IO" Multifamily AT District with an Island Overlay to the "RM- AT/IO/PUD" Multifamily AT District with an Island Overlay and 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 SuperElite, LLC ("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, public hearings were held on Wednesday, January 11, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay, and on Tuesday, February 14, 2016, 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 by SuperElite, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive (the "Property"), from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay (Zoning Map No. 028026), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which is The Villas 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 Special Permit 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 Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 03107. 2.) Dwelling Units per Acre: The density of dwelling units on the Property shall not exceed 11.49 dwelling units per acre. 3.) Building Height: The maximum height of any structure on the Property is 45 feet. 4.) Parking: The property must have a minimum of 73 standard parking spaces (9 feet wide by 18 feet long). Parking is prohibited within the private street and pedestrian walkways. 5.) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 16 feet. 6.) Open Space: The Property must maintain a minimum of 30% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: The 2 -way private access drive shall not be less than 24 feet and shall be striped or marked to indicate "Fire Lane/No Parking." 8.) Pedestrian Access: Sidewalks shall be constructed and maintained as identified on the master site plan. 9.) Dumpster Screening: A minimum six-foot tall screening fence shall be constructed, maintained, and remain in place around a dumpster placed in the street yard. 10.) 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 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. Page 2 of 3 That the foregoing ori nce was ead for the first time and passed to its second reading on this the )1 1Way of 11,(api, 2017, by the following vote: Mayor Rudy Garza Vni c - Ac Paulette Guajardo Michael Hunter Joe McComb Ben MZflina Lucy Rubio Greg Smith Carolyn Vaughn That th foogoing ordin nce was read for the second time and passed finally on this ' the ] day of 1taki 017, by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn n 4. PASSED AND APPROVED on this the O `day (rWa.. Y� , 2017. ATTEST: PcLeAfi Rebecca Huerta City Secretary Ar -t (7. Qicuo tAf) Q Mayor perEhte, LLC.Sup4 fl{1 .10 1 Page 3 of 3 CASE: 0117-01 SUBJECT PROPERTY WITH ZONING r; Subject Property RM -1 Muhlramlly 1 RM -2 MuRlfami1y T RM -S ffiurtllnmlly ON Professional °Ince RM -AT Multifamily AT CH -1 Neighborhood Commercial CH.2 RCighbdrhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG•1 General Commercial CG•2 General Commercial CI kite naive Commercial CBO Downtown Commercial CR -2 Resort Commercial KR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy. industrial PUD Planned Unit Dew. Overlay RS -10 SIngle-Famlly 10 RS$ single-Famlly RS -4.5 Single• Famlly 4.5 RS -TF Two-Famlly RS -15 Single -Family 15 RE Residential Estate RS -Try Townhouse sP Special Permit RV Recreational Vehicle Park RMI !anufactured Home Map Scale: 1:2.400 SUBJECT PROPERTY rw►r. City of Corpus Christi The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: December 6, 2016 URBAN ENGINEERING TBPE Firm #145 T8PLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re -development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re -plat of the property will encompass Lots 33 and 38, Block 1, Padre island — Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re -development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Adjacent Land Use and Zoning Adjacent Land Use/Zoning: North — Vacant and Canal/RM—AT/IQ South — Vacant/RM—AT/IQ East — Vacant and Canal/RM—AT/!Q West — Vacant/RM—AT/IQ 1i❑i❑i11 Legend: Planned Unit Development (PUD) Boundary Common Area Lot Residential Building Lot Private Access and Utility Easemen+ J.pt Layout Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area — 20,000sf Shared Parking (Townhouse) — 1,600sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 45' Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Site Area — 102,337sf provided Shared Parking (Townhouse) — 1,400sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 0' Minimum Street Yard (Corner) — 0' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 0' Minimum Open Space — 32% provided Maximum Height — 45' (Actual 35') Required Parking: 1.5 per 1 bedroom — 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest — 5.4 or 6 required —19 provided 9 additional golf cart spaces provided Curb Type — None Sidewalks — combination of existing 4' and 5' wide sidewalks and proposed 3', 4' and 6' walks Paved Street Width — 24' minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use—Single Family Residential (Townhomes) Lot Area — Minimum 1,400sf Lot Width — 22' minimum 27' maximum Yard Requirements: Street: 10' along Granada Drive (except for wall), 0' along Private Access Street corner: 0' Side Yard: 0' Maximum building Height: 45' Minimum Building Spacing: 0' Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed. Four day minimum Development Guidelines For Common Area Lots (Lot 28) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: Single Story Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. LeaTnd: 1.11111111111 Planned Unit Development (PUD) Boundary 0 o e Common Area Residential Building Area Street Pavement Sidewalk Landscape Area Vehicular and Pedestrian Access Vehicular Access will be provided via o private two—way access drive. The access drive will vary in width and will be at a minimum, 24' from edge of pavement to edge of pavement. Pedestrian Access will be provided via a combination of existing 4' and 5' wide sidewalks, and proposed 3', 4', and 6' wide sidewalks as shown. Upend: FIIERrl9IItllNll111111II11g11I1111111111i[I11I111:IIti Planned Unit Development (PUD) Boundary Street Pavement Sidewalk Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided!garages} 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided Building Width Varies 1" Private Access and Utility Easement Building 1 Section A—A PLJD Boundary Building f, 27' Wide 35.5. Private Access and Utility Easement Private Access and >// Budding 4.25'4�� :111111111 UtIlty Easement v 24' Drive M Section C—G Walk LZ• Typical Cross—sectionl Park Section B—$ iiiff #y x�K►sir"a_wwrk: 11111111111111111 REE;14,A ifliOiHhIHIflHui 14. txcfr ‘Nt:leeN r— . 2C 0Z Mit ZAR cf qpg 1 iii iiiiirii1111111l iHHIIiiiiIIiIIIIIii s.. 1111111111011111 •4 0 1 INz 1323 idm® jL\f Iri 1 9 ;----ingg wi 0 11Pv; II,, - p--- IA M 8 E m mkessN7 $/22kq i 1Iit11""'I1IIIIIIIIL ❑ncr, 4111111111111111W :firs« --,A-.-^di IIlliii �i llDliliy Ih IIIIIhiiIIIIII !Fw Y:Y'[n RYA klsKw%[r ■r;;;;-:3 :i: •'� ver!k IIIliiudl.IIIIlIIII State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 1459960 PO # Before me, the undersigned, a Notary Public, this day personally came ( colic / who Cl being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval. Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy. was inserted in the Corpus Christi Caller -Times on: CC -Corpus Christi Caller -Times CC -Internet - caller.com 01/29/17 Sun 01/29,/17 Sun LEGAL SALES REPRESENTATIVE On this day of .� , 20 b 1 certify that the attached document is a true and exact copy made by publisher. L_JL) Notary Public, State of Texas MICHELLE JOYCE CABRERA My Notary ID # 124E64183 Expires March 19. 2020 Caller -Times Sunday, January 29, 2017 5E Legals NOTICE OF PUBLIC HEARING TO CONSIDER RE-IONING APPLICATION(S) IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on February 14, 2017 during a regular Council meeting which commences at 11:30 a.m. in the Coun- cil Chambers, City Hall, and 1201 Leopard Street, to con- sider the following zoning application which is/are an file in the Department of Development Services. At said time & place of hearing, persons & parties interested may appear before the City Council: Case No. 0117-01 SuperElite, LLC: From the "RM-AT/IO: Multifamily AT District with Island Overlay to the "RM- AT/IO/PUD: Multifamily AT District with an Island Over- lay and Planned Unit Devel- opment Overlay. The proper- ty to be rezoned is described as Padre Island -Corpus Christi, Section 0, Block 1, Lots 33 and 38, and the Vil- las of Padre lot 34R, locat- ed on the northeast side of Granada Drive and west of Leeward Drive. Case No. 0117-05 George Tin- tera and Ping lung Tmtera: A change of zoning from the "FR" Farm Rural District to the "CG -2" General Com- mercial District. The proper- ty to be rezoned is described as a 1.776 acre tract of land of a portion of Wade River- side Subdivision, Section 4, located on the south side of Northwest Boulevard between Carousal Drive and County Road 73. Informa- tion may be obtained by call- ing or visiting the Depart- ment of Development Ser- vices at (361) 826-3240, 2406 Leopard Street. /s/ Rebecca Huerta City Secretary Legais State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 1501184 PO # Before me, the undersigned, a Notary Public, this day personally came C . L4 t.JSOr) who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on: CC -Corpus Christi Caller -Times CC -Internet - caller.com 02/27/17 Mon 02/27/17 Mon LEGAL SALES REPRESENTATIVE On this b day of , 20 (.T1I certify that the attached document is a true and exact copy made by publisher. MICHELLE JOYCE CABRERA My Notary ID # 124864183 Exp'res March 19: 2020 Notary Public, State of Texas Caller -Times Monday, February 27, 2017 3E Legals NOTICE OF PASSAGE OF ORDINANCE(S) NO. 031070,0 rdinance amend- ing the Unified Development Code ("UDC"), upon applica- tion by Geordie Tintera and Ping Jung Tintera ("Own- ers'), "Own- ers ), by changing the UDC Zoning Map in reference to a 1.776 acre tract of land of a portion of Wade Riverside Subdivision, Section 4, from the "FR" Farm Rural District to the "CG -2" General Com- mercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. ante NO. 031071, amending the Unified Devel- opment Code ("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zoning Map in ref- erence to Padre Island -Cor- pus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, from the "RM-AT/IO" Multifamily AT District with an Island Overlay to the "RM-AT/IO/ PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay; amending the Corn- prehensive Plan to account for any deviations; and pro- viding for a repealer clause and publication. These ordi- nances were passed and approved on second reading by the Corpus Christi City Council on February 21, 2017. /5/ Rebecca Huerta City Secretary Exhibit 3 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: August 7, 2019 LEURBAN TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re -development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re -plat of the property will encompass Lots 33 and 38, Block 1, Padre Island — Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re -development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Adjacent Land Use and Zoning Adjacent Land Use/Zoning: North — Vacant and Canal/RM—AT/I0 South — Vacant/RM—AT/I0 East — Vacant and Canal/RM—AT/I0 West — Vacant/RM—AT/I0 i: 0:0 e Legend: ■� Planned Unit Development (PUD) Boundary Common Area Lot Residential Building Lot Private Access and Utility Easement Lot Layout Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area — 20,000sf Shared Parking (Townhouse) — 1,600sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 45' Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Site Area — 102,337sf provided Shared Parking (Townhouse) — 1,400sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 0' Minimum Street Yard (Corner) — 0' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 0' Minimum Open Space — 32% provided Maximum Height — None Required Parking: 1.5 per 1 bedroom — 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest — 5.4 or 6 required — 19 provided 9 additional golf cart spaces provided Curb Type — None Sidewalks — combination of existing 4' and 5' wide sidewalks and proposed 3', 4' and 6' walks Paved Street Width — 24' minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use — Single Family Residential (Townhomes) Lot Area — Minimum 1,400sf Lot Width — 22' minimum 27' maximum Yard Requirements: Street: 10' along Granada Drive (except for wall), 0' along Private Access Street corner: 0' Side Yard: 0' Maximum building Height: None Minimum Building Spacing: 0' Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed Development Guidelines For Common Area Lots (Lot 28) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. 1• 0 ■ 0 ■ ■■ iI II II II II r.-.'.... Legend: Planned Unit Development (PUD) Boundary Common Area Residential Building Area Street Pavement Sidewalk Landscape Area Vehicular and Pedestrian Access Vehicular Access will be provided via a private two—way access drive. The access drive will vary in width and will be at a minimum, 24' from edge of pavement to edge of pavement. Pedestrian Access will be provided via a combination of existing 4' and 5' wide sidewalks, and proposed 3', 4', and 6' wide sidewalks as shown. r Leaend: Planned Unit Development (PUD) Boundary Street Pavement Sidewalk Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided Building o Width Varies Private Access and Utility Easement c } 0 Section A—A Building Building Private Access and Utility Easement 35.5' Private Access and Utility Easement 24' Drive 27' Wide 4.25' Section C—C Walk Iypical Cross—sections Building /7/7/ —2.25' Section B—@ Park coo (4. 1cei lx - 0 • 4 a W Z �,zC les sop W BEA 11122 Podgy <orRM ,s/974:4 °p9,eaN4''kS74,4;i91,20.; ,e 2,;c0 Nee, 9.25, A W N ¢¢¢¢ gTgW 210 ;w c� o ff °gyu m ° m„ D �mo� 0me smm gmA^ So o o n ° O N W i0 8'J8' o •5 o y G?G D p• ism m W n GSL i° C y. > O y Tb Own ° °u pig Wim . MK N% C O b 9. ti y RO9 lit m3��o r �;.ow i o 2 S O 4 m O m NO yy NN O+0 p C , m 0 g0m o_3 m O U m b m S a. °'w o. mm�oho4 Po' a6 tii$ o�04m ten— o rZ 4a j _ N D c p o R y� gEr NO ''s E:; ° m y y 4 Ua and suit/A °ILL JoJ u1[d OpS JOJSUIAT (/) CD • 4 • G 4 coo • tit ,S'. o a i m ,AC2?O 2 �a .,- o n 4 N.,''.&..- m o W Nmo o � a '1,..7.-', 0 y4 J Q 4n — hO N 4 j N J °oeyy-- 4 ,�ov N Lb 2aN � I m 4 •4,, n ? OL' CyV .OSS. Sg�°2Yoq^pS`(. SJF V c1` y�x'� -"---(Milli-- 020N ' 1 0O. +Qi '+O 0 V � z o1' itt yti 0 /, ,fir / / 1 ZC 1;10 3 Z Z 7.) Private Access and Utility Easement, Lot 29, will be dedicated as a public utility easement. 8.) All setbacks are 0', unless shown otherwise. 9.) Short term rentals will be allowed. be private and are to be maintained S2S 1.2 2 W, 3eC9 M, ° P9e��k Iy7 004AIy#oSMa 0 (n A W N r. r. Dm jSjm 2C1CY rfir ti�°Om m=camT°oSm°m'c moamam m1„ �=' v° ym om maoT 30° tics. °a ?r em AS 0 5 p� .� :4.0 m p g.° :Ili i J 4. 0 ° l p .� g w I S To'G p o Pow 3 9m ' o m° to t. 3 3. �;c 9,0 ti �o a 'Il!..! j W m' m��9��°�°,fl2$ �$m n g p � ys�o' mom 002 3 945 1.100 t C DV ONm Gm3 �Am ga 3.ui v P$? Et ac aN("o.. �— �C)mm S m— 6 F7d)J 8712 om w m m 2, :a n • -TnR;uuu�uuo uuN myuuuyo 44 N aaa U$�aaaaaaa Wg ^'.om'A1124Aglo>A4>ou4i4,,: po riri ri ri ri ri ri ri ri ri14p il • 4 • G 4 coo • tit ,S'. o a i m ,AC2?O 2 �a .,- o n 4 N.,''.&..- m o W Nmo o � a '1,..7.-', 0 y4 J Q 4n — hO N 4 j N J °oeyy-- 4 ,�ov N Lb 2aN � I m 4 •4,, n ? OL' CyV .OSS. Sg�°2Yoq^pS`(. SJF V c1` y�x'� -"---(Milli-- 020N ' 1 0O. +Qi '+O 0 V � z o1' itt yti 0 /, ,fir / / 1 ZC 1;10 3 Z Z 7.) Private Access and Utility Easement, Lot 29, will be dedicated as a public utility easement. 8.) All setbacks are 0', unless shown otherwise. 9.) Short term rentals will be allowed. be private and are to be maintained S2S 1.2 2 W, 3eC9 M, ° P9e��k Iy7 004AIy#oSMa 0 (n A W N r. r. Dm jSjm 2C1CY rfir ti�°Om m=camT°oSm°m'c moamam m1„ �=' v° ym om maoT 30° tics. °a ?r em AS 0 5 p� .� :4.0 m p g.° :Ili i J 4. 0 ° l p .� g w I S To'G p o Pow 3 9m ' o m° to t. 3 3. �;c 9,0 ti �o a 'Il!..! j W m' m��9��°�°,fl2$ �$m n g p � ys�o' mom 002 3 945 1.100 t C DV ONm Gm3 �Am ga 3.ui v P$? Et ac aN("o.. �— �C)mm S m— 6 F7d)J 8712 om w m m 2, :a n • 5 G G N,48 P 5 • FOu CA co 1,3 ry 9 9 9 No tri F 9 0.000. 00 .000.000.0o uuuuww.�mmm4m El yOm=nY vmmoy?opo N'A°.�AJ^ 46 m mmmmmmmmmp 4 fln a Yz z z / / / / rn S2S4 2 O,/`Oj30 eN�3�g /�ro�a o pg e epce ?4 �yeN e J .-°S,40474,4 -°S%,yT°be 0 eta aZ o F.1 " 111 Q 5 South Padre Ielan-D (Park Road 22) s 2. 5 G G P 5 • FOu CA co 1,3 9 9 9 No .72 tri F 9 0.000. 00 .000.000.0o uuuuww��m mm4m El yogi=n Yvmmoy?opo N'A°.�AJ^A2`lo m mmmmmmmrPmp 4 a 04\ 0ojri,6 mond II V; W NN (7.72/•°!"03.1.4- • O O rn S2S 4. "aa're 2. IS70 4.1 30 e J eta 1 ■ • Viiiae a e Is'a a RI I &) Q S' 5 South Padre Ielan-D (Park Road 22) duo CASE: 0117-01 Aerial with Subject Property Subject Property Map Scale: 1:2,400 //A bare Creared: 12'14 2076 prepared/By JelemyM Dep, rrment of Development Services SUBJECT PROPERTY V!H!TEC AP LOCATION MAP kik City of Corpus Christi PLANNING COMMISSION FINAL REPORT Case No. 0819-03 (0117-01) INFOR No. 16ZN10000040 Planning Commission Hearing Date: September 18, 2019 Applicant & Legal Description Owner: SuperElite, LLC. Applicant/Representative: Urban Engineering Legal Description/Location: Padre Island -Corpus Christi, Section D, Block 1, Lots 33 and 38, and the Villas of Padre lot 34R, located on the northeast side of Granada Drive and west of Leeward Drive. Zoning Request Request: An amending the development guidelines of a Planned Unit Development (PUD) of a property zoned "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. Area: 2.35 acres Purpose of Request: To amend the development guidelines of a Planned Unit Development (PUD) to allow for short-term rentals and taller structures. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM-AT/IO/PUD" Multifamily AT with the Island Overlay and a Planned Unit Development Medium Density Residential and Vacant Multifamily Residential North "RM-AT/IO" Multifamily AT with an Island Overlay Water Water South "RM-AT/IO" Multifamily AT with an Island Overlay Medium Density Residential and Vacant Multifamily Residential East "RM-AT/IO" Multifamily AT with an Island Overlay Vacant Multifamily Residential West "RM-AT/IO" Multifamily AT with an Island Overlay Medium Density Residential and Vacant Multifamily Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang Padre Island Area Development Plan and is planned for Multifamily Residential uses. The proposed amendment to the development guidelines of a Planned Unit Development (PUD) currently zoned "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development is consistent with the adopted Future Land Use Map and the Mustang Padre Island Area Development Plan. Map No.: 028026 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 392 feet of street frontage along Granada Drive which is designated as Local/Residential Street. According to the Urban Transportation Plan, Local/Residential Streets can convey a capacity up to 500 Average Daily Trips (ADT). Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Granada Drive Local/Residential 50' ROW 28' paved 60' ROW 37' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning to amend the development guidelines of a Planned Unit Development (PUD) currently zoned "RM-AT/IO/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development to allow the development a 27 -unit single-family development. Development Plan: The subject property is comprised of 2.35 acres and is proposed to be developed into a gated community that will consist of twenty-seven (27) attached single-family units or townhouses with one common area (Lot 28). The density proposed is approximately 11.49 units per acre. The twenty-seven lots will have a minimum area of 1,400 square feet and the minimum width indicated is 16 feet. Vehicular access will be provided by a single 24 -foot wide two-way private access drive. Pedestrian access will be provided by a combination of an existing 4-5 foot sidewalk and proposed 3, 4, and 6 foot sidewalks. The common area amenities include a pool and related structures. A total of 73 parking spaces are to be provided compared to 60 required parking spaces. The development proposes to maintain the 30% open space requirement. 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. Utilities: Water: 8 -inch ACP line located along Granada Drive. Wastewater: 8 -inch VCP line located along Granada Drive. Gas: 2 -inch Service Line located along Granada Drive. Storm Water: Road inlets located along Granada Drive. Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Staff Report Page 3 • The proposed rezoning is 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 two amendments requested by the applicant are in regards to allowing for short term rentals and the removal of the building height limitation. • Short term rentals are a common feature among planned unit developments on Padre Island. Short term rentals are similar to overnight accommodation uses which are also allowed in the "RM -AT" District by -right. • The applicant is also requesting the removal of the height limitation to give design flexibility. The development will remain single-family townhouse development. If the applicant chooses to deviate from the townhome style of development the variance from the maximum height requirements will be voided. Planning Commission and Staff Recommendation (September 18, 2019): Approval of the amendments to the development guidelines of the "RM-AT/IO/PUD" Multifamily AT District with an Island Overlay and Planned Unit Development Overlay with the following conditions. 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and common area amenities. 2. Building Height: The maximum height of any structure on the Property is 60 feet. 3. Rental Period: Units may be rented for daily, weekly, and monthly time periods. Public Notification Number of Notices Mailed — 55 within 200 -foot notification area 5 outside notification area As of September 13, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Ordinance #031371 C. Revised Planned Unit Development Guidelines (The Villas) D. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/0819-03 (0117-01) SuperElite, LLC/Council Documents/Report - SuperElite, LLC.docx Staff Report Page 4 CASE: 0117-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -S 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 055 Downtown Commercial CR -3 Resort Commercial FR Farm Rural N Historic Overlay BP Businees Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev, Overlay RS -10 Single -Family 10 R5-5 Single -Family 6 R5-4.5 SIngle-Famlly 4.5 RS -TF Two -Family R5-16 Single -Family 15 RE Residential Estate R5-TH Townhouse 5P Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale.- 1.2,400 (LOCATION MAP SUBJECT PROPERTY City of Corpus Christi Staff Report Page 5 Ordinance amending the Unified Development Code ("UDC"), upon application by SuperElite, LLC ("Owner"), by changing the UDC Zori irn9 Map fn reference to Padre Island -Corpus Christi, Section 3, Blocj' 1, Lots 33 and 38, and the Villas of Padre Jot 34R, from the NRM- AT110." Multifamily AT District with an Island Overlay to the "RM- ATf1 O/PUD" Mu itifa mi ly AT District with an Island Overlay and Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing fora repealer clause and publication_ WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of SuperEliter LLC ("Owner"), for an amendment lo the City of Corpus Christi's Unified Development Code rUDC"I and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public. public hearings were herd on Wednesday, January 11, 2016, during a meeting of the PiarnnI ng Commission when he` Pte nni ng Comm sion recommended approval of the requested "RM-ATI101KIG" Multifamily AT District with ars Island Overlay and Planned Unit Development Overlay, and on Tuesday, February 14. 2013, 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; SECTfON'1 . Upon application by SuperElite, LLC (-Owner), the Unified Oeveropmen t Code ("UDC") of the City of Corpus Christi,. Texas (-City"), is amended by changing the zoning on n Padre Island -Corpus Christi, Sectforn 0, Block 1, Lots 33 and 38, and the Villas of Padre lot 341, located on the northeast side of Granada Dri ve and west of Leeward Drive (the 'Property'), from the 'RM-AT1IO' Multifamily AT District with an Island Overlay to the "RM-ATJI O}EU D" Murtifamily AT District with an Island Overlay and Planned Unit Development Overlay (Zoning Map No_ 8z8U26). as shown in Exhibits -A" and "B". Exhibit A, which Is a map of the Property, and Exhibit El, which is The Villas Planned Unit Development (PUD) Guidelines and Master Site Paan For the Property, are attached to and Incorporated in thls ordinance by reference as if fully set out herein in their entireties, SECTION 2. The Special Permit 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 Villas Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 27 townhouse units and cornrnual area amenities_ 0 a I07LI Staff Report Page 6 2.) Dwelling Units per Acre: The density of dwaff ing units on the Properly shall not exceed 11.49 dAielling units per acre_ 3.) Building Height: The maximum height of any structure on the Property is 45 fuel. 4.) Parking!' The property musk have a minimum of 73 standard parking spaces (9 feel wide 6y 18 feet long)_ Parking is prohibited within the private street and pedestrian waILwwys. 5_) Setbacks and Lot Width: Minimum rear yard setbacks for all lots shall be five feet. Minimum width for townhouse lots shall be 15 feet. a.) Open Space: The Property riwst maintain a minimum of 30% open space. Any surfaces constructed within the required open space mus( be constructed of pervious material. 74 Privets Street Access: The 2 -way private access cirive shall not be fess than 24 feet end shall ba striped or marked to Ind Idle "Eire Lane/No Parking," 8.) pedestrian Access: Sidewalks shall be constructed and maintained gis identified an the master site plan 9.) D um Aster Screening: A minimum six-foot tali screening fence shall be constructed, maintained, and remain in place around a durnpster placed in the streeI yard, 10_) Time Limit; Cortislrucliion 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 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 Ibis 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 il 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 thereby expressiy repealed. SECTION 6. Publication &mill be made in the City's official publication as required by the City's Charter_ Paq•E2or3 Staff Report Page 7 That the iciregcaing ori nye was�0 for the frsr time and passed lid its second rwad ii en to is the y �r _yi ttt 017, by he rob -wing value, Mayor r_tu Ri dy Garza Paulette Guajarde Michael! +4unler ,Joe McComb Berl M 1ina 1._Licy Rubio Greg Smith Camber Vaughn That ! ro golckg verdin - n vwa5 r for the secr ni Lime and pas5od Rnally on 'nos the r day of ' & , 01 7. by OR ioirawirtig voEe. Mayor 0 Rudy Goma pa�aell Guajardcr Michael Hurl ke- Joe McComb Berg Mane Lucy Rubde Greg 5rnith Cartiyn Vaughn PASSED AND. APPROVED en this tha clay ATTESTr !_J Rabecca hluert City SecpatEinfir EFFECTIVE DATE t'JMdintrce_0117•(11 p mays I x201/ art=uie, u 5uo + Page 3 A The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Owner/Developer SuperElite, LLC, a California limited liability company Submitted by Urban Engineering Revised: August 7, 2019 LEURBAN TBPE Firm #145 TBPLS Firm #10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 The Villas Planned Unit Development (PUD) Padre Island, Corpus Christi, Texas Development Description: The Villas, Planned Unit Development (PUD) is a proposed townhome community that will include of 27 attached townhomes on 2.35 Acres of Land, for a density of 11.49 Units per Acre. The proposed townhome community will be a re -development of an existing townhome community which will be expanded across adjacent property on either side of the existing site. A re -plat of the property will encompass Lots 33 and 38, Block 1, Padre Island — Corpus Christi, Section D, and Lot 34R, Block 1, The Villas of Padre. The re -development will allow for a secondary access point and a larger common area for the townhome community to enjoy. This development will complement existing developments in the area. Location Map: Adjacent Land Use and Zoning Adjacent Land Use/Zoning: North — Vacant and Canal/RM—AT/I0 South — Vacant/RM—AT/I0 East — Vacant and Canal/RM—AT/I0 West — Vacant/RM—AT/I0 i: 0:0 e Legend: ■� Planned Unit Development (PUD) Boundary Common Area Lot Residential Building Lot Private Access and Utility Easement Lot Layout Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area — 20,000sf Shared Parking (Townhouse) — 1,600sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 10' Minimum Street Yard (Corner) — 10' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 10' Minimum Open Space — 30% Maximum Height — 45' Required Parking: 1.5 per 1 bedroom 2 per 2 bedroom 1/5 per guest Curb Type — 6" Curb and Gutter Sidewalks — 5' on each side Paved Street Width — 28' PUD Requirements Minimum Site Area — 102,337sf provided Shared Parking (Townhouse) — 1,400sf Minimum Dwelling Width (Shared parking) — 16' Minimum Street Yard — 0' Minimum Street Yard (Corner) — 0' Minimum Side Yard — 0' Minimum Side Yard (Total) — 0' Minimum Rear Yard — 5' Minimum building separation — 0' Minimum Open Space — 32% provided Maximum Height — None Required Parking: 1.5 per 1 bedroom — 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest — 5.4 or 6 required — 19 provided 9 additional golf cart spaces provided Curb Type — None Sidewalks — combination of existing 4' and 5' wide sidewalks and proposed 3', 4' and 6' walks Paved Street Width — 24' minimum Development Guidelines For Residential Lots (Lots 1 through 27) Use — Single Family Residential (Townhomes) Lot Area — Minimum 1,400sf Lot Width — 22' minimum 27' maximum Yard Requirements: Street: 10' along Granada Drive (except for wall), 0' along Private Access Street corner: 0' Side Yard: 0' Maximum building Height: None Minimum Building Spacing: 0' Parking Requirement Per Unit: 1.5 Spaces per 1 Bedroom Unit 2 Spaces per 2 Bedroom Unit 1/5 Space per Guest Maintenance: Lot Owner and Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, pavement, fencing, landscaping, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed Development Guidelines For Common Area Lots (Lot 28) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Development Guidelines For Private Access and Utility Easement (Lot 29) Use — Non-residential Structures for enjoyment and benefit of The Villas community Lot Area — N/A Lot Width — N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: N/A Minimum Building Spacing: N/A Parking Requirement: 0 spaces Maintenance: Home Owners Association Allowed Improvements: Community structures, including decks, pavement, fencing, landscaping, utilities, signage, etc. Placement of Improvements: Within limits of Lot 29 and setbacks and outside of easements with exception of fences, paving and landscaping. 1• 0 ■ 0 ■ ■■ iI II II II II r.-.'.... Legend: Planned Unit Development (PUD) Boundary Common Area Residential Building Area Street Pavement Sidewalk Landscape Area Vehicular and Pedestrian Access Vehicular Access will be provided via a private two—way access drive. The access drive will vary in width and will be at a minimum, 24' from edge of pavement to edge of pavement. Pedestrian Access will be provided via a combination of existing 4' and 5' wide sidewalks, and proposed 3', 4', and 6' wide sidewalks as shown. r Leaend: Planned Unit Development (PUD) Boundary Street Pavement Sidewalk Required Parking: 1.5 per 1 bedroom - 0 required 2 per 2 bedroom - 54 required / 54 provided (garages) 1/5 per guest - 5.4 or 6 required - 19 provided 9 additional golf cart spaces provided Building o Width Varies Private Access and Utility Easement c } 0 Section A—A Building Building Private Access and Utility Easement 35.5' Private Access and Utility Easement 24' Drive 27' Wide 4.25' Section C—C Walk Iypical Cross—sections Building /7/7/ —2.25' Section B—@ Park coo (4. 1cei lx - 0 • 4 a W Z �,zC les sop W BEA 11122 Podgy <orRM ,s/974:4 °p9,eaN4''kS74,4;i91,20.; ,e 2,;c0 Nee, 9.25, A W N ¢¢¢¢ gTgW 210 ;w c� o ff °gyu m ° m„ D �mo� 0me smm gmA^ So o o n ° O N W i0 8'J8' o •5 o y G?G D p• ism m W n GSL i° C y. > O y Tb Own ° °u pig Wim . MK N% C O b 9. ti y RO9 lit m3��o r �;.ow i o 2 S O 4 m O m NO yy NN O+0 p C , m 0 g0m o_3 m O U m b m S a. °'w o. mm�oho4 Po' a6 tii$ o�04m ten— o rZ 4a j _ N D c p o R y� gEr NO ''s E:; ° m y y 4 Ua and suit/A °ILL JoJ u1[d OpS JOJSUIAT (/) CD • 4 • G 4 coo • tit ,S'. o a i m ,AC2?O 2 �a .,- o n 4 N.,''.&..- m o W Nmo o � a '1,..7.-', 0 y4 J Q 4n — hO N 4 j N J °oeyy-- 4 ,�ov N Lb 2aN � I m 4 •4,, n ? OL' CyV .OSS. Sg�°2Yoq^pS`(. SJF V c1` y�x'� -"---(Milli-- 020N ' 1 0O. +Qi '+O 0 V � z o1' itt yti 0 /, ,fir / / 1 ZC 1;10 3 Z Z 7.) Private Access and Utility Easement, Lot 29, will be dedicated as a public utility easement. 8.) All setbacks are 0', unless shown otherwise. 9.) Short term rentals will be allowed. be private and are to be maintained S2S 1.2 2 W, 3eC9 M, ° P9e��k Iy7 004AIy#oSMa 0 (n A W N r. r. Dm jSjm 2C1CY rfir ti�°Om m=camT°oSm°m'c moamam m1„ �=' v° ym om maoT 30° tics. °a ?r em AS 0 5 p� .� :4.0 m p g.° :Ili i J 4. 0 ° l p .� g w I S To'G p o Pow 3 9m ' o m° to t. 3 3. �;c 9,0 ti �o a 'Il!..! j W m' m��9��°�:,fl2$ �$m n g p � ys�o' mom 002 3 945 1.100 t C DV ONm Gm3 �Am ga 3.ui v P$? Et ac aN("o.. �— �C)mm S m— 6 F7d)J 8712 om w m m 2, :a n • -TnR;uuu�uuo uuN myuuuyo 44 N aaa U$�aaaaaaa Wg ^'.om'A1124Aglo>A4>ou4i4,,: po riri ri ri ri ri ri ri ri ri14p il • 4 • G 4 coo • tit ,S'. o a i m ,AC2?O 2 �a .,- o n 4 N.,''.&..- m o W Nmo o � a '1,..7.-', 0 y4 J Q 4n — hO N 4 j N J °oeyy-- 4 ,�ov N Lb 2aN � I m 4 •4,, n ? OL' CyV .OSS. Sg�°2Yoq^pS`(. SJF V c1` y�x'� -"---(Milli-- 020N ' 1 0O. +Qi '+O 0 V � z o1' itt yti 0 /, ,fir / / 1 ZC 1;10 3 Z Z 7.) Private Access and Utility Easement, Lot 29, will be dedicated as a public utility easement. 8.) All setbacks are 0', unless shown otherwise. 9.) Short term rentals will be allowed. be private and are to be maintained S2S 1.2 2 W, 3eC9 M, ° P9e��k Iy7 004AIy#oSMa 0 (n A W N r. r. Dm jSjm 2C1CY rfir ti�°Om m=camT°oSm°m'c moamam m1„ �=' v° ym om maoT 30° tics. °a ?r em AS 0 5 p� .� :4.0 m p g.° :Ili i J 4. 0 ° l p .� g w I S To'G p o Pow 3 9m ' o m° to t. 3 3. �;c 9,0 ti �o a 'Il!..! j W m' m��9��°�:,fl2$ �$m n g p � ys�o' mom 002 3 945 1.100 t C DV ONm Gm3 �Am ga 3.ui v P$? Et ac aN("o.. �— �C)mm S m— 6 F7d)J 8712 om w m m 2, :a n • 5 G G N,48 P 5 • FOu CA co 1,3 ry 9 9 9 No tri F 9 0.000. 00 .000.000.0o uuuuww.�mmm4m El yOm=nY vmmoy?opo N'A°.�AJ^ 46 m mmmmmmmmmp 4 fln a Yz z z / / / / rn S2S4 2 O,/`Oj30 eN�3�g /�ro�a o pg e epce ?4 �yeN e J .-°S,40474,4 -°S%,yT°be 0 eta aZ o F.1 " 111 Q 5 South Padre Ielan-D (Park Road 22) s c_'�yOi"a 2. 5 G G P 5 • FOu CA co 1,3 9 9 9 No .72 tri F 9 0.000. 00 .000.000.0o uuuuww��m mm4m El yogi=n Yvmmoy?opo N'A°.�AJ^A2`lo m mmmmmmmrPmp 4 a 04\ 0ojri,6 mond II V; W NN (7.72/•°!"03.1.4- • O O rn S2S 4. "aa're 2. IS70 4.1 30 e J eta 1 ■ • Viiiae a e Is'a a RI I &) Q S' 5 South Padre Ielan-D (Park Road 22) duo Zoning Case #0819-03 (0117-01) SuperElite, LLC. Amendment of a PUD for a Property at 14836 Granada Drive City Council November 19, 2019 Aerial Overview Subject Property at 14836 Granada Drive N At Vicinity Map Prie Created: 121.2016 Prepa ed/By_JVcmyhl/ crta, of Ocvelopment yelvlc/ Zoning Pattern 20004 '44111, 4,„ 2006 4 Deviation Table Minimum Dimensions "RM -AT" District Standards "RS-TH" District Standards Proposed PUD Deviation Lot Area Minimum Lot Width 5,000 sf. 50 ft. Front Yard Side Yard Rear Yard Building Separation 20 ft. 5 ft. 5 ft. N/A Open Space Maximum Height Paved Street Width Varies 28 ft. Curb Type Parking Requirement Sidewalks 6 -in. curb & gutter 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 5 ft. on both sides or 6 ft. on both sides of private streets 1,600 sf. 16 ft. 10 ft. 0 ft. 5 ft. 10 ft. 1,400 sf. 16 ft. Yes No O ft. O ft. 5 ft. Yes No No O ft. Yes 25% 30% 32% No 45 ft. 28 ft. 6 -in. curb & gutter 1.5/ unit(1 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 5 ft. on both sides or 6 ft. on both sides of private streets 60 ft. Yes 24 ft. Yes None Yes 2/ unit (2 bedroom) 1/5 units (guests) Combination of existing sidewalks and 3, 4, and 5 foot sidewalks No Yes • M Mw M .rA ..de • Master Site Plan stVreo Site KUL Mssrer Sere Pian for The Villas PUD • Ods a d Lab a aM A ee.. r, Mae Mbq - Cw[w a.; kri ..m d.eio1 u nwM n Alava ]a Pow, N ea 7; .to draar d w.rn 4wr. Toant aA - 4. Ott MR arrr r. nd wx a rod. a nm a etardel w MAT, n wy iia .•s r..aar .r x..�.. E d{ CmR fart r/ v 01.1 .....anew. 115 pan n barA ; , 1) l M.. e . le.n� Yope . rrE.m.^1 A, .M an �• .t i<A aW AA ctAtie n ICU do .11••••11-..• Woe • = a. %oa n• d. MA. T 1)146il qi0 EI.'wA .01•411..m. aw Swq 1wm . v4 a. IAA m trat wan r.,•rw, oawa �•10(EOnI � 7s0.00. .)Y�iv iw<0. 71.91AA r0q1 V P. wA Ate. 9. 2 0172 O. Otyra Ca. CMq .wR l.werq AA w sgi.me� tn tW W *.eel Mad AAA 2201 1)M p lee 1 - Casa A.AAt M manse by h Ns.n OA. w CAI 1.11 wd bob. S.wIAA wl on. W ve m AAA. r..1 ).)h177 .wd WA. Calarn ,0 E.. ].. Al L. AAe..A u a A. •)N 0).0 te. rode. Al M .Ow.9 ,019 IEUREIAN' E 0� �ENGI +EERI +G 'CYP__ uRT 6 Planning Commission and Staff Recommendation Approval of the amendment to the design guidelines of the Planned Unit Development • Allowance of Short Term Rentals • Increasing the height limitation to 60 -feet Public Notification 55 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 8 UDC Requirements Ole Created. 1�T'o �10f6 PreparedlSy-Jekmyky Cepr i1lpr0 el lrceovCrveceis Buffer Yards: N/A Setbacks: As per PUD Parking: 2 spaces per unit Uses Allowed: Single -Family Residential, Multifamily, Cottages, Day Care, and Overnight Accommodations Utilities Water: 8 -inch ACP Wastewater: 8 -inch VCP Gas: 2 -inch Service Line Storm Water: Road Side inlets AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 11/19/19 Second Reading Ordinance for the City Council Meeting 12/10/19 DATE: TO: October 5, 2019 Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department Al Raymond(a�cctexas.com (361) 826-3575 Rezoning a property at or near 6810 Bison Drive CAPTION: Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS -4.5" Single -Family 4.5 District to the "RS-4.5/PUD" Single - Family 4.5 District with a Planned Unit Development. SUMMARY: The purpose of the zoning request is to allow for the construction of 36 single-family homes. BACKGROUND AND FINDINGS: The subject property is 5.77 acres in size. The applicant is proposing thirty-six single-family lots within the Planned Unit Development (PUD). The density proposed is approximately 6 units per acre. The 36 lots will range in area between 4,267 and 8,493 square feet in size. Based on the reduced lot size, applicant is requesting to have six lots per acre instead of the required minimum of seven lots per acre. Conformity to City Policy 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 is consistent with the adopted Southside ADP and the Comprehensive Plan (Plan CC). 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 subject property is suitable for the uses proposed by this rezoning. This PUD utilizes decreased lot sizes and right-of-way width, while still observing minimum street pavement widths, maximum building heights, parking requirements, and open space requirements. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. Public Input Process Number of Notices Mailed 16 within 200 -foot notification area 5 outside notification area As of October 2, 2019: In Favor 0 inside notification area 0 outside notification area In Opposition 15 inside notification area 0 outside notification area Totaling 13.93% of the land within the 200 -foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RS -4.5" Single - Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development with conditions on September 18, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the "RS -4.5" Single -Family 4.5 District to the "RS- 4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RS -4.5" Single - Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development with conditions with the following vote count: Vote Count: For: 8 Opposed: 1 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS -4.5" Single -Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property as being 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas as shown in Exhibit "A": the "RS -4.5" Single -Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development The subject property is located at or near 6810 Bison Drive. Exhibit A, which is the Metes and Bounds of the subject property and Exhibit B which is are the Crosswind Estates Unit 2 Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Crosswind Estates Unit 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 36 single-family residences. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). 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 including the penalties for violations as made and provided for in Article 10 of the UDC. 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 Exhibit A M Ir ARA V n.{55, 1111.._ NI }4.014. WL:tair. P,E,rt.pats. y'*rw, l ua s-wnlsl�.+tu HASS & WELSH ENG! NEER FNG EngineerIng Firm Reg. No, F-52 Surveying Firm Reg. Nu. 100027-0 11 P,O_ Bnx 4397 i ctrp�+i Christi. TX TK4b6.6397 STATE OF TEXAS COUNTY OF NUECES 3�J3a S ALAMEDA, l.lr 74.1414 ThI NH2-FS21-FAX 3rylxx?-12.rl nuirrny.iTps.aL1 cue! n•mall: plxmwt&r•u+uall.cula July 2, 2,014 flf40415-144B-dor Clescripti(xr Irl a 5.772 were: tract c,{ land, mora nr less, described as 3,776.3 acre Trio 7 in deed recorded al f]CFiiuneot No. 211010I C 122, 011ie 7J Public Records, Miel.:eiS County. rf mai; :iso br iii out of Lois 28 ant! 29, Seuritgt 21, Hem bluff 41nEl t:,nunal Farm and G.rden 'Fr:i ''ts, a nap of w ik'ii is recorded. iii Volume 'A", Pis 41 - 43,14141 Records sof said comity, Bald #-77 oc7e inlet of land further dent 'i1Ped by metes and bciimds as follows: B EGINNING al a 5/W iron rbd with plastic cap labeled Bass & Welsh Engineering found at the eominou easternmost urrrier of Lot 6, Block 2, f'rnsawinci F rates Unit 1, a map i3l'which k alae nikd in Volume SJ;, ✓ ages 68 and 69. Said map records, and northernmost corner of Oliver's Estate Unit IL. a map of which is reaardcd in Volume fi9r Pagc 223 and 224, said map menu's, said hcgianing point Fur 'Ingle paint in a south eon tial'boundary Zinc of the- tra,.t hertin described; THENCE NA717'21)"W 326.74' along the northeast boundary line of said Block 2, Crosswind Estates Unit 1 to a 514" iron rod set for ncrrt]lwesterly interior corner of the tract herein described and of said 5.776.3 acre tract; THEIwCE N61'3l}'46.'W 6 F.ir8' to El SOL" iron rxxi Pound kir rntcrior ntrcrhwcsierly comer of the tract heroin descn7oed and of said 5.7763 acre tract and northernmost corner of List 1, said Block 2, Crosswind Estates Unit I; THENCE along the northwest boundary line of Said Lot 1, Block 2, Crosswind Estates Unit 1 8°35't15' dl+ 11_14_55' to is 5,r8" iron roll iound for we iterty comer of tFte Prat? nerein described wild of said 5.776,3 acre Peds and interior north armor of said Crosswind Fstatea Unit 1; T1ffNCE Nbl°I I -10'W 144,64' along a northerly boundary nice of said C:rsnswiuol Estates Lent 1 to a Ng" inch iron recd sal tor the westernmost corner Or the mei herein described and of Laid 5.7763 acre tract filo the southeast boundary line cif a 42 -foot wide drainage easement described by doe(' to os:led at V<1luntc 2035, Page MI, decd re.41iri:l of said county; (HENCE along said alutheast boundary lane of 42 -foot wide Llraiaa r:aument N2W41'55"E 39172' to a 518" iron Pod .set for the northernmost cornea- Of the Frail hcrcin dmscribcd and Of said 5,7763 acre tract in ;t SIM Iiwcstcrly lr}untlary line of a city park; THENCE along SiaLl si}uthwcyterly huurrdary line (deity }nark S47"3T2fI4E 10(11.14' to a 51'S" iron real found for southeasterly Cn ucr of die tract i14re1L1 demi-Wed and i}f said 5,77453 Acre Iraul; bikliMmb EXHIBIT ..A" PSL a 1 psi Page 4 of 5 h{rues and Bounds Description, 5.772 Acres. July 2, 2019, f ontirsua.l; THENCE continuing along N westerly boundary lisle of said Lily park S1W57117"E 10.4:' Ina pont for the southeast u.}rner of the traex herein described and tFF 83415.7763 Dere tract and northeast comer of a tract of land owned by CMC Steel Fabricators, inc„ THENCE along the north boundary lime of CMC Steel Fabric -atom, uric. enact SF3799'55•' 2f111.8.0'11.1. a 5r8" iron rod round for s1 uLJteatsrrrIy cs]rner &if the kraa hcrcin described and of said 5.7763 acre tract and northeasterly eorncr o f said 01Ner's Estate Unit f; THENCE along u northea,ck boundary line of said Diiver'a Estates Unit t NE41°37'19"W 241, J( ro a rug!' ro1J Esc t Ion ,nr.1lh ccntraI armee of tli+t tuck lies e.i n dera tl keti I1 LIt LIL s. jd ,9,77(3 .t i i i; 'MENU! H441'0.3'2 "W 54,48' aJoil a uortheasa boundary line of said t tiver's. Eaate Unit 1 to thc POINT OF BEGINNING, all smut r4d4 .SCk rnrrkain plastic caps iabcled Bass & Welsh Engineerths.. uM W-sab EXHIBIT "A„ Paw 2'431 2 Page 5 of 5 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas Owner/Developer MPM DEVELOPMENT, LP P.O. BOX 331308 CORPUS CHRISTI, TX 78463 774-3832 Submitted by: BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 October 9, 2019 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas DEVELOPMENT DESCRIPTION: Crosswind Estates Unit 2, a Planned Unit Development (PUD) is a proposed single family residential development. The developer is proposing 36 single family residential lots and one 0.084 acre linear park that will be completed in a single phase. The developer is requesting a change of zoning from RS -4.5 to RS- 4.5/PUD to allow deviations from the Unified Development Code. Deviations will include a sidewalk on one side of the streets only, 40' wide street rights-of-way, variable width street right-of-way of 43.5' to 46', 16.5' front yard setbacks, minimum lot size of 4,267 square feet, minimum lot width of 45'. This development will complement existing developments in the area. LOCATION MAP — See Exhibit 1 attached METES AND BOUNDS PROPERTY DESCRIPTION AND SKETCH FOR REZONING — See attached Exhibits "2" and "3". PROPOSED MASTER SITE PLAN AND PLAT — See Exhibit 4 DEED — See Exhibit 5 LOTS UDC — PUD COMPARISON DESCRIPTION UDC-ZONING/PLATTING ORDINANCE REQUIREMENTS (RS 4.5) PUD REQUIREMENTS MINIMUM LOT AREA 4500 SF 4267 SF MINIMUM LOT WIDTH 45 FT 45 FT MINIMUM FRONT YARD 20 FT 16.5 FT MINIMUM SIDE YARD (CORNER) 10 FT (WHEN BACK-TO-BACK W/ANOTHER CORNER LOT (UDC 4.2.8)) 20 FT (ALL OTHER CORNER LOTS) 10 FT MINIMUM SIDE YARD 5 FT 5 FT MINIMUM REAR YARD 5 FT 5 FT MINIMUM OPEN SPACE 30% 30% MAXIMUM HEIGHT 35 FT 35 FT REQUIRED PARKING (OFF STREET) 2 PER ACRE 2 PER UNIT BILL WITT DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 8 FT ON ONE SIDE PAVED STREET WIDTH 40 FT BB 40 FT BB ROW WIDTH 60 FT VARIES 43.5' TO 46' AIRKING DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 5 FT ON ONE SIDE PAVED STREET WIDTH 28 FT BB 28 FT BB ROW WIDTH 50 FT 40 FT Amenities to include: Sidewalk Neighborhood Entry landscaping Lower traffic speed (short streets) Dedication of land for public linear park and drainage Page 1 of 1 5' MIN. REAR YARD S47° 17' 20" E 45. 00' 5' MIN. SIDE YARD S42° 42' 40' W v m v m O 16 4267 SF RESIDENCE STRUCTURE 16' C❑NC WIDE DRIVEWAY S42° 42' 40' W v m 16. 5 YR 5' UE 5' EE N47° 17' 20" W 5' MIN. SIDE YARD 45. 00' f CL PUBLIC STREET 0 N EXHIBIT 5 - TYPICAL RESIDENCE CROSSWIND ESTATES UNIT 2 1 "=20' 0 10' 20' 40' SCALE: 1"= 20' BASS AND WELSH ENGINEERING, CORPUS CHRISTI, TX FILE: EXB—TYP RES, JOB NO. 08005 SCALE: 1" = 20', PLOT SCALE: SAME PLOT DATE: 09/26/19 SHEET 1 OF 1 STATE OF TEXAS § COUNTY OF NUECES § WE, MPM DEVELOPMENT, LP, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF , THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS, PARK LAND AND DRAINAGE AND UTILITY EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF 20 STATE OF TEXAS § COUNTY OF NUECES MOSSA MOSTAGHASI, GENERAL PARTNER THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MOSSA MOSTAGHASI, GENERAL PARTNER OF MPM DEVELOPMENT, LP. THIS THE DAY OF , 20 STATE OF TEXAS COUNTY OF NUECES NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), (TITLE), OF THIS THE DAY OF 20 NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OF TEXAS § COUNTY OF NUECES § I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF , 20 NI XON M. WELSH, R. P. L. S. NOTES 1. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. THE TCEQ HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK, BUT IT IS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA. THE OSO CREEK FLOWS DIRECTLY INTO THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS" AND CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. 2. THE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID, SOUTH ZONE, NAD 1983. 3. THE SUBJECT SITE IS IN FEMA ZONE X, PANEL 48355C0520G (10/23/15). 4. LEGAL DESCRIPTION: A 5.772 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED AS 5.7763 ACRE TRACT 2 IN DEED, DOC. NO. 2007016122, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 28 AND 29, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP WHICH IS RECORDED IN V. "A", P. 41-43, MAP RECORDS, SAID COUNTY. 5. THE TOTAL PLATTED AREA CONTAINS 5.772 ACRES OF LAND INCLUDING STREET DEDICATIONS. 6. CROSSWINDS UNIT 2 (PLAT HEREOF) IS PART OF A PLANNED UNIT DEVELOPMENT (PUD) AS PER ORDINANCE NO. 7. THE PUBLIC ACCESS EASEMENT IN LOT 17, BLOCK 1 SHALL BE THE RESPONSIBILITY OF THE OWNER OF LOT 17 TO MAINTAIN, AS WELL AS THE 5'X5' PUBLIC ACCESS PATHWAY ENTRANCE. 8. THE FOLLOWING ARE DEVIATIONS FROM THE UDC AS ALLOWED FOR PUD HEREOF: DESCRIPTION UDC ZONING/PLATTING REQUIREMENTS (RS -4.5) PUD REQUIREMENTS MIN. FRONT YARD 20' 16.5' MIN SIDE YARD 10' (WHEN BACK TO BACK WITH ANOTHER CORNER LOT (UDC 4.2.8)) 10' 20' ALL OTHER CORNER LOTS 10' STREET ROW WIDTH 50' (AIRKING DR) 40' STREET ROW WIDTH 60' (BILL WITT DR) VARIES 43.5' TO 46' JI 11 a La La z z BRINE ST. GRENOBLE DR. CIMARRON BLVD. YORKTOWN BLVD. PEACOCK DR. MALACHITE D 0 0 0 BISON DR. ___11270N DR. I ILJ If BILL WITT CITY PARK i jT 0 FALCON CARIBOU DR. IMPALA DR. SITE 0 w z w 0 NORTHWIND DR._ LOCATION MAP 1- = 1000' APPROX. PLAT OF CROSSWIND ESTATES UNIT 2 PUD CORPUS CHRISTI, NUECES COUNTY, TEXAS A 5.772 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED AS 5.7763 ACRE TRACT 2 IN DEED, DOC. NO. 2007016122, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 28 AND 29, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP WHICH IS RECORDED IN V. "A", P. 41-43, MAP RECORDS, SAID COUNTY. DATE PLOTTED: 9/26/19 COMP. Nal PLAT SH -LING JOB NO.: 08005 SCALE: 1' = 50' PLAT SCALE: SAME SHEET 1 OF 2 BASS & WELSH ENGINEERING SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 STATE OF TEXAS COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS GABRIEL HINOJOSA, P.E. DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF , 20 ERIC VILLARREAL, P.E. CHAIRMAN STATE OF TEXAS COUNTY OF NUECES NINA NIXON-MENDEZ, FAICP SECRETARY I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF , 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF 20 AT O'CLOCK .M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS tn o N NI:‘ H wO- ¢ u� w w> 0 A z z 0 If) 10 0_ 0= N SET 5/8'1. R. co Cn co W Lo Ln 'SET 5./$"I R, 43, 29, 9, 79, 42' 24. 53' 26. 97' 0 M 0 1/40M N28° 41' 55" E 3678 SF = 0. 084 AC >- 40' STREET ROW 16.5' 5'EE 5'UE 6" CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) 20' 28' BB 20' ROW STREET 3.5' 2% 2" TYPE "D" HMAC ON PRIME COAT ® 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 14' 2.5' 14' 5' 3.5' 16.5' 5" CROWN FROM LIP OF GUTTER ,—CL STREET PROP SAN..f ��PR❑P ST❑. SEWER PIPE SEWER PIPE 6" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 2% OF OPTIMUM MOISTURE —' 24, 22, 28° 41' 55" E 5 w (17 r I!7 - 55(0 ,SF u) /.11°J / N 20. 0' 23. 5' 1 / 15. 10 I wUi O N.1°18'05"W 46. 41' o S 18' 05" Er -I 114, d0' R • 83. 94 Io IS61 ° 18' 05" E U\ Lri A 41.9_8L_5 UE M I — — ti 0 r -I 0 PROP STO. SEWER PIPE 2% 5'UE 5'EE 5' WIDE TIED R/C WALK 0„_—PR❑P 6" PVC WTR COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 95% STANDARD 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 - 40' ROW AIRKING DR. (LOOKING SE AND EAST) 65. 72, i 5.00 \0' /O co 3 rn 4459 SF 28, 1I0, L1/4) z 9. 5' LINEAR PARK, I' 55' W 380. 98' iv qo 197. 95' (-^2_ o N V) N28° 41' 55' E 21. 93' 62 26. 0' 16.5'YR 19 7030 SF 26. 00' 90' B 1 11 ' U E_ 61'30' 46" W Io I 00 18 D 5183 SF Q_' o 16.5'YR M OD=90" 06' 56" R=15. 00' T=15. 03' L=23. 59' CB=S73° 45' 23" W CH=21, 23' D=14° 00' 45' R=134. 90' T=16. 58' L=32. 99' CB=N54° 17' 43' W CH=32. 91' O D=45° 02' 45' R=50. 00' T=20. 73' L=39. 31' CB=S69° 48' 42" E CH=38. 31' 165 -L37' yR 1* 1- \ \ of � \ 3 \0 7 48 35 SF vN- ti /50. 00' JE 45.00' 4 4267 SF 4 .10,E 5 4267 SF S�S', SEE 7.5'UE I— FD 5/g" I N6 104 55' OS„ tv 20' YR FD 5/8" I. R. N61° 11' 10" W 149. 64' 1 —CL BIS❑N DR. CURVE DATA: ®D=89° 53' 04' R=15. 00' T=14. 97' L=23. 53' CB=N 16° 14' 37' W CH=21, 19' D=14° 00' 45' R=94. 90' T=11. 66' L=23, 21' CB=S54° 17' 43' E CH=23. 15' OD=90° 00' 58' R=20. 00' T=20. 01' L=31. 42' CB=N42° 39' 26' E CH=28. 29' D=90°00' 00" R=15, 00' T=15. 00' L=23. 56' CB=S73° 41' 55' W CH=21, 21' D=90° 00' 00' R=10. 00' T=10. 00' L=15. 71' CB=N87° 42' 40' E CH=14, 14' D=89°59' 02" R=20. 00' T=19. 99' L=31. 41' CB=S47° 20' 34' E CH=28. 28' D=90°00' 00" R=15. 00' T=15. 00' L=23. 56' CB=S 16° 18' 05' E CH=21. 21' OD=45° 02' 45' R=10. 00' T=4. 15' L=7. 86' CB=S69° 48' 42' E CH=7, 66' 9. 5' NTS // 6 \\426j SF 10 4873 SF N47° 17-, &Lock UNIT 1, V 3 // 7 4267 SF S47. // 8 4267 SF \ it // 9 4267 SF <!E-2 1 7,7 2p" j.17, E 20 1001 // 14/ 10 4267 SF \ 16.5'YR \ 656' 24' _\ 51/� 47°1, 2"W 5--3.---6:-.--4-,- 64j, 65, II�� \ // 514. 77, — AiRK/N I DR.I -i\_ // 1j \ I /� 16 ti ti S47. 7'20„E 1 S47°1 57 0 / O 5'UE -- S4721, °17�2' 4 12 4287 SF 4271 SF `0, 2 4\ \1 SF 326 ROSSW/ 58 P. 68 0, E STATE. 4 ' MR. 9. 5' LINEAR PARK \ // 13 �:4271 SF ° ti 1j1 14 o 271 SF O N 1___45 00, 5 6 ROW VARIES 43.5' TO 46' IN // \I Ito // \ 20' VARIES 23.5' TO 26' PAVEMENT 40'BC-BC PAVEMENT, BASE, ETC. , TO MEET CITY STANDARDS FOR RESIDENTIAL COLLECTOR 8' TIED SIDEWALK 5' TIED SIDEWALK AT LOTS 18 & 19, BLK 2 (N❑T AT LOT 1, BLK 1) TYPICAL STREET/LINEAR PARK SECTION BILL WITT DR. (LOO<ING NORTH) NTS 2\4 19 96, O r 0 —I N 1/40 r O co // 13 4287 SF \ // \ Lk 4 165.y 7 i 17 5903 SF 50 47, N4600:, 9'\ E 2 224 69 07-4 M, R UNI C, 2 T VAR I ES 3. 5' AT LOT 1, BLK 1 & AND 6' LOTS 18 & 19 BLK 2 0 20' 40' SCALE: 1"= 20' DETAIL — LOT 17, BLOCK 1 1 "=20' // /!4 / '4267 SF \ \ // / // 15 4287 SF 100' / 1g /26j SF ti C11�- OF CO RPUS P V 8/L� W/ P. �� CHRISTI STl RK FOR LIC ACC (SEE DETAIL �VEHAILS ABOVE)-4 TURN �� 4E� T �E� OUND 20' 20'.. N Q (I/ CA CD /j 20.10 N41°3;°55, 60, Row PLAT OF CROSSWIND ESTATES UNIT 2 PUD CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED: 9/26/19 COMP. NO,: PLAT SH -2 AS PLAT JOB NO,: 08005 SCALE: 1' = 50' PLAT SCALE: SAME SHEET 2 OF 2 N N 111 55 ' ,S4 7° 17, 20"E \ 5°' 8 7, 16, YR 11,8j, O rn �5`9j' / \ \\ / 17 / ,(S2- 111,5 F� 4.3 3 8493 SF - 4275 SP// • 48, 4 tj 0 25' 50' 2 100' (3 5' X 5' PUBLIC WALK EASEMENT AND UE, A PORTION CIF LOT 17, BLK 1 0 .65 • 1=1\ LJ Z ce CO LJ 1-1 PLANNING COMMISSION FINAL REPORT Case No. 0819-01 INFOR No. 19ZN1020 Planning Commission Hearing Date: October 2, 2019 Applicant & Legal Description Owner: MPM Development, LP Applicant/Representative: MPM Development, LP Location Address: 6810 Bison Drive Legal Description: Being 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The subject property is located along the north side of Bison Drive, to the south west of Bill Witt Park, and east of Cimarron Boulevard. Zoning Request From: "RS -4.5" Single -Family 4.5 District To: "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development Area: 5.772 acres Purpose of Request: To allow for the construction of single-family homes on approximately 36 lots with minimum each lot size of 4,267 and one 0.526 -acre linear park which include a sidewalk only along the north side of the street, a 40 -foot wide public right-of-way, and 16.5 -foot front yard setbacks. Existing Zoning and Land Uses Existing Zoning District Existing Land Use _ Future Land Use Site "RS -4.5" Single -Family 4.5 Vacant Medium Density Residential North "RS -6" Single -Family 6 Park Permanent Open Space (Park) South "RS -4.5" Single -Family 4.5 and "IL" Light Industrial Vacant, Low Density Residential, and Light Industrial Medium Density Residential and Light Industrial East "RS -6" Single -Family 6 Park Permanent Open Space (Park) West "RS -4.5" Single -Family 4.5 Low Density Residential, Park, and Drainage Permanent Open Space and Medium Density Residential 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 "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No. 043030 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 109 feet of street frontage along Bison Drive which is designated as a "01" Minor Residential Collector Street and approximately 40 feet of frontage along Crosswind Drive while not designated on the Urban Transportation Plan, is designed as a "01" Minor Residential Collector Street. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Bison Drive "01" Minor Residential Collector 60' ROW 40' paved 60' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -4.5" Single - Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development to allow for the construction of single-family homes on approximately 36 lots with a minimum lot size of 4,267 square feet. Development Plan: The subject property is comprised of 5.772 acres and is proposed to be subdivided into thirty-six single-family lots within the Planned Unit Development (PUD). The density proposed is approximately 6 units per acre. The 36 lots will range in area between 4,267 and 8,493 square feet in size. Based on the reduced lot size, applicant is requesting to have six lots per acre instead of the required minimum of seven lots per acre. Moreover, the applicant is requesting, based on an updated subdivision design, a front yard setback of 16.5 feet on both sides of Airking Drive. The increased front yard setback from the original submittal will accommodate larger personal vehicles and work to prevent any overhang onto the paved section of the right-of-way or any sidewalk areas. Airking Drive will serve as interior vehicular access that will be provided by a reduced public right-of-way of 40 feet while maintaining a 28 feet paved street width. Applicant does not intend to allow a through traffic that connects Bison Drive and internal street, Airking Drive, toward the east end of the subdivision to Bill Witt Complex Park. Airking Drive will therefore be a dead end to the east side. However, a new 60 - foot right-of-way (Bill Witt Drive) will allow a connection from Bill Witt Park to Bison Drive. Bill Witt Drive will have an 8 -foot tied sidewalk to allow for the continuation of the hike and bike trail. Pedestrian access will be provided by a 5 -foot sidewalk on the south side of Airking Drive. The PUD amenities include a neighborhood entry feature and wall with landscaping. The 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 -4.5" Single -Family 4.5 District, Staff Report Page 3 the "RS-4.5/PUD" Single -Family 4.5 District and notes all necessary deviations from the UDC being requested by the applicant. Minimum Dimensions "RS -4.5" District Standards Proposed PUD Deviation Lot Area 4,500 sf. 4,267 sf. Yes Maximum Density 7 Units per Acre 6 Units per Acre No Minimum Lot Width 45 ft. 45 ft. No Minimum Front Yard Setback 20 ft. 16.5 ft. Yes Minimum Street Corner 10 ft. 10 ft. No 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. 35 ft. No Parking Requirement 2 spaces per unit 2 spaces per unit No Airking Drive Right-of-way width 50 ft. 40 ft. Yes Paved Street Width 28 ft. 28 ft. No Curb Type 6 -in. curb & gutter 6 -in. curb & gutter No Sidewalk 4 ft. on both sides 5 ft. on one side Yes Bill Witt Drive Right-of-way width 60 ft. 53 ft. Yes Paved Street Width 40 ft. 40 ft. No Curb Type 6 -in. curb & gutter 6 -in. curb & gutter No Sidewalk 4 ft. on both sides 8 ft. on one side Yes Existing Land Uses & Zoning: The subject property is currently zoned "RS -4.5" Single -Family 4.5 District and is vacant land. The site was formerly owned by The Young Blood Family Partnership and was sold to MPM Development LP in July 2019. To the south and east are properties zoned "RS -4.5" Single -Family 4.5 District comprised of single-family residences. To the north is the 126.97 acres Bill Witt Complex Park zoned "RS -6" Single 6 Family Residential. To the adjoining west of the property is a walking trail to the Public Park alongside a storm water drainage ditch. On the other side of the drainage ditch are single-family residences zoned "RS -4.5" Single - Family 4.5 District. The south and west of the property consist of single-family residences zoned "RS -4.5" Single Family residential District. To the east is the CMC - Steel Group company on a 7.53 -acre site zoned "IL" Light Industrial. Further to south- east and across Bison Drive is are vacant subdivision lots. 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. Plan CC & 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 Staff Report Page 4 Development is consistent with the adopted Southside ADP. The proposed rezoning is consistent 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 compatible with Plan CC and the Southside Area Development Plan. 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 subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes and right-of-way width, while still observing minimum street pavement widths, maximum building heights, parking requirements, and open space requirements. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can also encourage development on difficult sites. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. • The average lot size is approximately 4,463 square feet with an average building footprint of approximately 2,279 square feet. On corner lots, the street yard will not be less than 10 feet. The minimum lot width will not be less than 45 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 has been reviewed by the Technical Review Committee (TRC). Staff finds that the proposed deviations are acceptable, with exception of the garage setback. Planning Commission and Staff Recommendation (October 2, 2019): Approval of the change of zoning from the "RS -4.5" Single -Family 4.5 District to the "RS-4.5/PUD" Single -Family 4.5 District with a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Crosswind Estates Unit 2 Planned Unit Staff Report Page 5 Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 36 single-family residences. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification Number of Notices Mailed — 35 within 200 -foot notification area 5 outside notification area As of September 27, 2019: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 15 inside notification area — 0 outside notification area Totaling 13.93% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Planned Unit Development (PUD) Guidelines and Master Site Plan 3. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/0819-01 MPM Development, LP/Council Documents/Report - MPM Development, LP.docx Staff Report Page 6 Date Creased: 7/19/2019 Prepared By. JeremyM Department of Development Services CASE: 0819-01 ZONING & NOTICE AREA RM -1 Multifamily RM -2 Multifamily 2 RM -3 Multifamily ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -f CG -2 cI CBG CR -3 FFR BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Oev. Overlay RS -10 Single -Family ID RSB Single -Fan fry, 6 RS -4.5 Single -Family 4.5 RS -TF 1Wo.Family RS -15 Single -Family 16 RE Residential Estate RS-TH Townhouse SP Spacial Permit RV Recreational Vehicle Para RMH Manufactured Home Subject PropeRy O Owners wah 200' butter in favor 4 owners within 200' noted on l/ Owners attached ownership table oppos,tmn SUBJECT PROPERTY 42) er)Q.0. LOCATION MAP City of Corpus Christi CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas Owner/Developer MPM DEVELOPMENT, LP P.O. BOX 331308 CORPUS CHRISTI, TX 78463 774-3832 Submitted by: BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 October 9, 2019 CROSSWIND ESTATES UNIT 2 PUD Corpus Christi, Texas DEVELOPMENT DESCRIPTION: Crosswind Estates Unit 2, a Planned Unit Development (PUD) is a proposed single family residential development. The developer is proposing 36 single family residential lots and one 0.084 acre linear park that will be completed in a single phase. The developer is requesting a change of zoning from RS -4.5 to RS- 4.5/PUD to allow deviations from the Unified Development Code. Deviations will include a sidewalk on one side of the streets only, 40' wide street rights-of-way, variable width street right-of-way of 43.5' to 46', 16.5' front yard setbacks, minimum lot size of 4,267 square feet, minimum lot width of 45'. This development will complement existing developments in the area. LOCATION MAP — See Exhibit 1 attached METES AND BOUNDS PROPERTY DESCRIPTION AND SKETCH FOR REZONING — See attached Exhibits "2" and "3". PROPOSED MASTER SITE PLAN AND PLAT — See Exhibit 4 DEED — See Exhibit 5 LOTS UDC — PUD COMPARISON DESCRIPTION UDC-ZONING/PLATTING ORDINANCE REQUIREMENTS (RS 4.5) PUD REQUIREMENTS MINIMUM LOT AREA 4500 SF 4267 SF MINIMUM LOT WIDTH 45 FT 45 FT MINIMUM FRONT YARD 20 FT 16.5 FT MINIMUM SIDE YARD (CORNER) 10 FT (WHEN BACK-TO-BACK W/ANOTHER CORNER LOT (UDC 4.2.8)) 20 FT (ALL OTHER CORNER LOTS) 10 FT MINIMUM SIDE YARD 5 FT 5 FT MINIMUM REAR YARD 5 FT 5 FT MINIMUM OPEN SPACE 30% 30% MAXIMUM HEIGHT 35 FT 35 FT REQUIRED PARKING (OFF STREET) 2 PER ACRE 2 PER UNIT BILL WITT DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 8 FT ON ONE SIDE PAVED STREET WIDTH 40 FT BB 40 FT BB ROW WIDTH 60 FT VARIES 43.5' TO 46' AIRKING DRIVE CURB TYPE 6" C&G 6" C&G SIDEWALKS 4 FT ON BOTH SIDES 5 FT ON ONE SIDE PAVED STREET WIDTH 28 FT BB 28 FT BB ROW WIDTH 50 FT 40 FT Amenities to include: Sidewalk Neighborhood Entry landscaping Lower traffic speed (short streets) Dedication of land for public linear park and drainage Page 1 of 1 5' MIN. REAR YARD S47° 17' 20" E 45. 00' 5' MIN. SIDE YARD S42° 42' 40' W v m v m O 16 4267 SF RESIDENCE STRUCTURE 16' C❑NC WIDE DRIVEWAY S42° 42' 40' W v m 16. 5 YR 5' UE 5' EE N47° 17' 20" W 5' MIN. SIDE YARD 45. 00' f CL PUBLIC STREET 0 N EXHIBIT 5 - TYPICAL RESIDENCE CROSSWIND ESTATES UNIT 2 1 "=20' 0 10' 20' 40' SCALE: 1"= 20' BASS AND WELSH ENGINEERING, CORPUS CHRISTI, TX FILE: EXB—TYP RES, JOB NO. 08005 SCALE: 1" = 20', PLOT SCALE: SAME PLOT DATE: 09/26/19 SHEET 1 OF 1 STATE OF TEXAS § COUNTY OF NUECES § WE, MPM DEVELOPMENT, LP, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF , THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS, PARK LAND AND DRAINAGE AND UTILITY EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF 20 STATE OF TEXAS § COUNTY OF NUECES MOSSA MOSTAGHASI, GENERAL PARTNER THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MOSSA MOSTAGHASI, GENERAL PARTNER OF MPM DEVELOPMENT, LP. THIS THE DAY OF , 20 STATE OF TEXAS COUNTY OF NUECES NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), (TITLE), OF THIS THE DAY OF 20 NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OF TEXAS § COUNTY OF NUECES § I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION, IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. THIS THE DAY OF , 20 NI XON M. WELSH, R. P. L. S. NOTES 1. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. THE TCEQ HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK, BUT IT IS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA. THE OSO CREEK FLOWS DIRECTLY INTO THE OSO BAY. THE TCEQ HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS "EXCEPTIONAL" AND "OYSTER WATERS" AND CATEGORIZED THE RECEIVING WATER AS "CONTACT RECREATION" USE. 2. THE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID, SOUTH ZONE, NAD 1983. 3. THE SUBJECT SITE IS IN FEMA ZONE X, PANEL 48355C0520G (10/23/15). 4. LEGAL DESCRIPTION: A 5.772 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED AS 5.7763 ACRE TRACT 2 IN DEED, DOC. NO. 2007016122, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 28 AND 29, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP WHICH IS RECORDED IN V. "A", P. 41-43, MAP RECORDS, SAID COUNTY. 5. THE TOTAL PLATTED AREA CONTAINS 5.772 ACRES OF LAND INCLUDING STREET DEDICATIONS. 6. CROSSWINDS UNIT 2 (PLAT HEREOF) IS PART OF A PLANNED UNIT DEVELOPMENT (PUD) AS PER ORDINANCE NO. 7. THE PUBLIC ACCESS EASEMENT IN LOT 17, BLOCK 1 SHALL BE THE RESPONSIBILITY OF THE OWNER OF LOT 17 TO MAINTAIN, AS WELL AS THE 5'X5' PUBLIC ACCESS PATHWAY ENTRANCE. 8. THE FOLLOWING ARE DEVIATIONS FROM THE UDC AS ALLOWED FOR PUD HEREOF: DESCRIPTION UDC ZONING/PLATTING REQUIREMENTS (RS -4.5) PUD REQUIREMENTS MIN. FRONT YARD 20' 16.5' MIN SIDE YARD 10' (WHEN BACK TO BACK WITH ANOTHER CORNER LOT (UDC 4.2.8)) 10' 20' ALL OTHER CORNER LOTS 10' STREET ROW WIDTH 50' (AIRKING DR) 40' STREET ROW WIDTH 60' (BILL WITT DR) VARIES 43.5' TO 46' JI 11 a La La z z BRINE ST. GRENOBLE DR. CIMARRON BLVD. YORKTOWN BLVD. PEACOCK DR. MALACHITE D 0 0 0 BISON DR. ___11270N DR. I ILJ If BILL WITT CITY PARK i jT 0 FALCON CARIBOU DR. IMPALA DR. SITE 0 w z w 0 NORTHWIND DR._ LOCATION MAP 1- = 1000' APPROX. PLAT OF CROSSWIND ESTATES UNIT 2 PUD CORPUS CHRISTI, NUECES COUNTY, TEXAS A 5.772 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED AS 5.7763 ACRE TRACT 2 IN DEED, DOC. NO. 2007016122, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 28 AND 29, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP WHICH IS RECORDED IN V. "A", P. 41-43, MAP RECORDS, SAID COUNTY. DATE PLOTTED: 9/26/19 COMP. Nal PLAT SH -LING JOB NO.: 08005 SCALE: 1' = 50' PLAT SCALE: SAME SHEET 1 OF 2 BASS & WELSH ENGINEERING SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 STATE OF TEXAS COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS GABRIEL HINOJOSA, P.E. DEVELOPMENT SERVICES ENGINEER DATE STATE OF TEXAS § COUNTY OF NUECES § THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF , 20 ERIC VILLARREAL, P.E. CHAIRMAN STATE OF TEXAS COUNTY OF NUECES NINA NIXON-MENDEZ, FAICP SECRETARY I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF , 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF 20 AT O'CLOCK .M. IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGE INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS SET 5/8"1, R. Cn co W 'SET 5. /2, I R, 43, 29, 9, 79, 42' 24. 53' 26. 97' 0 M 0 1/40M N28° 41' 55" E 3678 SF = 0. 084 AC 40' STREET ROW 16.5' 5'EE 5'UE 6" CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) 20' 28' BB 20' ROW STREET 3.5' 2% 2" TYPE "D" HMAC ON PRIME COAT ® 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 14' 2.5' 14' 5' 3.5' 16.5' 5" CROWN FROM LIP OF GUTTER ,-CL STREET PROP SAN..) ��PR❑P ST❑. SEWER PIPE v SEWER PIPE 6" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 2% OF OPTIMUM MOISTURE -' 24, 22, N 28° 41' 55" E w r 47 I!7 - 55(0 ,SF u) /.11°J / N 20. 0' 23. 5' 1 / 1 10 I w tri N.1°18' 05" W `0o M . 46. 41' o �I� S18'05'E� 114, d0'R 83. 94 IN IS61 ° 18' 05"E u -i A 41.93L_5 UE I - - 0 r -I 0 PROP STO, SEWER PIPE 2% 5'UE 5'EE 5' WIDE TIED R/C WALK 0._-PR❑P 6' PVC WTR COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 95% STANDARD 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 - 40' ROW AIRKING DR. (LOOKING SE AND EAST) 65 . 72, / \0\Q' /O co 3 rn 4459 SF 1111 a z 9. 5' LINEAR PARK, I' 55' W 380. 98' iv qo 197. 95' (-^2_ o N V) N28° 41' 55' E 21. 93' 62 26. 0' w in o N z 26. 00' 90' B 28, 16.5'YR 19 7030 SF 1 11 ' U E_ 61'30' 46" W Io O I18 D 5183 SF Q' o 16.5'YR M OD=90° 06' 56" R=15. 00' T=15. 03' L=23, 59' CB=S73° 45' 23" W CH=21, 23' OD=14°00' 45' R=134. 90' T=16. 58' L=32. 99' CB=N54° 17' 43' W CH=32. 91' O D=45° 02' 45' R=50. 00' T=20. 73' L=39, 31' CB=S69° 48' 42" E CH=38. 31' OD 0, O 0 W 01 O 1I0, 1 � 165' -L37' YR 1* \ 3 7 \o 4835 sr /50. 00' VE 45,00, 4 4267 sF 0 2 k 8 0 • 428 rn 34, 7.5'UE I- FD /8,1, N6 5 4267 SF S�S', SEE 5'YR 60 0' 46„ 68, 2 104 55' OS„ tv 20' YR FD 5/8' I. R. N61° 11' 10" W 149. 64' 1 -CL BIS❑N DR. CURVE DATA: ®D=89° 53' 04" R=15. 00' T=14. 97' L=23. 53' CB=N 16° 14' 37" W CH=21, 19' D=14° 00' 45" R=94. 90' T=11. 66' L=23, 21' CB=S54° 17' 43' E CH=23. 15' OD=90° 00' 58" R=20. 00' T=20, 01' L=31. 42' CB=N42° 39' 26" E CH=28, 29' D=90°00' 00" R=15, 00' T=15. 00' L=23. 56' CB=S73° 41' 55' W CH=21, 21' D=90°00' 00" R=10. 00' T=10. 00' L=15. 71' CB=N87° 42' 40" E CH=14, 14' O D=89° 59' 02' R=20, 00' T=19. 99' L=31. 41' CB=S47° 20' 34' E CH=28, 28' D=90° 00' 00' R=15. 00' T=15. 00' L=23. 56' CB=S 16° 18' 05' E CH=21, 21' OD=45° 02' 45' R=10. 00' T=4. 15' L=7. 86' CB=S69° 48' 42' E CH=7, 66' w 9. 5' NTS // 6 426j sr to 4873 sr N4 7 BLACK UNIT V 3 9. 5' LINEAR PARK // 7 4267 SF S4 7° // 8 4267 SF it // 9 4267 SF � \r // S4 // 1 X47\17, 1 j 2p "E 2p 1001 14' 10 4267 sr \ 16.5'YR 656' 24' _\ 51/� 47°1,2"W 5--3.---6:-7----4-,- 64j, 65, II�� \ // 514. 77, - AIRKINI DR.I �\_ // 1j \ I /� 16 S4 7° 7' 20,/E 1 S47°1 .r, s / 0 0>_ .6 OSB c 10 SP1 \42'1(o 5'UE -- S4 721, ° 1 7�2' 4. 12 4287 SF 4271 SF `0, 12 - 4\ \1 SF 326 ow/ ND . 68 0A p•,.. TATE. 4 MR. \ // 13 �� 4271 SF v0 ° ti 5 ROW VARIES 43.5' TO 46' 1j1 14 of \ 271 SF O cA � N 00, 6 IN \I Ito I � in 15 I cA rn 428 0 s1 v I I. 20' VARIES 23.5' TO 26' PAVEMENT 40'BC-BC PAVEMENT, BASE, ETC. , TO MEET CITY STANDARDS FOR RESIDENTIAL COLLECTOR 8' TIED SIDEWALK 5' TIED SIDEWALK AT LOTS 18 & 19, BLK 2 (N❑T AT LOT 1, BLK 1) TYPICAL STREET/LINEAR PARK SECTION BILL WITT DR. (LOO<ING NORTH) NTS // \ I� 3 \ rn \ v \ 16 4337 sr 2\4 1 9 96, r 0 co // 13 4287 SF // \ Lk 4 16.5.Y 7 tY i / 17 5903 sr 1'`'I2NvV4 R4 S o 0�1s4, b , E� '9 E UN2 T6M9R CT227.3 W VAR I ES 3. 5' AT LOT 1, BLK 1 & AND 6' LOTS 18 & 19 BLK 2 0 20' 40' SCALE: 1"= 20' DETAIL - LOT 17, BLOCK 1 1"=20' //\ / // 15 4287 sF . tj 20' 2o', N� ,aQ ti Z4/ rn 04 /� 20.10 N4 ° ;(2/ ss, 60' ROw PLAT OF CROSSWIND ESTATES UNIT 2 PUD CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED: 9/26/19 COMP. NO,: PLAT SH -2 AS PLAT JOB NO,: 08005 SCALE: 1' = 50' PLAT SCALE: SAME SHEET 2 OF 2 N N 100' IED/ C11�- OF CO RPUS P V B/L( W/ P. Pq CHRISTI RK FOR LIC ACC I SEE DE-TAIL E-VEHAILS BC �� �E� T �E) O -ND / 7g / /267 sr vo ti ,S4 7° 17, 2p,E \ 5°' 81.47, 16, S 48, 4 Lio IN YR 11,57. cp jivir 0 25' 50' O rn �0, VE �5`9j' \ \\ / 17 / \/// 736x/ SF yFz 111 5\ ' 5' X 5' PUBLIC WALK EASEMENT AND UE, A PORTION CIF LOT 17, BLK 1 0 427, 07/ 3 8493 SF - 2 .65 • S C 1=1\ LJ Z CO LJ PROPERTY ZONING AND NOTICE Corpus Christi, Texas Rezoning Case No. 0819-01 Date: 8-29-19 City Planning Commission Public Hearing Notice CIMARRON CROSSING/ CROSSWIND ESTATES RESIDENTS Greetings fellow neighbors, My name is Gabe Garcia, as is stated in the addressee portion of this yellow attachment. Let me start off by stating that I had absolutely no knowledge of what the details of these re -zoning plans were until I reached out to the Corpus Christi Development Services Department. For more information, you can contact Andrew Dimas (C.C.D.S.D. Board Member) either by phone 361- 826-3584 or through email at AndrewD2@CCTexas.com. Then I decided to try and sum up some of what it entails for those whom these changes will be affecting through a little Q&A. Each home with a Lot# bordering the inner part of the marked off circle all have an equal say in this process. Which contractor/builder purchased the "Subject Property" and has proposed this re -zoning change to the city? Moses Mostaghasi, the sole owner and operator of MPM Homes, Inc. Phone# 361-774-3832 Email: MPMHomes2@gmail.com 6722 Brockhampton St. CC, TX 78414 What is the difference between a "RS -4.5" Single Family Residential Home and a "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay? Our neighborhood is currently zoned as an "RS -4.5" Single Family Residential Home. The 4.5 translates to a home/lot size of at least 4,500sq.ft. This has been, and for now still is, our neighborhoods minimum property size through which a contractor/builder has been allowed to build. As a result, this zoning change would re-classify our neighborhood as an "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay. This change would permit MPM Homes, Inc. to build homes that will be less than our current minimum property size of 4,500sq.ft. If passed, how would this re -zoning change affect me? Here a few ways this would have a negative impact on not only us, but throughout the entire neighborhood... - Smaller lots will create ALOT more congestion and increase the amount of vehicles zooming in and out of our small quiet area of land. - It will allow MPM Homes, Inc. to sell these homes at a decreased amount, extending an open invitation to those who could possibly be less financially stable, and may affect future crime rates in the future. As of today, our neighborhood has had little to no incidents occur within the past 10 yrs. that have negatively impacted our families since we've owned our homes. - Changes made to the effects above may decrease our future property values and make it harder to either sell and/or rent our homes. - A few people that I've had the pleasure of reaching out to firsthand have small kids, including myself. Since developing the newest neighborhood at the dead end on Bison Dr., there have been many more careless drivers speeding throughout our area. The increased congestion only adds to the possibility of an incident. God forbid. As you've probably already noticed, my family and I, as well as the six (6) undisclosed others directly affected by these changes, have submitted this yellow letter back to the city IN OPPOSITION of the rezoning. The yellow copy attached can be submitted to Andrew Dimas by simply taking a photo with your decision filled out at the bottom, and emailing that photo to him directly. This was not meant to be a letter written to persuade, nor dissuade your personal decisions in any way. I do not work for the city, nor do I know Moses Mostaghasi or anyone affiliated with MPM Homes, Inc. I'm just a proud father and home owner who is attempting to lookout for both my family and yours. Feel free to reach out to me, but more importantly to Andrew Dimas in any way concerning this matter and its future impact. This change will most definitely have an effect on all of our fellow neighbors for years to come. Thank you for your time. Best Regards, Gabe A. Garcia 361-585-9175 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 y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al ntimero (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 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 la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a c_ hange to the Future Land Use Map, The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or Tess described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 4th, 2019, 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: AAK-i-EL Address: W322. } oc:2, city/State: CoO Pos ctaIsTar i -x . ( ) IN FAVOR (> IN OPPOSITION Phone: �(a ` CK- PS Smaller lots will create Al_O F more congestion and increase the amount of vehicles zooming in and out of our small quiet arca ni land. It w ill allot MPM I Ionics. Inc. to sell these homes ata decreased amount. extending an open invitation to those who could possibly he less financially stable and may altccl (blur( Crime rales in the future_ As of today. our neighborhood has had little to no incidents occur within the past 10 yrs. that have negatively impacted families since owning our homes. Changes made to the effects above may decrease our future property values and make it harder to either sell and/or rent our homes_ :1 fess people Ilial I've had the pleasure of reaching out to firsthand have small kids, including myself. Since developing the newest nciglrhorhood at the dead end 00 Bison I)r.. +here hast been ratan more careless drivers speeding throughout our arca. The increased congestion only adds to the possibility of an incident. God forbid_ SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No.: 19ZN1020 Project Manager: Osei Amo-Mensah frift Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Depament at least 48 hours in advance at (361) 826-3240. persoflR.PflPk�?�es. gue tienen la inteflc�fl de asistir a esta unta • ue re. uerefl servicios es .eciales se leS SU • liC 0 u den aviso 48 horas antes de la unta Ilarnando al de .aarnento de servicios de desarrollo al 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) 826324O 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.is es iirnitado favor de hamar al de,aamentO de servicios de desarrollo al nmero 361 8263240 al menos 48 horas antes de Ia "unta •ara soUcitar uni.nt.ersrete ser • resente durante la unta. CITY PL 4 N NIN G COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0879-07 MPM Develo • ment LP has petitioned the City of Corpus Christi to consider a change of zoning from the "R54.5" SinqIe-FamiIy Residential to the "RS-4.5/PUD" Sin s Ie-famH Residential and a Planned Unit bveIo. ment Overla resultin • in a chan • e to the Future Land Use Ma • .The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Officiai Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour BIuff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume Al Page 41-43, Map Records of Nueces County, Texas, The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive, 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 4th,20191 during one of the Planning Commission's regular meetings, which begins at 5:30 .m. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views an this rezoning request. For more information, please call (3.61) 826-3240. TOBE DN RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) ANS 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. -rim -Elm " APIMOIPP- Printed N me: Address; ( } IN FAVOR REASON' (g/rsil OppSITION JEL' MAS ON REVERSE SIDE U*O+' Case No l9iNlfl'n City/State. Core I Phor.e50 ( 701g 1 re Case No. 0819M1 Project Manager Osei AmoMensah Andrew Dimas [DevSvcs] From: corina0718 <corina0718@yahoo.com> Sent: Friday, August 30, 2019 10:32 AM To: Andrew Dimas [DevSvcs] Subject: Rezoning on Bison Follow Up Flag: Follow up Flag Status: Flagged [ [ WARNING: E-mail from outside e-mail system, avoid clicking on links or attachments. When in doubt, call the Help Desk at 826-3766 ] ] Hello Mr Dimas my name is Corina Moore and I live at 6818 Bison Dr here in Corpus Christi. I am writing to you today in reference to the notice I recieved in the mail regarding the purchase of 6810 Bison and the possible rezoning. Mr. Dimas I am pleading with you and the rest of the board to deny this. I am born and raised here in Corpus Christi, I am a hard working, tax paying, law abiding citizen, Registered Nurse, wife and mother to two young children. I have lived here in this home for almost 15 years. Everyone directly affected by this possible change has been a long standing resident. Throughout the last two years our neighborhood has changed dramatically due to construction and building. I understand this will happen as our city grows. However, I am concerned regarding the value of our neighborhood decreasing. We have all worked so hard to maintain and pay for our homes. We dont deserve this diservice. As a nurse i am all for serving the community and lifting us up and improving our city. This change will not be doing this. Mireles Elementary is already crowded as our are neighborhood streets. Bill Witt park and the new walking trail are just completed. Cant we enjoy these things without homes being built on top of them? The safety of our kids is the upmost importance and more traffic, construction, possible crime will affect them. We are already at the point where my children can not play in the front yard due to heavy traffic. Please allow us to maintain our neighborhood status and deny this change. If our neighborhood will be subjected to change please let it be POSITIVE for the neighborhood. This isnt all about money this is about the well being of the community. Its unfortunate that it seems that lifting this neighborhood isnt the intent of this new owner. Please be our sounding board in this. Please for a moment put yourselves in our shoes. I am hopeful that you will deny this rezoning. Please contact me for any questions. I am a concerned citizen and mother, please take this all into consideration. Regards, Corina Moore 361 510 1353 Sent from my T -Mobile 4G LTE Device 1 nt Vested to contact Persons �viil, dibititiGS f tannin to attend this meeting,who ma re uire s ectal services, are req the Da��elop���srit Services Deprtment at least 48 hou in advance at (361) 826-3240. Personas cone den 'so � tio) I. 1 tenc�n de asistir a esta 'unta •ue re.uieren servicios es.eciales se les su•lica hOraS antes de la junta Ilamando al deoartamfl*O de servicios de desarrollo al Humero 361 826-3240 ,Y,onl call the Develop�1e if you wish to address the Commission during the meeting and your English is limited, pieRse during the • Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present Ilamar al 1 meeting Si usted desea diri irse a la commission durante la junta su in les es lirnitado favor e desartamento de servicios de desarrollo al Humero 361 826-3240 al menos 48 horas antes de Ia unta para solicitar unint&.reteser • t resente durante la resente durance 'un a. ` r ta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 from the MPMU'evelOflmeflt1 LP has petitioned the City of Corpus Christi to consider a chafl9 e of zoning, "RS -4.5" Sinc�Ee-Family Residential to the "RS-4.5lPUD" Sin le-Fanil Ttie property to be Unit DevelOPflleflt_Overlay, resulting in a chance to the Future Land Use Ma rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as ueces 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, County, Texas, and being out of Lots 28 and 2.9, Section 21, Flour Bluff and EnCifla' ecordsrof arc; warden Tracts, a map ofwhich is recorded in Volume A, Page 41-43, Map rtthe Nueces County, Texas. The property is located Southwest of Bill Witt City Northeast, and Northeast of Bison Drive. 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 WednesdaVSJ2tJi1be! 4th, 2019, 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, THU3 FORM MUSTBEF1LLED 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- 977 2ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Plarining CommissIOfl 3Y4.awst no discussion shall be held by a member yr members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephony cadl or by letter. Printed Name Address: ,_„ IN FAVOR • t • oiy SEE MSP ON REVERSE SIDE \NUN\ )At)t) INFER Case No.: 19ZN1020 See -wk -es :-ftepe :.— �� +1� . � t C C -CES a a 'C rst z oe sig y r- ser Drese : c _ •is 1:'•desl ice: _',�1• �L CITY PLANNING COMMISSfON PUBLIC HEARING NOTICE Rezoning Case No. 0819-41 VP' Development. LP ~as oettt,or~ed the City of Corpus Single-Family_Residentiai .c � ~ t Dei eto •ment Dverla . resultin • in a chane to the Future Land 1.5— sr 6810 Bison Drive. description of a5.77 2 acre. tract cr acre Tract 2 in deed re -corded at Document No. 200701612- - - - - - =- 'k County. Texas, and being out of Lots 28 and 29. Section 2`. -"' . • ` Id:: » _ r: .•,--`. and Garden Tracts. a map of which is recorded in Volume~ ��-' . ._ Nueces County. Texas. The property is located Southwest = J • • " ~0" Northeast, and Northeast of Bison Drive. i _ 4 SSiaf may recom=mend to City Council app -� _.-7 ar ci;or Special Permit Approval o` a onange. _ wD'►t'�� r - _ • aaso have the effect of amending -- Corrr:iss$on will conduct a public hearr the City Council The public neo ---I, 4th. 2019. -; :_ : tie a'a_rning Commission's regular = - --,-;:-'E =+r: - Cour:c, . _ e _ • : _ - :_ec; and Street You are invited -7--1= -- = -.'-'11'-- ''- _ - --- - ._- .7- r--- :=-- '-c:re informatics a'E.ase cad .:1,-::-.-,-..::::,-':.•:_=-- _ E..- -`-. -` --- _.'E', - �ESIDEPAF. E,1_*,- - - - --f ::-i:-..1-:-.-- :,. .-j'' _ -,l- .�1 ►.' E. in accordance with the Planning Commissions 8y -Laws. no discussrro- __,-,- ='_ `i=''= _ _ - _ - -- :r nl= ::f;r- :i 4.37 hiS Commission with an apppicant or appellant cgncerning an application or ap7e ='�`17:Trby telephone cal/ or by letter- Aoc ss 766 _c; vef•n e IN FAVOR V/)/IN OPPOSITION REASON m�e ;Iwo clicb-e" rT orefe _ _ 1 S G 94e G Jie r � �'' Act i C Acre._ arm Phortie �- 5 7 .r SEE Y - - :. _ . ERSE SIDE NF::,P Case *.'o 191,0020 i 1 .'arc 1 f �!- 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 y que requieren servicios especiales. se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrolio, 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 diriqirse a la commission durante la junta y 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 la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 4th, 2019, 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: ( ) IN FAVOR REASON: IN OPPOSITION 0-k )C' City/State: iii Phoney •iO 11- (,o 74L6tfee.A Signature SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No : 19ZN1020 Project Manager: Osei Amo-Mensah 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 intencibn de asistir a este junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrolfo al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Developrnent 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 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 la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 21, 2019, 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. Printed Name: i3/22J ) Address: (pqe>6 City/State: respro e 1-10S'r.7� tj [/ ( ) IN FAVOR IN OPPOSITION Phone3 t 5 9 .� REASON Signature . Y .... SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No. • 19ZN1020 Project Manager: Osei Amo-Mensah 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 este junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrclio, al numero {361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please calf 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 y 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 !a junta. CITY PLANNING COMMISSION PUBLIC HEA RING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or Tess described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 21, 2019, 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 OWNERS) 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: -7-6 t (J/,22/1 -74,v i Address: (. /-16 (a � pct C ,Q1 u i 5 (' Ai& 7' City/State: 1 X, 767 91 LI ( ) IN FAVOR c'1 ' IN OPPOSITION Phone/331 )'3(13 (5-9 3 REASON: P4165-, Le)75 w+/ /I 6 6-kr9 ly° e )/L L I/ • 444/94J'. r Signature SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No.: 19ZN1020 Project Manager: Osei Amc-Mensah 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) 826-3246. Personas con incapacidades, que tienen la intencion de asistir a esta junta y que 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 diriqirse ala commission durante la junta y 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 iunta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 Pian, 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 21, 2019, 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, ay telephone call or by letter. Printed Name;, 77;1„ Address:62(0 / 7 I i26/JC Z ('a p pei S CZ -W17/ ( ) IN FAVOR KIN OPPOSITION REASON: Signature SEE MAP ON REVERSE SIDE Case No. 0819-01 City/State: rK d) 1-f 1 Phone 3q 31 3 INFOR Case No: 19ZN1020 Project Manager Osei Amo-Mensah 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, gue tienen la intencion de asistir a este junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta llamando 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 diriqirse a la commission durante la junta y su ingles es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitor un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or Tess described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 21, 2019, 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/1.7-),lA Address: Z LAO 1 22v1c !' d (gyp{,$ (.!Aiat �T ( } IN FAVOR IA. IN OPPOSITION REASON: r` (• z. '--Signature SEE MAP ON REVERSE SIDE Case No. 0819-01 City/State: T-< 7 Phone:( 1 3 (-4 3 -1 S9 3 INFOR Case No.: 19ZN1020 Project Manager Osei Amo-Mensah Persons with disabilities the Development Services tr. attend ue crane rbcs ❑ this meeting, Who may require 5 hoes fencr°n de asistir a least 48 hours in Facial services, are re _� antes de !a alta Hann esta unto advance at (361) al ce ■ ue re. uieren s } $26-3240- Personasquested to artamento de sresarr es.eciales se con . contact of you wish to address the Com SerVrcrRS ds des less . nca acidadss Services arroNo al nuu arca ■ 0 den aviso 48 Department at (361)g mission duringmato 361 826-3 meeting. Si usted mm -3240 the meeting and 240. dt aa dirt irse a l0 at least 48 hours in your to request is de artamento de se advance limited, grease call the m inter rete ser +esea de dese a l commission durance la ce to request an Development reSent� al nim alfau interpreter bepresent Pmenf un durance la alta. aro 361 826-3240 al mends l8 hot ss Hes deo fantavor a during li the I 48 horns antes de fa de llamar al alta .ora SDlicifar CITyPLANNING COMM PUBLIC HEARING NOTICE ISSION ` p� Devely Rezoning Case No. 0819-01 RS -4.5" gin LP has petitioned Unit Bevelevelo le ment Residential d the City of Cor merit mil pus Christi -consider rezoned is resultin . "RS-4.5/PUD" Sin . a change of zoning described as: in a chart, a to the Future Residential and y from the afore Landa Planned fi81 Q Bison Drive Use Ma . The property to be acre Tract 2 in, description of a 5.T72 Count deed s recorded a .77 acre Y, Texas 'tract of land, more or less described and Garden'and being out of ent No. 2007016122 Rcrd Co t as, an a rang ouwhich is 28 and in, OfFrcial Pu as 5.7763 Count 29, Section 21, Flour Public Records Northeast Tracts, sxas. The property Volume gBluff and p Records Nueces 'and Northeastexas. of property is located Southwest of Bilge 41-C The Planning Drive. Witt City Map of g Commission Park to the zoning classificationmay recommend to Cit Comprehensive Plan and/or Special mend Approval Council approval or denial, or approval zoning. The icatio also have the mit.effepproval of a changeonsistof a formulate a re Planning Commission amending of zoning if inconsistent to r of et the roved commendation to the will conduct a 9 the Comprehensive P ___,212019duan Public hearing for this lan to reflect thee City's formulate g one ofn the Planningtthy Council. Theapproved Chambers, 1201Leopard Commission's public hearing will be h rezoning request to on rezoning LeOla Street- Y regular meetings,gad oa WedneSdarscuss aty g request- For more inrerm ou are invited to tdh which begins at 5:30 thisSE information, attend this m Au use +N QTS ON RECORD, 71-115 FORM MUST S ------ Please call (361)� rn the City ENTIRETY r 826-324p arc hearing to express TOO THE DEVELOPMENT Mp E FILLED OUT, SIGNED BY ti --IE CUR EN your views ANY INFORMATION PROVIDED sERvrc�s DEPARTMENT, Cr 9277 INF ROVIDED BELOW ARTMR RRENT PROPERTY In accordance with� BECOMES PSB fir° P O. Bp RTY OWNED ----------- this Commission with an applicant the Planning ------ _ PUBLIC RECORD- x 9277, CORPS CHRISTI, (5} AND MAILED .---- by telephoneor g Commission e m member r me call orl ing C ant $y Laws no discussion TEXAS 784&9- -by atter. concerning an a shall be --------------------- pplication or appeal, either at home o m ----- members of bbar or Printed Name: office, or in person Address: _ O 6 -- _ ( ) 1N FAVOR IN OPPOSITION REASON EE MAP ON REVERSE SIDE JFOR Case No 19ZN 1 020 ;City/State: Phone: 13 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, 'ue tiernen la intention de asistir a este -unta .ue re■uieren servicios es•eciales se les su•lica •ue den aviso 48 horas aMtes de la unta Hernando al de.artamento de servicios de desarroilo 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 su ingles es lir-nitado, favor de Ilamar al de ■artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la 'tante .ara solicitar !. i Prete ser presente durante la ul nta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 Mf'M Develo ment LP has petitioned the City of Corpus Christi to consider a change of zoning from the "45" Sinr�le-Family Residential to the "RS-4.51PUD" Single -Family Residential and a Planned Unit Pavelo • ment Overla resultinin a chan ■ e to the Future Land Use Ma •. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 zonirg_ The Planning Commission will conduct a public hearing for this rezoning request to discuss and fora mate a recommendation to the City Council. The public hearing will be held on Wednesday, August 21 19 during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City CQ u rcil Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on ti -s rezoning request. For more information, please call (361) 826-3240. Tc @= ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN I7'y ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NI C)-1- r In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of th iii tornmission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, V ]r t ephone call or by ietter. P ri reed Name- _ /6 i' rpi7'J /7-7,9 Jtl f Ad cess: 6 ----2 !) ]IN FAVOR AIN OPPOSITION R ESN: S :'l4AP ON REVERSE SIDE IF R Case No.: 19ZN 1020 ity/State: e (f) 9 Phone: (.511-)3 95-- 511 `-'Signature Case No. 0819-01 Project Manager Osei Amo-Mensah Persons with disabilities planning to attend the Development Se P Persons e Henan i disabilities planning this meeting, who nfencion Department at least 48 may require s thDevelopment mde In de asistir a esta hours in advance special services unto Naar unto •ue re. at (361) 826e are requested to contact ando al de.artamento de se uieren de desios 246 Personas con If you wish to rvicios de 8o al n l n o les g8 rnca acidades Services Department the Commissionsarrolle al ncimero 361 Lica •ue den aviso 48 meetin partment at(361) 828-3240. nt 9 Si Listed addesea 825 3240 at duringleast the meeting and your English is limited dei vices Den din. itsa hours in advance please C m inter . dSedesearvicios de dirse alio commission durante I to request an interpreterlas toe De flamer el ate ser . resente durante ! al Humero 361 a unta be present Burin a olloa. 826-3240 su i8 hot es lfavor during the a! arenas 48 horns antes dede llama+ al !a unta .ata solicitor CIN PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case MPM Develo ment No. 4879-D7 "RS-4.5" Sin LP has petitioned the 'nit flevelo -Famtl Residential d the of Cor meet ❑ it pus Christi to consider a rezoned is described as: a esultin • in a than. 51PtJ❑ Sin • change of tonin e to the Future Residential and ay from the uture t.and Use Ma • ThePlanned 6810 Bison Drive property to be acre Tract 2 inDrive, of a 5.772 Count deed recorded acre, tract of land Y, Texas, 2 in and at Document No. 2007016122more or Pus and Garden Tracts, a mapg out of Lacs 28 a , Official Public as 5.7763 Nueces County, of which is record 29, Saction 21, Flour B bllc Records 1Vorthe en Tra Texas. epropertyVolume q lull and ,Nueces ast, and Texas. T of opis located Ek coalFarm Southwest of Bill ge ¢1'43, Map Records of The Planning Commission Witt City Park to the taming classification may recommend to Cit Comprehensive Plan ssion Special Permit. ApprovalY Council approval or denial, or a zoning. The io' will also have fhe effect oof a changeinconsistent n an intermediate formulate a Planning Commission amending of zoning if inconsistent with recommendation s the conduct the Comprehensive rezoning to reflect thei the City's _2_,1 2019 duringa public hearing for this re Council Chambers, one of the Pi City Council. The public hearingtoninapproved bets, 1201 Leopard Commission's re will be g request to discuss and on rezoning q Street. y regular meetings, held at Wednesda 9 re oast. Far You are invited to gs which begins 5:30 publi IN FORM FILLED 9277. ANY RECORD, INFORMATION DEVELOPMENT MUSTTET OUT, SIGNED BY PROVIDED B SERVICES DEPARTMENT, THE CURRENT p 9277 l accordance corgi ELOW BECOME MRET, P- O. BOX 9277ROPERTY this �o once with the Planning S PUBLIC RECORD. , CORP OWNER(S) AND MAILED mrrrisslon with an applicant or t15 CHRISTI, by telephone g Oo+nmission By-Laws TEXAS 78489- -- call or by letter. appellant concerning no discussion shall be ��-- g an application or held by a rr?e appeal, either +mbar or rnemb -- at home or ars of Printed Name:---�___—_ office, or in �' � person, Address: c () 1N FAVOR TX) IN OPPOSITION REASON; EE MAP ON REVERSE SIDE FOR Case No,; 19ZN 1020 City/State: Phone:� 's7 7 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 intenci6n de asistir a esta junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de la iunta llamando 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 diriqirse a la commission durante la junta y su ingles es limitado favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al mends 48 horas antes de la junta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 21 2019, 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 fetter. Printed Name: ti.%� (0/99 Address: /4.406 S i % 2 Cev P zi y C' 1-14) /1"; • City /State e ) cJ ( ) IN FAVOR (IN OPPOSITION REASON: Phone.( / )5c 3-- 1 3 (-Signature SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No.: 19ZN1020 Project Manager: Osei Amo-Mensah 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 intencian de asistir a este funta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de is 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 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 la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or less described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County, Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinai Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 21, 2019, 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. 70 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, R 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: ",..7;;/---- (1)./y71Yj_.1-]"_, Address: { ) IN FAVOR (�[ ] IN OPPOSITION REASON: % ignature SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No.: 19ZN1020 Project Manager: Osei Amo-Mensah City/State:CO Pi)/.)5C P1,2) S/, '7' ciAI Phone:(1) Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact tie Development Se -vices Departrrent at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intension de asistir a este junta y que requieren servicios especiales, se les suplica cue 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 v su ingles es limitado favor de Ilamar al departamento de servicios de desarrollo al nt)mero (361)_826-3240 al menos 48 horas antes de la iunta para solicitar un interprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0819-01 MPM Development, LP has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -4.5" Single -Family Residential to the "RS-4.5/PUD" Single -Family Residential and a Planned Unit Development Overlay, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 6810 Bison Drive, description of a 5.772 acre, tract of land, more or Tess described as 5.7763 acre Tract 2 in deed recorded at Document No. 2007016122, Official Public Records, Nueces County. Texas, and being out of Lots 28 and 29, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas. The property is located Southwest of Bill Witt City Park to the Northeast, and Northeast of Bison Drive. 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 Citys 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 4th. 2019. 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 horns• or office, or in person, tilt telephone call at by letter. Printed Name. /2001(.- 00" t, u°i' &thwA4 Address t int L i(vdc i>Z City/State. COA c 4,c; t ) IN FAVOR (44 IN OPPOSITION Phone: REASON 1 J 0 F)(Ln/ti -4-e orJ Sig tune SEE MAP ON REVERSE SIDE Case No. 0819-01 INFOR Case No.: 19ZN1020 Project Manager Osei Amo-Mensah CASE: 0819-01 Aerial with Subject Property ElSubject Property {C} Open31.160%1E1p and canUibut,crs. Creetrre Commons -snare AiiKe Li.m nse {CC-RY-SA Zoning Case #0819-01 MPM Development, LP Rezoning for a Property at 6810 Bison Drive From "RS -4.5" To "RS-4.5/PUD" City Council November 19, 2019 Aerial Overview 14" Vicinity Map I- / sour. suwe,Kr, (c) OpenStreetMap and contributors, Creative Commons -Share Alike License (CC -BY -SA) 2 Subject Property at 6810 Bison Drive VitiOy Map N ( Cps !la s Map And cont.. s. Crea Live rno ns-Sna re AliKe License 3 Zoning Pattern 45 ft. 16.5 ft. 10 ft. 5 ft. 6 Units per Acre 4,267 sf. Deviation Table Minimum Dimensions "RS -4.5" District Standards Proposed PUD Lot Area Maximum Density Minimum Lot Width Minimum Front Yard Setback Minimum Street Corner Minimum Side Yard Minimum Rear Yard Minimum Open Space Maximum Height 4,500 sf. 7 Units per Acre 45 ft. 20 ft. 10 ft. 5 ft. 5 ft. 30% 35 ft. 5 ft. 30% 35 ft. Parking Requirement 2 spaces per unit 2 spaces per unit Deviation No Yes No No No No No No Deviation Table Right-of-way Deviations W- 11M11 Airking Drive Right-of-way width Paved Street Width Sidewalk Bill Witt Drive Right-of-way width Paved Street Width Sidewalk 50 ft. 40 ft. Yes 28 ft. 28 ft. No 6 -in. curb & gutter 6 -in. curb & gutter No 4 ft. on both sides 5 ft. on one side Yes 60 ft. 53 ft. Yes 40 ft. 40 ft. No 6 -in. curb & gutter 6 -in. curb & gutter No 4 ft. on both sides 8 ft. on one side Yes Revised Master Site Plan ga .X -ELT 61 r x STOOPIIM WINIOMI L 10[ N1EINK COT 10 e9R 1091001 r.OL'TOR 00 1IT .T . 12101E 0001113? ./- 12 OF 041114110 KUM. 3 11111..-2. 2 -EE n.c -e' U E TIM= 9.ao1422 TOT mug, fan rN 9CL, Ir 911011 1x1 03.1211113 10 WI 9440.O r1YK104 141,121 449119 . - T91 0016£1110: Axa CF OTO 01 YOI5Rrt 11.E 130 0.49 .1 311E .CE a 34 19/9• Ra eC .E.nu: 1x0„31 CW1C111[aL MISC. 1•,x01111. eexuN cr. w. n r 124,o C. TYPICAL STREET SECTION - 40' ROW AIRKING DR, {LOOKING SE AND EAST) on. S47. / X / 4' 110 SCALD 1'4 20' DETAIL - LOT 17. BLOCK 1 130 4 1�16q °j�en1 '12lCt"1�C ED r "kr X11 41 h '�Ilr • e I.E.T SP wilt EMS.- WO Artr LOT 19. 1L0 l 131, 9rr L See. 1Q4. $g 05' 1100, S0 v3,LR N47. l,. 1.n1jpt 326 3 EST rru` ! 1 k46. 0.1 54, �9'Y . y.T0 1 h4 tC2214rr 4 .10•06▪ 0' Y• T.ISCO L•9'1.914 p▪ 4•eu h' ® M 1..10 1.11. W C.ae w e.1./ 1.4 ST 134•22 03' N61.11' 10'10 149.64' TCL USER IR. 011017 DATA, 14.1T V ] %00' ® 4. 3 420.92 1419 ar 9 W 4 bx1e414. 1011 [9•05,r41W1 110IY1ro°'E 114421, If 4Ir11 ZIP 1231.21' 0,114144 S... •9 0L0..W. 0 1.. ...Mr;'. 4.11..4' Mg: 44.14 L.4143.1L.4143.1L.4143.14.Ls9. TT 111.1. 0!19.•1041'4 C}.ET 444.0'C Cr9N•..'.2•E Cm- . IT CW1. 14' C14•1. Y' 1.9' LIOE°O 144414 i *303 111- TO 141' ACL FAD/ENT .rcx-/ •4/4940a- t1 4.5, ETC.. 9E91TL'RiL 7LLECT91 llrn • ,ITh 214,14., ., Y▪ tlTE 7 a L0111, °LII 301211 TYPICAL STREET/LINEAR PARK SECTION BILL WITT DR. {LOOKING NORTH) e0 1. LOT 17111L°iS i°1, 0,3 L Sg 39 d. dr, a4• 7 Cross Section Airking Drive Bill Witt Drive u1 40 STREET ROW 16.5' 5'EE 5'UE 6" CRY STD. R/C CURB AND 28 GUTTER (TYPICAL 6071-1 SIDES) 20' 28' BB 20' ROW STREET 2" TYPE "D" HMAC ON P GALLONS PER SOUARE Y. FOR PRIME COAT) 14' LIME COAT 0 0.15 RD (NO SEPARATE PAY 2.5' 14' 5" CROWN FROM UP OF GUTTER CL STREET PROP SAN.. �i PROP STD. SEWER PIPE SEVER PIPE 6" CRUSHED UMESTONE BASE TO 2' BEHIND C & 0 TO MEET REQUIREMENTS OF CRY STANDARD SPECIFICATION 025223 CRUSHED UMESTONE FLEXIBLE BASE. COMPACT TO 958 MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 28 OF OPTIMUM MOISTURE 9. 5' p iT PROPOST0. SEWER PIPE 16.5' 2% 5'UE 5'EE WIDE 110) R/C WALK O...rPRDP 6' PVC VTR COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 8" UNE STABIUZED SUBGRADE TO 2' BEHIND C66 BOTH SIDES OF STREET AND COMPACTED TO 955 STANDARD PROCTOR DENSLY 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 060 ANO TO 2' BEHIND C&G TYPICAL STREET SECTION - 40' ROW ROW VARIES 43.5' TO 46' 20' VARIES 23.5' TO 26' PAVEMENT 40'BC-BC PAVEMENT, BASE, ETC. , TO MEET CITY STANDARDS FOR RESIDENTIAL COLLECTOR 8' TIED SIDEWALK 5' TIED SIDEWALK AT LOTS 18 8. 19, BLK 2 (NOT AT LOT 1, BLK 1) 8 Planning Commission and Staff Recommendation Approval of the change of zoning to the "RS 4.5/PUD" Single Family 4.5 District with a Planned Unit Development District. PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Crosswind Estates Unit 2 Planned Unit Development (PUD) Guidelines and Master Site Plan. The development of the Property is to consist of 36 single-family residences. 2. Other Requirements: The PUD conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section 3.5.9. of the Unified Development Code (UDC). Public Notification 35 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 15 (13.93%) In Favor: 0 (0%) 11 UDC Requirements Buffer Yards: "RS 4.5/PUD" to "IL" Type D: 20 points (8 ft. fence). Setbacks: Street with sidewalk: 20 feet Street without sidewalk: 15 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes Original Master Site Plan GM :A VC ws ..0 LuT. m.a w., Blsl BB Ja OOBn .4447 WM COW 1.404 n OW ,rag,]w�+.�i1C rn 714 .T Pt 1111 041.31 ,* w,or ow c.e✓ mr�w'w% ]o uiiL 00..1 oO •/- 30 e1 000•40, 407 w .rc 444 i 4 r0.11 . c .4; •N 1. >�u 51 MIX .014 0 cm b TON. Goal .o Na111014 0"..1 5.1.44 1401101 [4'A V 0Mo. wsM]. lw[ NY1 l VO OI Tr40.1.1 '00,4510' ,44F'a C0:•0,07 OM COI TYPICAL STREET SECTION - 40' ROw U OOKENG SE ANO EAST '2o 4. / i� iii p o C• orl so .0 , i 0. O TaL - LOT 17. BI ax 100 or•� ��4 b 00 Wr ,NII[ 4F1a�im• 117 1' 10' Y 149. 64' 1[51•1 54 _ '24.57• lug 0.15'25 5]• 00- 4454 G� 1.15 42 ?I.00 24• Y ce421.00 26•1 1.09' .1.137 3B' ' m' 50• ® 040 00' 00• 00' 4.10. OP 00' 1.10. 00 )I' L-15. 71' os •y� 0-104.07 45• 445.40 T.113_ el' 44607 CB•407.2. 47.4 1•,•102 45' ® 0••S.OY 45' 4.10 00' T•4. 15' •� ee' • r PLAT OF , gyp,.' ' O l/ ^240] ti! 05 tei 13 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 DATE: TO: November 8, 2019 Peter Zanoni, City Manager FROM: Rosa Medina, Director of Human Resources rosam@cctexas.com (361) 826-3306 Reducing Texas Municipal Retirement System (TMRS) increase in retirement annuities from 70% of CPI (Consumer Price Index) to 30% annually repeating CAPTION: Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. SUMMARY: To establish the increase in retirement annuities at 30% of CPI (Consumer Price Index) annually repeating consistent with the agreement between the City of Corpus Christi and the City of Corpus Christi Police Officers' Association, effective October 1, 2019 to September 30, 2023. BACKGROUND AND FINDINGS: On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities at 70% of CPI. On September 15, 2015 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities at 70% of CPI". On November 27, 2018 Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities at 70% of CPI" for 2019 and subsequent years. On October 15, 2019 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Decreased Prior and Current Service Annuities at 30% of CPI". ALTERNATIVES: The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. FISCAL IMPACT: The fiscal impact for the City will be a reduction in the TMRS contribution rate from 24.61% to 18.69% beginning January 1, 2020. Funding Detail: Fund: Multiple Organization/Activity: Multiple Mission Element: Multiple Project # (CIP Only): Account: 511000 RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. Whereas, Ordinance #031602 provides for updated service credits on January 1 of each subsequent year until the ordinance ceases to be in effect (repeating), meeting the requirements of Texas Government Code §854.203; and Whereas, the agreement between the City of Corpus Christi and the City of Corpus Christi Police Officers' Association, effective October 1, 2019 to September 30, 2023, provides for Updated Service Credits (100% repeating) and Annuity Increase 30% of CPI (repeating). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section1. Increase in Retirement Annuities. (a) On the terms and conditions set out in Sections 854.203 and 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 30% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of the increase under this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the Benefit Accumulation Fund of the System. Section 2. Dates of Increases. The initial increase in retirement annuities hereunder shall be effective on January 1, 2020, subject to approval by the Board of Trustees of the System. An increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act, and provided further that, as to such subsequent year, the City has an ordinance in effect that provides for a simultaneous increase in updated service credits as that term is used in the TMRS Act. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2020. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 19, 2019 Second Reading Ordinance for the City Council Meeting December 10, 2019 DATE: TO: October 22, 2019 Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation FredScctexas.com (361) 289-0171 Assignment and Assumption of On -Airport Rental Car Concession and Lease Agreement CAPTION: Ordinance consenting to and ratifying an assignment of the On -Airport Rental Car Concession and Lease Agreement ("Agreement") from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. SUMMARY: Avis Budget Group has been acquiring it's third party franchisees. In the Coastal Bend these include Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car). As such Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car) have assigned to Avis Budget Car Rental, LLC all of its rights and interest in and to the On -Airport Rental Car Concession and Lease Agreement to Avis Budget Car Rental, LLC. BACKGROUND AND FINDINGS: The City, Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), previously executed an On -Airport Rental Car Concession and Lease Agreement dated September 25, 2019. Avis Rent A Car and Budget Rent A Car have assigned all of its rights and interest in the Agreement to Avis Budget Car Rental, LLC effective October 3, 2019. Therefore, the City, Avis Rent A Car, and Budget Rent A Car desire to enter into an assignment and assumption to the On -Airport Rental Car Concession and Lease Agreement to formally agree that Avis Budget Car Rental, LLC will assume the lease agreement. Avis Budget Group will continue to provide Avis and Budget rental options so this assignment will not affect the number of rental car options available to the customers of the Corpus Christi International Airport. ALTERNATIVES: No viable alternative exists. FISCAL IMPACT: This is a revenue neutral assignment. Avis Budget Group will lease the counter/office space, ready/return lot parking spaces, QTA office spaces, shop/maintenance spaces, QTA parking spaces, and common space that were leased by Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car). Avis Budget Group will also assume the minimum annual guarantees of both companies. The Avis Budget Group will pay the airport $313,014.19 annually based on the space they are leasing and the Minimum Annual Guarantee in the bids for the Concession. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): N/A Account: RECOMMENDATION: 4610 Airport Fund 35000 Airport Administration 888 320310 Auto Rental Concession Staff recommends approval of this ordinance consenting to and ratifying an assignment on the On -Airport Rental Car Concession and Lease Agreement with Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car) and South Texas Auto Rental Services, LLC (dba Budget Rent A Car) to Avis Budget Car Rental, LLC for the operation of a car rental concession and lease at the Corpus Christi International Airport as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Assignment of Automobile Rental Concession and Lease Ordinance consenting to and ratifying an assignment of the On - Airport Rental Car Concession and Lease Agreement ("Agreement") from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. WHEREAS, the City of Corpus Christi ("City") executed an Agreement with Coastal Bend Rent-A-Car, doing business as Avis Rent A Car, and South Texas Auto Rental Service, LLC, doing business as Budget Rent A Car, effective October 1, 2019; WHEREAS, Avis Rent A Car and Budget Rent A Car have each assigned their respective rights and interests in the Agreement to Avis Budget Car Rental, LLC ("Avis Budget"), and desire to obtain the City's consent to and ratification of the assignment and assumption, by Avis Budget, of all duties, obligations, privileges, and benefits set out in the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. All content included in the preamble of this ordinance is incorporated by reference as if set out here in its entirety. SECTION 2. The City Council, pursuant to Article IX, Section 4, of the City Charter, and the provisions of the Agreement, consents to and ratifies the assignment and assump- tion of the Agreement from Avis Rent A Car and Budget Rent A Car to Avis Budget Car Rental, LLC, effective 12:01 a.m., October 3, 2019. Furthermore, the City Manager, or his designee, is authorized to execute all documents among the parties related to the assignment and assumption of the Agreement, including an estoppel certificate, if needed. A copy of the assignment and assumption document is incorporated by reference as if set out here in its entirety. The foregoing ordinance was read for the first time and passed to it's second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 ASSIGNMENT OF AUTOMOBILE RENTAL CONCESSION AND LEASE This Assignment of Automobile Rental Concession and Lease ("Assignment") is made between Coastal Bend Rent-A-Car, Inc, DBA Avis Rent A Car, South Texas Auto Rental Services, LLC, DBA Budget Rcnt A Car ("Assignor"), a corporation, and Avis Budget Car Rental, LLC, a limited liability company ("Assignee"). Recitals 1. An On -Airport Rental Car Concession and Lease Agreement was executed on or about August 13, 2019 between City of Corpus Christi ("City") and Assignor, for a term of five years beginning October 1, 2019 and ending September 30, 2024 (the "Agreement"). Assignor is currently operating at the Corpus Christi International Airport ("Airport"). Under the Agreement, City grants certain nonexclusive operating rights and leases certain premises to Assignor at the Airport. 2, Assignor has initiated a proposed Purchase Agreement with Assignee to sell certain assets including assignment of the Agreement and related operating rights for the Avis and Budget brands at the Airport (the "Transaction"). 3. The Assignor now wishes to assign the Agreement to Assignee, and Assignee wishes to assume the Agreement. Assignment In consideration of $10 and other good and sufficient consideration, receipt of which is acknowledged by this Assignment and the agreement of the Assignee set forth below, the Assignor assigns to the Assignee and the Assignee's heirs, assigns, executors, and administrators all right, title, and interest in and to the Agreement, including without limitation the right to operate the Avis brand as non-exclusive ear rental concessions at the Airport. A copy of the Agreement is attached to this document as Exhibit A, and incorporated by this reference for all purposes. The Assignee accepts the assignment and agrees to fulfill all the terms and covenants required by the Assignor under the Agreement, from the Effective Date of this Assignment, including making all payments due to or payable on behalf of the City when due and payable. Thc Effective Date is hereby defined as the Effective Date of the Purchase Agreement and subject to and contingent upon closing the Transaction. Responsibility for the terms and covenants under the Agreement as to periods prior to the Effective Date of this Assignment, including without limitation making all payments due or payable on behalf of City when due and payable, shall remain with Assignor. Binding on Successors This Assignment will hind and inure to the benefit of the parties, their heirs, executors, administrators, successors in interest, and assigns. ASSIGNOR Coastal Bend Rent-A-Car, Inc. DBA Avis Rent A Car South Texas Auto Rental Services, LLC., DBA Budget Rent A Car By: Coastal Bend Rent-A-Car, Inc. DBA Avis Rcnt A Car P.O. Box 4875 Corpus Christi, Texas 78401 Dated: q—a7--I9 South Texas Auto Rental Services, LLC DBA Budget Rent A Car Dated: `{— A -7H `i ASSIGNEE Avis Budget Car Rental, LLC By: Anne D. Morrison Vice President of Properties and Facilities 6 Sylvan Way Parsippany, NJ 7¢1 54 Dated: 1 f '7J;lr J 1 CONSENT OF CITY Thc Landlord in the Agreement described in the forgoing Assignment consents to assigning the Lease to Avis Budget Car Rental, LLC, and releases Coastal Bend Rent-A-Car, Inc. DBA Avis Rent A Car and South Texas Auto Rental Services, LLC. from any further liability or obligation under the Lease as of the EtTective Date. Dated CITY OF CORPUS CHRISTI, TEXAS By (CRP) EXHIBIT "A" ON -AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT COASTAL BEND RENT A CAR, INC. (AVIS) / SOUTH TEXAS AUTO RENTAL SERVICES, LLC (BUDGET) STATE OF TEXAS § COUNTY OF NUECES § g This ON -AIRPORT RENTAL CAR CONCESSION AND LEASE AGREEMENT ("Agreennenr) Is entered into by and between the City of Corpus Christi, a Texas home -rule municipality ("CITY"), acting through its Director of Aviation ("Director), and Coastal Bend Rent-A-Car, Inc., a Texas corporation. (doing business as Avis Rent A Car) and South Texas Auto Rental Services, LLC, a Texas limited lability company (doing business as Budget Rent A Car) operating under the laws of the State of Texas (collectively, the latter two parties being referred to as "CONCESSIONAIRE"). WHEREAS, the CITY owns and operates the Corpus Christi International Airport located in Corpus Christi Nueces County, Texas ("Airport"); WHEREAS, rental car services on and at the Airport are essential to the proper accommodation of passengers arriving at and departing from the Airport; and WHEREAS, the CITY desires to make the services available at the Airport and CONCESSIONAIRE is qualified to fumish and perform the necessary services pursuant to this Agreement NOW, THEREFORE, in consideration of the foregoing and the terms, conditions, and covenants stated in this Agreement, the parties agree for themselves, their successors, and authorized assigns, as foliows; ARTICLE 1. TERM The term of this Agreement is five years. effective October 1, 2019, and ending at midnight on September 30, 2024, unless sooner terminated as provided in this Agreement. Any holdover by CONCESSIONAIRE following the expiration of this Agreement may only occur if in accordance with the holdover provisions set out elsewhere in this Agreement. ARTICLE H. PRIVILEGE OF CONCESSION AND LEASE; NONEXCLUSIVE A. CITY hereby awards and grants to CONCESSIONAIRE, and CONCESSIONAIRE hereby accepts, the privileged right and obligation to conduct and operate an on -Airport rental car service at the Airport ("Concession") and the !ease of land and improvements Located on Airport property for the sole purpose of operating the Concession ("Lease"), ail during the term of this Agreement on a nonexclusive basis for the purpose of arranging rental car and related services for Airport customers where such services are furnished try CONCESSIONAIRE_ For the purposes of this Agreement, "customer" means any person, including an entity, that rents a motor vehicle from a car rental company at the Airport regardless of whether the person receives the vehicle on the Airport premises and includes any person receiving complimentary or discounted rentals. For purposes of this Agreement, "car means any non -chauffeured, self-propelled motor vehicle on four wheels for passenger transportation with a maximum capacity of 15 passengers (including the driver). Self -haul (such as U-HauITM), freight, and cargo trucks, delivery vans and trailers, and motor homes do not qualify as cars under this Agreement, and rentals of such motor vehicles are not permlted at the Airport. "Vehicle" may be used to denote "car in the Agreement, but any interpretation of the meaning or context of use of the word "vehicle' is limited to the definition of *car specifically provided herein. B. The concession rights and privileges granted and awarded to CONCESSIONAIRE are expressly made subject to all terms, conditions, and covenants of this Agreement. CONCESSIONAIRE specifically acknowledges and understands that City intends to grant rental car concessions to other persons. The award of concession rights and privileges to such other concessionaires shall not constitute a violation of this Agreement nor, in the event of the cessation or termination of such other rental car concessions during the term hereof, shall the award of concession rights and privileges, and the lease of necessary land and improvements, to a substitute or successor concessionaire constitute a violation of this Agreement. Notwithstanding the foregoing and in recognition of the staff time, resources, and expenses incurred by the CITY in undertaking a solicitation and tease of this nature, any rental car concession operator who was an incumbent on or within the six-month period immediately preceding the date of the Page 1 of 33 CITY'S City Council approval, by ordinance, of the execution of this Agreement and who chose not to participate by submitting a proposal or, if submitted, had the proposal rejected by CITY as incomplete or nonresponsive, will not be afforded an opportunity to locate on -Airport until the expiration of 24 months following the effective date of this Agreement, such opportunity and ability to locate on or after that time period being subject to an award of concession privileges and the grant of a lease by the CITY'S City Council_ C. As a nonexclusive Concession. CiTY has the right to deal and perfect agreements or arrangements with any other person, firm, or company to engage in similar activities; provided, however, that no such other on -Airport rental car concession agreement or arrangement may contain terms, conditions, or covenants more favorable to any other rental car concessionaire than those granted to CONCESSIONAIRE in this Agreement (excluding differences related to the number of allocated terminal counterfoffice space, terminal parking spaces, the location of the concession area, and the location of service/maintenance facilities, all of which are determined by the minimum annual guarantee provisions under this Agreement), induding as to any rents, fees, or guarantees provided for in this Agreement. In the event that any agreement granted by the CITY to any other on -airport rental car concessionaire may be deemed to contain terms, conditions, or covenants more favorable to such other concessionaire than the terms, conditions, and covenants in this Agreement, then, the CITY may, at its sole discretion, amend this Agreement to include terms, conditions, and covenants that are comparable to that of the other on -airport rental car concessionaire. ARTICLE 111. LEASED PREMISE$ A. In accordance with this Agreement, CITY leases to CONCESSIONAIRE sufficient space to conduct its Concession operations within the Airport terminad building located at 1000 International Drive in Corpus Christi and at a separate quick turnaround area ('QTA'), also on Airport property and located at 474 Pinson Drive, in Corpus Christi, both locations as further described in this Agreement and depicted in Exhibits "A' and B" (which includes terminal counter, office, queuing, and hallway space as well as ready/return parking lot spaces) and Exhibits "C," "D," and "E" (QTA facility area; QTA office and maintenance location, fueling stations, car wash bays, and support/storage areas; and QTA queuing lanes, employee parking, and temporary storage vehicle parking), all exhibits being attached to this Agreement and the content of each exhibit being incorporated by reference into this Agreement as if set out fully here in its entirety. Collectively, the two separate locations (terminal and QTA), each of which contains common use areas and exclusive use areas for the operation of CONCESSIONAIRE'S Concession, may be referred to in this Agreement as the 'Leased Premises". B. The Leased Premises, as noted, consists of both common use areas and exclusive use areas. Common use areas are defined to include ail land, buildings, walkways, landscaping, and other improvements leased within as well as outside of the Airport terminal budding and within the boundaries of the QTA, as applicable, that are not otherwise exclusively leased by CONCESSIONAIRE and are available for shared use by CONCESSIONAIRE as well as by any other rental car concession operator who has executed a similar concession and lease agreement with CITY, as such land and facdiies are further delineated in this Agreement and Exhibits A, B, C, D and E, and which areas are subject to modification or adjustment in size or availability for use from time lo time by the Director as may be necessary for the efficient operation of the Airport terminal bu1ding and the QTA. Ready/return parking lot spaces,as further delineated in this Agreement and the exhibits, are deemed common use areas that are preferentially assigned by the Director and subject to reallocation and reassignment during the term of this Agreement, as such reallocation and reassignment are further described elsewhere in this Agreement. Exclusive use areas are defined to include all allocated counter, office, service/maintenance space, and queuing lane space designated and leased only to CONCESSIONAIRE, as further delineated in this Agreement and the exhibits, and which may be subject, under specified terrns and conditions set out elsewhere in this Agreement, to removal from exclusive use and reallocation of the space at one or more times during the term of this Agreement. The Director's decisions in administering this Agreement shall be reasonably applied with due regard to the rights of the parties hereunder. C. Terminal ,Space_— Inside. Common use areas and exclusive use areas in the Airport terminal building and adjacent parking lot area are leased to CONCESSIONAIRE as follows: Page 2 of 33 1. Allocation of Counter/Office Wooer; Location. Counterioffice spaces wilI be allocated by the CITY on or about October 1, 2019, based upon the initial minimum annual guarantee (°MAG') amount submitted by CONCESSIONAIRE, in response to the City's request for proposals for award of an on- Alrport rental car concession (`RFP'), as measured against the MAG amounts submitted by all rental car concession operators. (A copy of the RFP and CONCESSIONAIRE'S submitted response to the RFP are both incorporated by reference into this Agreement as if set out here in their entireties.) The rental car concession operator who submitted the highest MAG will choose their preferred counter location first; the operator who submitted the second highest MAG will choose their preferred counter location next from the remaining available locations; and selections of the remaining counter locations will continue in the same manner and descending MAG order until all rental car concession operators have selected a location. if CONCESSIONAIRE, immediately prior to the execution of this Agreement, was a current rental car concession operator at the Airport, CONCESSIONAIRE may elect to, upon its turn in order of MAG priority and subject to such space remaining available, retain its existing counter tocation. The foregoing notwithstanding, consideration may be given by the CITY, in its sole discretion, to determine the location of CONCESSIONAIRE'S counter space to minimize relocation costs and to balance the utilization of the counter spaces. The counter location selected by CONCESSIONAIRE includes the companion adjacent office and customer queuing area. CONCESSIONAIRE'S counter, office, and queuing space are shown in Exhibit A. 2. Desis:matlon of Counter, Office. Queulno, and Hallway Spaces. CONCESSIONAIRE'S assigned terminal counter, office, and queuing spaces are deemed exclusive use areas. The hallway space for ingress and egress adjoining CONCESSIONAIRE'S office space (as well as adjoining all other rental car concession operators' office spaces) is deemed a common use area. 3. Rent for Counter and Office Spam. CONCESSIONAIRE shall pay to CITY, without notice or demand, for the right and privilege of doing business at the Airport via occupancy of counter and office spaces, use of the common haiiway, and use of the assigned queuing space (collectively, the 'Terminal Counter/Office Space") an annual terminal rental rate per square foot equal to 100% of the applicable annual signatory airline square footage rate, regardless if Concessionaire operates under a single brand or dual brands, multiplied by the total square footage shown in Exhibit A for terminal Terminal Counter/Office Space # 3 occupied by CONCESSIONAIRE, such area totaling approximately 595.39 square feet, to be paid in equal monthly installments. The Terminal Counter/ Office Space rent is due on or before the 1st day of each month beginning October 1, 2019. The annual terminal rental rate per square foot is subject to adjustment during the term of this Agreement whenever the terminal rental rate charged to the signatory airlines is increased. Should the signatory airlines' terminal rental rate be increased, CITY shall provide CONCESSIONAIRE with at least 30 days advance written notice of any change in the Terminal Counter/Office Space rental rate; CONCESSIONAIRE shall be obligated to pay the new Terminal Counter/Office Space rental rate on and after the effective date of the change; and the annual amount due (and pro rata monthly amount due) will be modified accordingly. D. Terminal Space — Outside. Common use areas and exclusive use areas in the Airport terminal's adjacent ready/return parking lot area are teased to CONCESSIONAIRE as follows: 1. Allocation of Terminal Reedy/Return Parking Spaces; Location. An initial allocation of terminal parking spaces in the adjacent ready/retum parking lot will be made by the CITY on or about October 1, 2019, based upon the initial MAG amount submitted by CONCESSIONAIRE, in response to the City's RFP, as a percentage of all MAGs and that percentage multiplied by the total available ready/return spaces. CONCESSIONAIRE will be allocated not less than 10 ready/retum spaces. The location of the Ready/Retum spaces for each successful Bidder will be determined by the Airport Director or his designee, in the Directors sole discretion. The foregoing notwithstanding, consideration may be given by the Director, in his sole discretion, to determine the location of CONCESSIONAIRE'S parking spaces to minimize relocation costs for the Airport and to balance the utilization of all parking spaces. Collectively, all allocated terminal ready/return parking spaces of CONCESSIONAIRE (including front end spaces) may be referred to as the -Parking Spaces." The initial allocation of Parking Spaces is and will remain effective until the next allocation date or the end of the term of this Agreement if there is not a subsequent allocation date. Exhibit B depicts the terminal ready/retum parking lot and its boundaries. Following the initial allocation process, CONCESSIONAIRE will be provided with a separate, supplementary assignment list depicting Page 3 of 33 CONCESSIONAIRE'S initial allocation of Parking Spaces, such list then being incorporated by reference and forming part of Exhibit B as if such list were set out here in this Agreement. 2. Qeslanatlokof Terminal Ready Return Parking Lot and Assigned Parking Spaces. The ingress and egress areas of the terminal parking lot are deemed common use spaces. The initial allocated, selected, and assigned Parking Spaces of CONCESSIONAIRE are deemed exclusive use areas while assigned to CONCESSIONAIRE. 3. Rental for Parking Spaces; Salts Tax. CONCESSIONAIRE shall pay to CITY, without notice or demand, for the right and privilege of doing business at the Airport via occupancy of the Parking Spaces a monthly rental rate of $25.00 per individual parking space multiplied by the total number of spaces occupied by CONCESSIONAIRE. The Parking Spaces rent is due on or before the 1st day of each month beginning October 1, 2019. The Parking Spaces rental rate is based on the average cost of providing vehicular parking areas for tenants and passengers using the Airport, and,such Parking Spaces rental rate Is subject to change annually during the term of this Agreement, effective on and after the yearly anniversary date of this Agreement, upon advance written notice to CONCESSIONAIRE; provided, however, that any change in the Parking Spaces monthly rental rate shall not exceed an increase of more than $2 per individual parking space. CONCESSIONAIRE shall be obligated to pay the new Parking Spaces rental rate beginning on the date shown in the notice; and the subsequent monthly amount due from CONCESSIONAIRE will be modified accordingly. CONCESSIONAIRE shat, in addition to paying rent on the Parking Spaces, also pay any applicable sales tax due for the Parking. Spaces allocated to CONCESSIONAIRE. 4. Reallocation of Parking Spaces. At the end of the second anniversary of the effective date of this Agreement, the Parking Spaces assigned by initial allocation to CONCESSIONAIRE shall be reallocated in the event that at least one rental car concession operator had a market share percentage point change that would result in an increase or decrease of at least 10 Parking Spaces for that rental car concession operator for the immediately preceding 12 -month measurement period of the Agreement. "Market share,' for the purposes of this Agreement, means the amount, expressed as a percentage, equal to the quotient of (I) CONCESSIONAIRE'S Gross Revenues (as such term is defined in this Agreement) during the immediately preceding 12 -month period divided by (11) the sum of the Gross Revenues of CONCESSIONAIRE and all other rental car concession operators during such 12 -month period. The City shall endeavor to retain the reallocated parking spaces in the same general area as the previously allocated parking spaces, considering the requirement for all rental car concession operators to retain a certain number of front end parking spaces. In the event of a reallocation of terminal ready/return parking spaces, CONCESSIONAIRE shall be provided with an updated list of Parking Spaces, such list then replacing the previous list, being incorporated by reference without need of a formal amendment to this Agreement and forming part of Exhibit B as if such list were originally set out here in this Agreement. 5. Ready/Return Parking Lot Signage. In the event CONCESSIONAIRE desires to add a company logo or other identff'ier on the parking space identification signage for any of CONCESSIONAIRES Parking Spaces, CONCESSIONAIRE shall provide the CITY the finished signage faceplate complete with logo/identifier andspace number (with the City providing the sign pole), such signage markings being subject to the final approval of the Director, which approval shall not be unreasonably withheld or delayed. The CITY shall be responsible for acquiring and installing all other signage in the terminal ready/retum parking lac. A sample numbered parking space sign and its associated sign pole are shown in Exhibit B, E. Quick Turnaround Area Facility. Common use areas and exclusive use areas in the Airport QTA facility are leased to CONCESSIONAIRE as follows: Allocation of QTA f=acilities; Location. The selection and allocation of QTA facility space, to include office/admin and shop/maintenance spaces (referred to as "Area 1") and queuing and parking lanes (referred to as "Area 2') (collectively, the "QTA Space"), will be made by CITY on or about October 1, 2019, as follows: Area l's selection is based upon the initial MAG amount submitted by CONCESSIONAIRE, In response to the City's RFP, as measured against the MAG amounts submitted by all rental car concession operators; and Area 2's allocation is based on the initial percentage allocation of the terminal ready/return spaces to CONCESSIONAIRE. With regard to the selection of Area 1 space, the rental car concession operator who submitted the highest MAG will choose their preferred Area 1 location first the operator who submitted the second highest MAG wilt Page 4 of 33 choose their preferred location next from the remaining available locations; and selections of the remaining locations will continue in the same manner and descending MAG order until aH rental car concession operators have selected a location. If CONCESSIONAIRE, immediately prior lo the execution of this Agreement, was a current rental car concession operator at the Airport, CONCESSIONAIRE may elect to, upon its turn in order of MAG priority and subject to such space remaining available, retain its existing Area 1 location. Regarding the allocation of Area 2 space, the portion of Area 2 initially allocated to CONCESSIONAIRE will be determined after the entirety of the Area 2 vehicle area has been allocated to all rental car concessionaires, and Area 2 shall be reallocated proportionally among all rental car concession operators following the second full year of the Agreement pursuant to the terminal ready/return parking space reallocation set out in Article III.D.4. The foregoing notwithstanding, consideration may be given by CITY, in its sole discretion, to determine the location of CONCESSIONAIRES QTA Space to minimize relocation costs and to balance the utilization of all QTA Locations. Exhibit C depicts the entire QTA facility location and its boundaries. CONCESSIONAIRES specific selected and allocated QTA Space at the facility is as shown in Exhibit D. 2. Desienation of QTA Facility Space. CONCESSIONAIRE'S selected QTA Area 1 location (office/admin and sive/maintenance) is deemed an exclusive use area The walkways; sidewalks; fueling stations and lanes; the car wash bays; employee parking areas; vehicle queuing and parking lanes (Area 2); and the ingress and egress to the QTA facility are deemed pubiic/common use areas. The queuing lanes, as depicted In Exhibit C, are provided for daily use by CONCESSIONAIRE for parking its vehicles as rentals in the QTA. The parking lanes located on the northeast side of the QTA facility are provided for use by CONCESSIONAIRE solely for the temporary, short term storing of its vehicles for daily use at the QTA_ 3. Rental for QTA Space. CONCESSIONAIRE shall pay to CITY, without notice or demand, for the right and privilege of doing business at the Airport via occupancy of the QTA Space and use of the facilities an annual rental rate of $7.35 per square foot for officetadmin space, such area being 850 square feet as shown in Exhibit D, for a total annual amount of $6,247.50, paid in equal monthly installments of $520.62, with thelast month's installment being $520.68. CONCESSIONAIRE shall pay to CITY an annual rental rate of $5.65 per square foot for shop/maintenance space, such area being 775 square feet as shown in Exhibit Cr, for a total annual amount of $4,378.75, paid in equal monthly installments of $364.89, with the last month's installment being $364.96. CONCESSIONAIRE shall pay to the CITY an annual rental rate of $0.40 per square foot for the CONCESSIONAIRE'S allocated portion of Area 2, such vehicle area being a portion of the queuing lanes and parking lanes shown in Exhibff C. CONCESSIONAIRE shall pay to CITY the pro rata share of Area 2's vehicle area assigned to CONCESSIONAIRE. The QTA Space rent shall be paid by CONCESSIONAIRE on or before the 20th day of each month beginning October 1, 2019, in equal monthly installments, with the last month's installment being the adjusted amount necessary to complete the full annual amount due. The annual QTA Space rent is based on the amounts shown in the Airport's third -party appraisal report. Rental rates for all Airport real properties are adjusted on a five-year cycle and are based on a fair market appraisal conducted by the City. The next appraisal is scheduled to be completed on or about August 23, 2023. The City reserves the right to adjust the rent in accordance with (i) reallocation that occurs pursuant to Article III.D.4, (ii) with the next appraisal report, or (iii) Federal Aviation Administration ("FAA") requirements. For purposes of determining the fair market value by appraisal, the values determined by the appraiser are final. Should the QTA Space rental rate change, CITY shall provide not Tess than 60 days advance written notice of any change; CONCESSIONAIRE shall be obligated to pay the new annual QTA Space rental rate on and after the effective date of the change; and the annual amount due (and pro rata monthly amount due) will be modified accordingly. ARTICLE IV. GUARANTEED CONCESSION REVENUES A. Concesion Fee. In exchange for the privilege of conducting and operating a Concession at the Airport, CONCESSIONAIRE shall pay to CITY, without notice or demand, an annual concession fee ("Concession Fee"). The Concession Fee for the first year of the Agreement is defined to be (I) a percentage fee ("Percentage Fes') equal to 11% of CONCESSIONAIRE'S annual Gross Revenues ("Required Percentage") or (11) the MAG amount proposed and promised by CONCESSIONAIRE pursuant to the City's RFP, whichever is greater_ For the second and subsequent years of the Agreement, the Concession Fee is defined to be the Required Percentage or the adjusted MAG amount ("Adjusted MAG"), whichever is greater. Page 5 of 33 The Adjusted MAG is defined to be an amount equal to 85% of the previous year's total payments of the Concession Fee paid to CITY, but In no case will the Adjusted MAG amount ever be lower than the first year's MAG amount submitted by CONCESSIONAIRE in the RFP end accepted by CITY. The first years baseline MAG amount to be paid by CONCESSIONAIRE is $ 227,160.00. Any concession recovery fee or recoupment fee stated on a customer invoice and charged to the customer by CONCESSIONAIRE shall not exceed 12.36% of the total charge to the customer prior to the assessment of the concession recovery fee or recoupment fee. B. Concession Fee Due; Remittance. On or before the 1s day of each month of this Agreement, CONCESSIONAIRE, without notice or demand, shall pay a monthly installment equal to 1/12+" of the annual MAG amount or Adjusted MAG amount, as may be applicable pursuant to paragraph A above. CONCESSIONAIRE, without notice or demand, shall remit to CITY, on or before the 20th day of each month, beginning the second month of this Agreement, the excess, if any, between the monthly installment of the MAG or Adjusted MAG, as applicable, paid for the preceding month and the Required Percentage due for such preceding month. Payment of the Required Percentage amount will be determined and is based upon the Gross Revenues of the CONCESSIONAIRE for the immediately preceding month. C. Monthly Gross Revenues Statement Due Date: Late Fee. On or before the 20th day of each month, beginning the second month of this Agreement, CONCESSIONAIRE shall provide CITY with a certified statement detailing CONCESSIONAIRE'S Gross Revenues, CONCESSIONAIRE'S transaction information, and any other data and information for the preceding month as may be required by the CITY, with such statement required to be signed by a responsible manager of CONCESSIONAIRE attesting to the accuracy of the data and information presented ('Gross Revenues Statement"). A blank copy of the required form of the Gross Revenues Statement is attached to this Agreement as Exhibit "F," the content of which is incorporated into this Agreement as if set here in its entirety. if any Gross Revenues Statement is not received on or before the date due, CONCESSIONAIRE shall pay an administrative late fee of 15% of the pro rata Concession Fee due for that month or $500.00, whichever is greater. D. Gross Revenues — Included. For the purposes of this Agreement, "Gross Revenues" means the total amount charged to customers by CONCESSIONAIRE whether by cash, credit or otherwise, including any separately stated fees and charges related to CONCESSIONAIRE'S rental car business as authorized by this Agreement, any activities related directly to that business, and any other business operations of CONCESSIONAIRE in the rental car areas or elsewhere at the Airport including, but not limited to, the Airport's terminal, fixed base operators' locations, the QTA, and other Airport property. Gross Revenues applies to all cars supplied by CONCESSIONAIRE to its customers at the Airport without regard to the manner in which or place at which a rental car agreement is entered Into and without regard as to whether the car is owned, leased, rented or otherwise held by CONCESSIONAIRE. Revenues which may be derived from sources similar but not identical to those described in this Agreement are required to be included in Gross Revenues. All revenue is Included in Gross Revenues unless specifically excluded by this Agreement. For the avoidance of doubt, and not as a limitation on the general applicability of the foregoing definition of Gross Revenues, it is agreed and understood that Gross Revenues expressly includes, but Is not limited to: 1. Time and Mileage. Fees for the rental or leasing of vehicles pursuant to daily or time charges and/or mileage charges and fees; 2. Intentionally left blank. 3. Vehicle Registration Recovery/Recoupment Fees. Fees charged to customers for CONCESSIONAIRE'S recovery or recoupment of vehicle tax, title, and licensing or registration fees for its fleet vehicles; 4, Fuel. Fees for all fuel options collected from or charged to customers such as, but not limited to, prepayment of fuel, refueling (Including charges for fuel and refueling services), and any other charges related to fuel, fuel replacement, and/or servicing and inducting all monies collected from and/or charged to customers in advance for fuel pursuant to a rental agreement; 5. Insurance. Premiums and any other fees and charges for acceptance of all types of insurance and/or insurance supplements including, but not limited to, personal accident insurance, personal effects Page 6 of 33 insurance, baggage insurance, liability insurance, medical protections and coverage, and personal effects protection insurance; 6. Waivers. Fees and charges for all types of acceptance of insurance waivers or loss or damage waivers of all types such as, but not limited to, Toss damage waiver, collision damage waiver, partial waivers, and windshield damage waivers; 7. Upgrades, Exchanges. and Special Fees. Fees and charges for all vehicle upgrades and exchanges and ail one-way, inter -city, or special surcharges and similar fees; 8. Additional Eaulament. Fees and charges for additional equipment, communications, and technology induding, but not limited to, infant car seats, child restraint seats, car racks, radios, phones, navigation, Wi-Fi, satellite services, and sound systems; 9. Miscellaneous and Optional Fees/Charges. Fees and charges for ail miscellaneous items and services including, but not limited to, additional drivers, drivers under a certain age, keys, cleaning of vehicles, roadside assistance, towing, and valet services; fees charged for charged for government rentats including any "Government Administrative Rate Supplement (GARS)" or similar fee; and fees charged to customers carbon offset or other environmental programs; 10. Contracted Services. Fees generated from contracted services with other Airport concessionaires, users, and tenants, and any other third parties; 11. Concession Recovery/Recoupment Fees. Fees charged to customers for CONCESSIONAIRE'S recovery or recoupment of the amount of the Concession Fee paid to the City (not to exceed the limitation amount stated elsewhere in this Agreement); 12. Operating Costs. Charges to recover any of CONCESSIONAIRE'S operating costs including, but not limited to, franchise fees and other taxes or surcharges levied on CONCESSIONAIRE'S activities, facilities, equipment, real or personal property, payroll taxes, income taxes, and taxes on frequent flyer miles paid directly to an airline; and 13. O, titer. Any and all other fees and charges charged to a customer and all receipts, compensation, revenue, or other consideration received or accrued to CONCESSIONAIRE, CONCESSIONAIRE'S franchisor or any other affated person or entity for or on account of the CONCESSIONAIRE'S rental car concession, its operations, or its fleet of vehicles, unless specifically excluded in this Agreement. E. Gross Revenues — Excluded. Unless revenues from CONCESSIONAIRE'S rental car business are expressly and specifically excluded from Gross Revenues under this Agreement ("Allowable Exclusions"), such revenues must be included in Gross Revenues. CONCESSIONAIRE may expressly exclude from Gross Revenues the following Allowable Exclusions, such items being specifically excluded from Gross Revenues in this Agreement as follows: 1. Custpnter Facility Charge. Monies collected by CONCESSIONAIRE from CONCESSIONAIRE'S customers who rent or otherwise enter into a similar arrangement for the use of a car with CONCESSIONAIRE and who incur customer facility charges for each transaction day as mandated by and in accordance with City law ("CFC") for the benefit of CITY and the Airport, as such CFC rate amount may be determined by CITY during the term of this Agreement. For the purposes of this Agreement, `transaction day" means that period a car is rented to a customer for twenty-five (25) or fewer hours for the initial or first transaction day and any portion of one or more additional twenty- four -hour period(s) for each transaction day thereafter. CFCs shall be idenffied on separate lines on the customer contract, before taxes, and shall be described as the "transaction fee" or "airport facility fee." While the monthly Gross Revenues statement includes a line for reporting of CFCs, such CFCs do not constitute a Gross Revenue of CONCESSIONAIRE. 2. Taxes. Monies collected from CONCESSIONAIRE'S customers for federal, State, City, or other local/municipal taxes levied on the rental transaction or the sale to the customer of ancillary products or services which are required by law to be charged to customers and remitted to a taxing authority. These taxes shall be separately stated (separate line item) and computed on the rental agreements and identified for the customer. It is agreed and understood that neither the CFC, nor the Concession Page 7 of 33 Fee payable by CONCESSIONAIRE pursuant to this Agreement, nor the Airport Security Fee (below) constitute a tax. 3. Recovery of Actual Damages/Loss/Conversion. Monies received by CONCESSIONAIRE as reimbursement or compensation for actual damages to, or toss or conversion of, vehicles rented to customers at the Airport, whether paid by customer, an insurance company, or other third party. 4. Local or National Discounts. Arty local or national discounts provided to customers at the time of rental, separately stated on the customer's rental agreement, and discount taken on customer's receipt upon vehicle return; provided, however, that any discount, dividend, rebate, or other reduction in charges applied retroactively (Le., after completion of the rental transaction at the tine of vehicle return), including volume discounts and other corporate business incentive programs of CONCESSIONAIRE (e.g., corporate/commercial discounts or dividends) are not an Allowable Exclusion from Gross Revenues. 5. Airport Security Fee. Monies collected from CONCESSIONAIRE'S customers for the Airport Security Fee, as described previously In this Agreement. 6. Tickets/Fines/Tolls and Towing. Amounts received by CONCESSIONAIRE as payment from customers for red light tickets; parking tickets; other governmental fines and fees associated with such tickets; towing; and impounded vehicles. For clarity, any administrative fees that may be charged by CONCESSIONAIRE to its customers (related to this allowed exclusion from Gross Revenues) are expressly not permitted to be excluded, F. Gross Revenues — Prohibited Reductions. CONCESSIONAIRE is prohibited from reducing Gross Revenues by any of the following: 1. Volume Discounts and Rebates. Corporate or volume discounts or rebates, unless CONCESSIONAIRE can establish for each corporate or volume customer invoice: (a) the amount of the discount or rebate; (b) that the customer has a contractual right to the discount or rebate; and (c) that the amount CONCESSIONAIRE claims as an exclusion from Gross Revenues is attributable to rental car transactions at the Airport by that corporate or volume customer. Furthermore, even if the above crteria can be established for each corporate or volume customer invoice, Gross Revenues may not be reduced by corporate or volume discounts or rebates unless the discount or rebate: (i) is documented for each transaction day of a customer during a given month and (11) the necessary transaction information and documentation is timely submitted with CONCESSIONAIRE'S monthly Gross Revenues report. 2. Credit for Out -of -Pocket Purchases. Credits or refunds given to CONCESSIONAIRE'S customers or deductions or credits made on rental car agreements or receipts for such things as out-of-pocket purchases of fuel, oii, or emergency services, without limitation, regardless of where such purchase is made or provided, may not be deducted from Gross Revenues. 3. Bad Debts. Any charge that CONCESSIONAIRE customarily incurs or makes for goods and services even though CONCESSIONAIRE fails, or failed, to collect such a charge may not be deducted from Gross Revenues (i.e., no charge -backs of bad debt permitted). G. Overoavment/Underpavment of Concesslon Fee and Other Amounts. If the aggregate Concession Fee due for any year of this Agreement exceeds the greater of (i) the MAG applicable to such year or (it) a Percentage Fee equal to the Required Percentage of its Gross Revenues for such year, the overpayment shall be credited to CONCESSIONAIRE'S account as CITY may determine; provided, however, In no event shall CONCESSIONAIRE take a credit against any subsequent Concession Fee or other payment owed to CITY for any such overpayment without the prior approval of the CITY. CONCESSIONAIRE shall have no right to set-off or off -set any Concession Fee or other payment owed to CiTY under this Agreement against any amounts that may be payable by CITY to CONCESSIONAIRE unless such credit is issued by the CITY. If the aggregate Concession Fee payments made for any year of the Agreement is less than the greater of either the (I) MAG or Adjusted MAG, as may be applicable in this Agreement, or (ii) the Required Percentage of CONCESSIONAIRE'S Gross Revenues for such year, CONCESSIONAIRE shall pay the balance due to CITY within 30 days after receipt of an invoice. Page 8 of 33 H. If CONCESSIONAIRE terminates the Agreement (either voluntarily or involuntarily) before the completion of the full terrn, then CONCESSIONAIRE shall be responsible for a full 12 months of the MAG; further, in addition to remaining liable for any Lease payments, the CONCESSIONAIRE must pay another six months of the MAG or unti CONCESSIONAIRE'S spot is filled to ensure that the CITY is made whole. ARTICLE Y. CUSTOMER FACILITY CHARGES A. Customer Facility Charge 1CFCl Program. CITY instituted a CFC program in 2010 for the benefit of the Airport and City, such program being enacted pursuant to Ordinance No. 028575, as it may be amended from time to time, which is codified in the Corpus Christi Code of Ordinances. CONCESSIONAIRE, upon execution of this Agreement, understands and agrees that its performance of the Concession granted pursuant to this Agreement is subject to all provisions of Ordinance No. 28575, as amended, and the failure of CONCESSIONAIRE to strictly comply with Ordinance No. 28575, as amended, shall constitute a material breach of CONCESSIONAIRE'S authorization to conduct its Concession and transact business at the Airport and shall also constitute a material breach of the Lease. 8. CFC Payment Due. On or before the 201h day of each month, beginning the second month of this Agreement, CONCESSIONAIRE, without notice or demand, shall remit to CITY the total CFCs collected, or that should have been collected, on all rental car transactions originating at the Airport during the preceding month. As of the effective date of this Agreement, the CFC rate amount is $3.50 per customer per transaction day. C. CFC Calculation. In accordance with Ordinance No. 28575, as amended, each April during the terrn of this Agreement, the Director shall recalculate the CFC to be effective June 5th of the same year. The Director shall consider any written comments of the CONCESSIONAIRE regarding any necessary adjustment of the CFC rate amount, but the Director, with the concurrence of the City's Director of Financial Services, has the sole and final determination of the CFC rate amount. Should the CFC rate amount increase, the Director shall endeavor to provide CONCESSIONAIRE with not less than 30 days advance written notice of any change; CONCESSIONAIRE shall be obligated to charge the new CFC rate amount per customer per transaction day; and the new CFC rate amount will remain in force unless and until subsequently modified. D. CFC Fiduciary Relationship; Segregation. All CFCs collected by CONCESSIONAIRE are and shall be funds held by CONCESSIONAIRE in trust for the CITY for the benefit of the Airport and recognizing the third - party beneficiary status of any holders of any debt obligations issued by the CITY for the benefit of the Airport. CONCESSIONAIRE and its agents hold only a possessory interest in the CFCs and no equitable Interest. CONCESSIONAIRE shall segregate, separately account for, and disclose all CFCs as trust funds in their financial statements and shall maintain adequate records that account for all CFCs charged (or that should have been charged) and collected (or that should have been collected). Failure by CONCESSIONAIRE to segregate the CFCs shall not alter nor eliminate their trust fund nature. The CITY shall have the right to audit the CFC records of CONCESSIONAIRE upon reasonable notice. E. CFC Annual Certified Report. CONCESSIONAIRE shall provide a detailed annual CFC report by February 1, 2021, for the period beginning October 1, 2019, and ending September 30, 2020, containing ail information regarding CFC collections and remittances required in prior annual reports submitted to CITY, or as may be required by CITY. Subsequent annual reports shall be submitted by CONCESSIONAIRE each February 1 of the following calendar year for the same successive CFC collection measurement period from October 1 through September 30. The initial annual report and each subsequent annual report must be in a form acceptable to the Director and CITY. Each annual report must be certified and signed by an officer of CONCESSIONAIRE attesting to the accuracy of the data and information presented in the report. F. Contingent Fee. If, in any Concession Agreement year, the projected amount collected through CFCs Is expected to be insufficient to meet the applicable reserves for OTA debt and expense obligations of the City, CONCESSIONAIRE agrees to pay an additional fee at the times and In the same manner as CFC fees are to be paid as required by the terms of this Agreement, in an amount determined by the City in its sole discretion (after allocating the amount of the additional fee among all concessionaires operating a rental car concession at the Airport based on their pro rata share) that shall be sufficient to provide funds in an amount at least equal to the difference between the projected CFC collections for such year and the amount necessary to meet the applicable debt and expense requirements, which additional fee shall be referred to in this Agreement as the "Contingent Fee.' Page 9 of 33 G. Authorized Uses of CFCs. Pursuant to ordinance adopted by the City (see Chapter 9 of the City Code), CFCs are only authorized to be used by the City for the following City -incurred expenditures: costs associated with the design, acquisition, planning, development, construction, operation, maintenance, repair, equipment, and replacement of facilities and related improvements made use of in or connected to the business of renting cars at the airport. Any or all of the CFCs collected may be pledged to the punctual payment of debt service on obligations (and any other pecuniary obligation) issued by or on behalf of the City for the benefit of the Airport for the cost of the car rental portion of facilities, parking lots, buildings, and other improvements, and to create and maintain reasonable City operating and maintenance reserves as well as capital asset repair and replacement reserves, Eligible costs for the car rental facilities and related improvements Include all costs, fees, and expenses associated with the City's design, acquisition, planning, development, construction, equipping, operation and maintenance, capital repair and replacement, and site improvement. Nothing herein shall be construed to make fees, costs, or expenses incurred in tenant improvements for space exclusively used by a car rental company ineligible. "Equipping," for the purposes of this section, Is limited to providing necessary equipment within the common use areas and car maintenance bays of the car rental facilities. "Operation and maintenance," for the purposes of this section, does not include fees, costs, or expenses incurred for or associated with consumables, such as paper supplies, oils and lubricants, or other products used in the business of the car rental facilities_ Pursuant to the Texas Constitution, CFCs, as revenue of the City, may not be expended for the benefit of any private person or entity without a municipal public purpose and benefit being provided for and accomplished. ARTICLE VI. OTHER CONCESSION -RELATED FEES AND CHARGES A. Airport Security Fee. As deemed necessary, the Director, In his/her sole discretion, shall hire security personnel to provide security as required by current and future FAA mandates for the rental car operation areas and related facilities, for which the CONCESSIONAIRE shall charge its customers $1 per transaction day as an Airport Security Fee. This charge must be added to every car rental agreement. On or before the 200 day of each month of this Agreement, CONCESSIONAIRE, without demand or notice, shall remit the Airport Security Fees due to CITY. The Airport Security Fee rate amount is subject to change annually during the term of this Agreement, effective on and after the yearly anniversary date of this Agreement, upon advance written notice to CONCESSIONAIRE. 13. QTA Fueling Facilities; Charges and Deposits. 1. City agrees to purchase and have delivered to the QTA regular grade unleaded fuel and standard grade vehicle oil to be utilized by CONCESSIONAIRE for use in conducting the required Concession operation. CONCESSIONAIRE agrees to purchase and use only the fuel from the fueling station at the QTA for all vehicles used as rental vehicles at the Airport. Failure to purchase fuel solely from the QTA shall be considered a material default under the terms of this Agreement, unless such fuel in unavailable from CITY or CITY provides prior written consent. CITY shall make a good faith effort to obtain an acceptable grade and quality of fuel and oil at the lowest cost available and have an adequate fuel and oil supply available at all times unless the availability or supply of fuel and oil is disrupted due to reasons beyond the reasonable control of CITY. 2. CiTY shall provide CONCESSIONAIRE fuel keys in a quantity sufficiently reasonable to allow CONCESSIONAIRE to fuel its vehicles without disruption, such quantity as may be determined by the Director in consultation with CONCESSIONAIRE. The fuel keys provided activate both the fuel pumps as well as the entrance and exit gates. CITY'S computerized fuel management system will track fuel dispensed to CONCESSIONAIRE. Any shortages or variations of fuel and oil inventories not directly attributable to the actions of CITY will be charged to CONCESSIONAIRE based on percentage of flowage from the fuel system If the variation or shortage cannot be reconciled. 3. The cost of oil and of fuel per U.S. gallon charged to CONCESSIONAIRE MI be based on CITY'S contract cost per gallon (including all applicable taxes, surcharges, delivery charges, and fees, as well as eligible discounts and volume rebates obtained by CITY) plus $0.10 per gallon for oil and $0.07 per gallon for fuel (collectively, the "Fuel Charge"). CITY shall invoice CONCESSIONAIRE monthly for the Fuel Charge at the QTA for any quantity of oil and/or fuel that was dispensed by CONCESSIONAIRE into its Concession vehicle inventory, plus any applicable variation or shortage amount. The invoice will list the total oil and fuel amounts by gallons for the preceding month, applicable taxes and destination charges, the price per gallon, and the Furst Charge due to CITY, and such invoice will be provided to CONCESSIONAIRE by the 5th day of each month. On or before the Page 10 of 33 20th day of each month, beginning the second month of this Agreement, CONCESSIONAIRE shall remit payment per the invoice for all oil and fuel dispensed, allocated oil and fuel shortage/variation amounts, and Fuel Charges. 4. Failure by CONCESSIONAIRE to pay one or more Fuel Charge invoices in a timely manner may result in CITY denying access to the fuel system (by deactivating CONCESSIONAIRE'S fuel keys), in addition to all other remedies available to CiTY in this Agreement, and such access to the fueling system will remain suspended until all amounts owed to CITY are paid in full. 5. If CONCESSSiONAIRE desires to pay any Fuel Charge invoice by credit card, all additional costs incurred by CITY and associated with processing the credit card payment (which are, at the time of execution of this Agreement, approximately 3% of the total amount) will be added to the invoice and must be remitted to CITY in addition to the Invoiced payment due. 6. A security deposit in the form of a bond, certified Chad*, cashier's check, or other form of security acceptable to CITY equal to two months' of the average amount of fuel pumped for the previous six months (or, if six months of data is unavailable, the two months of the highest average of avaiable fuel dispensing data for any car rental operator at the QTA) will be required prior to the activation of CONCESSIONAIRES fuel key access. if CONCESSIONAIRE does not provide a reasonable estimate for the purpose of establishing the security deposit requirement, the City will set the security deposit amount required at its sole discretion. City shall draw against such security deposit when Concessionaire does not remedy payment after notice and opportunity to cure set forth above in subsection (6). Concessionaire will be required to restore the security deposit balance to the required amount within five (5) working days of written notice of draw down. 7. CONCESSIONAIRE shall use the fueling system and all associated apparatus in accordance with all safety directives and instructions. CONCESSIONAIRE shall immediately notify Airport personnel in writing, as outlined in the Operations Manual (such manual as later described In this Agreement), of any safety or hazardous conditions that may exist with regard to the fueling system, fueling stations, and associated apparatus. CITY, or its contractor, shall provide safety training regarding the fueling facility, systems, and apparatus to CONCESSIONAIRE prior to date of occupancy of the QTA by CONCESSIONAIRE. CONCESSIONAIRE Is fully responsible for and shall hold CITY harmless from CONCESSIONAIRE'S misuse or negligent use or operation of the fueling system and for any damages or injuries Incurred as a result of such misuse or negligent use or operation. 8. City shall perform all required maintenance of CITY'S fueling system at the QTA. City shall also ensure that monthly leak detection is fully operational and In compllance with all applicable federal, State, and local laws, rules, and regulations governing the functional operation of the fueling system, ARTICLE VII. GENERAL PAYMENT AND TRANSACTION PROVISIONS A. Limitation as to Concession Recovery or Recoupment Fee, CONCESSIONAIRE shall not notate the Concession Fee payable to CITY as an "Airport Concession Fee' an customer invoices nor use any other explanation that would indicate or suggest to customers that the Airport has imposed a fee on each rental car transaction. Any concession recovery fee or recoupment fee stated on a customer invoice and charged to the customer by CONCESSIONAIRE shall not exceed 12.36% of the total charge to the customer prior to the assessment of the concession recovery fee or recoupment fee. B. Credit Transactions. CONCESSIONAIRE shall have the right to conduct ail or a part of its business on a credit basis; provided, however, that the risk of such operation shall be borne solely by CONCESSIONAIRE, and CONCESSIONAIRE shall pay Concession Fees on all such credit transactions and report all sales, charges, and receipts, both cash and credit, in its monthly Gross Revenues statements to CITY. C. Transaction Data and information Records. Upon commencement of this Agreement, CONCESSIONAIRE shall collect and retain transaction data, including the number of rental car transactions, date and time of each rental car transaction, the number of rental car transaction days per customer, and any other data, unit of measure, or information which is required to produce any written reports submitted to City pursuant to this Agreement and as may be reasonably determined by CITY as necessary to quantify daily transaction activities Page 11of33 of CONCESSIONAIRE conducted or engaged in as part of this Agreement. The data and information collected and retained by CONCESSIONAIRE shall be typical data and information utilized by the rental car industry in similar passenger airline and airport programs where a CFC is collected and remitted. The CITY may request this transaction data and Information from time to time during the term of this Agreement, and CONCESSIONAIRE shall, upon CITY'S request, provide to CITY or a designated agent of CITY within 30 days of such request a transaction data report for CONCESSIONAIRE'S rental car activity and any other car rental -related transactions conducted during any monthly period(s) requested during the term of this Agreement, as well as any comparative historical transaction data collected during the 2016 and 2017 calendar years, if CONCESSIONAIRE was a former rental car concession operator with the City. D. Diversion Prohibited. Dtversion, through direct or indirect means, of Concession Fee revenue from the inclusion in Gross Revenues is prohibited. Diversion includes, but is not limited to, the occurrence or existence of the following: a shortage of rental cars at the Airport while having rental vehicles available elsewhere in the Corpus Christi metropolitan area; renting such a car to a potential customer that arrived at the Airport and not including the resulting rental car revenue in Gross Revenues; and the taking of a reservation, advertising, or suggesting to a potential customer arriving at the Airport that the customer rent a car at a location other than at the Airport regardless of the reason and not including the revenue resulting from such transaction in Gross Revenues. In addition to all other remedies available by law, CITY may terminate this Agreement upon a determination by the Director that the CONCESSIONAIRE has Intentionally diverted Concession Fee revenue from Gross Revenues or failed to include the same in Gross Revenues as described in this Agreement E. Payable When Due; Interest. All payments required to be made by CONCESSIONAIRE pursuant to this Agreement (whether related to the Concession, the Lease, or otherwise) shall be made without notice or demand from CiTY on or before the date due in legal tender of the United States of America at CITY'S administrative office at the Airport, or at such other place as the CITY'S Director of Financial Services may designate in writing. Any amount payable to CITY which is not, or has not been, paid by CONCESSIONAIRE when due shall bear interest at the rate of 10% per annum or $500.00, whichever is greater, and accrued interest shall be remitted by CONCESSIONAIRE at the same time such overdue amounts are paid plus any applicable late fees as may be specified in this Agreement Payments due from CONCESSIONAIRE will be received by CITY only on standard business days Monday through Friday and during standard business hours 8 a.m. to 5 p.m. Payments will not be considered late If the date due falls an a weekend or CITY holiday, provided, payment is received on the next business day. Payment by CONCESSIONAIRE and acceptance by CITY of an overdue payment, a late fee, accrued interest, or any of the foregoing, shall not be construed as a waiver or forfeiture of any other rights or remedies of CITY contained elsewhere in this Agreement or as provided by law. For the purposes of this Agreement, the date payments are received by CITY shall be the U.S. Postal Service cancellation date on the envelope transmitting the payment, or the date such payment is received in the administrative office of the Airport by a CITY employee if the payment is hand delivered. F. Dispute as to Amount Due: Failure to Pa, When Due. In the event of a dispute as to the amount due or to be paid by CONCESSIONAIRE of any rental, fee, or charge under this Agreement, CONCESSIONAIRE shall describe the basis for such dispute in writing and submit it to the CITY along with the required payment amount and any supporting data or information on or before the date due. The CITY shall investigate the basis of the dispute and respond in writing within 30 days. The CITY may accept without prejudice the sum tendered and, if a deficiency is determined, any late fee and/or interest due shall apply only to such deficiency amount. If CONCESSIONAIRE fails to pay any amount due, any surcharge or amount assessed in accordance with this Agreement, or any increase in a rental rate. CFC rate, or other fee or charge pursuant to this Agreement when the fee, charge, or increase is due, the Concession granted under this Agreement may be terminated at the sole discretion of the City, if so terminated, CONCESSIONAIRE shall vacate the Leased Premises following 60 days written notice from the CITY. G. Accrued Fees; Subsequent Fees. CONCESSIONAIRE shall not be relieved of Its obligation to pay all rents, fees, and charges due to the lapse of time, arising from CONCESSIONAIRE'S right of termination, or otherwise, which have accrued during the period in which this Agreement is in effect (including any holdover period) and which are unpaid at the time of expiration or earlier termination of this Agreement or that are accrued and unpaid upon the end of any holdover period in the Leased Premises. CONCESSIONAIRE shall also not be relieved of its obligation to pay all subsequent fees and charges which may be reasonably assessed to CONCESSIONAIRE caused by excessive wear and tear in the Leased Premises; damages caused by CONCESSIONAIRE, its employees, guests, contractors, and subcontractors while occupying the Leased Premises; and any other fees and charges which may be incident to CONCESSIONAIRE'S occupation or use of the Leased Premises. Page 12 of 33 H, Performance Bond. CONCESSIONAIRE shall post with CITY a performance bond to be maintained for the term of this Agreement for an amount equal to the initial MAG amount_ This financial guarantee may be in the form of a surety bond or a cashier's check made payable without recourse to the CITY of Corpus Christi. If CONCESSIONAIRE submits a bond, then the bond must be issued by a surety company acceptable to CITY, having a rating of "A' from AM BEST, MOODY'S, or STANDARD & POOR'S, and authorized to do business in the State of Texas, and the bond must be in a form and content satisfactory to the CITY. It is the responsibility of the CONCESSIONAIRE to ensure that the performance bond does not expire during the term of this Agreement and that a renewal bond is received by the CITY prior to the date of the previous bond's expiration. Expiration of the bond will result in a $300.00 penalty payable to CITY, with the same penalty amount being assessed by CITY for each successive month or fraction of a month unti a new bond is received, and such surety bond expiration event may further result In the termination of this Agreement by CITY. ARTICLE VflI. FINANCIAL BOOKS AND RECORDS: AUDIT: YEAR END REPORTS A. Financial Books and Records: Audit. CONCESSIONAIRE shall maintain a true and accurate set of books and records which, among other things, show all sales made and services performed for cash, credit, or otherwise. CITY may audit CONCESSIONAIRE'S books and records at any time by a Certified Public Accountant (`CPA') selected by the CITY. if the CPA'S report discloses an error in CONCESSIONAIRE'S books and records resulting in an underpayment to CITY greater than two percent of the annual Concession Fee due, alt expenses of the audit shall be paid by CONCESSIONAIRE together with any sum disclosed by the audit to the CITY. Furthermore, CONCESSIONAIRE shall pay CITY an under -reporting penalty of 50% of the total amount due. In all other cases, CITY shall pay the cost of the audit. The final report of the Certified Public Accountant retained by CiTY is conclusive and binding upon both parties. B. Year End CPA Statement and Opinion. CONCESSIONAIRE shall employ, or contract with, an independent CPA who shall furnish, within 90 days after the close of each contract year of this Agreement, a written certification statement to CITY stating that, in their opinion, the Concession Fee paid by CONCESSIONAIRE to CITY during the preceding contract year was made in accordance with the terms of this Agreement. Such statement shall cover the dates of the immediately prior contract year of this Agreement only, not the CONCESSIONAIRE'S fiscal year. Such statement shall also contain a list of the Gross Revenues by month, as shown on the books and records of CONCESSIONAIRE, and which were used to compute all rents, fees, and charges paid to CITY during the period covered by the statement. if the annual statement reveals, after review and verification by the CITY, that the CONCESSIONAIRE has overpaid its Concession Fee, the amount shall be handled by issuance of a credit memo by CITY'S Department of Aviation against the next pro rata monthly payment due from CONCESSIONAIRE following the statement. Failure on the part of CONCESSIONAIRE to submit this required certified annual statement by the dose of business on the latest date due wal result in the assessment of a late fee of $200.00 for any fraction of a calendar month during which the statement is past due, with such late fee being cumulative In nature should such failure to submit continue beyond 30 days. ARTICLE IX. CONCESSIONAIRE'S GENERAL RIGHTS AND OBLIGATIONS A, During the term of this Agreement, CONCESSIONAIRE shall have, and CITY hereby gives and grants to CONCESSIONAIRE, the following additional rights: 1. The right, at CONCESSIONAIRE'S sole expense, to erect and thereafter maintain upon the Leased Premises such tenant improvements as may be required in connection with CONCESSIONAIRE'S operations pursuant to this Agreement and to install such equipment and facilities as CONCESSIONAIRE may deem necessary or desirable; provided, however, that no such improvement shall be constructed, installed, or made by CONCESSIONAIRE without the prior written consent of CITY_ Any such improvements cannot impede or interfere with access of, or obstruct the visibility of, other rental car operators at the Airport, and CONCESSIONAIRE covenants and agrees that, prior to the construction, installation, or making of any such improvement, CONCESSIONAIRE shall submit Page 13of33 the general plan, location, design, and character of such proposed improvement to CITY for approval, which approval by CITY shall not be unreasonably withheld or delayed. 2. The right, at CONCESSIONAIRE'S sole expense, to install and thereafter operate and maintain upon the Leased Premises illuminating and non -illuminating signs advertising CONCESSIONAIRE'S business on the Leased Premises, provided, however, that no such signage shall be installed by CONCESSIONAIRE without the prior written consent of CITY, which approval by CITY shall not be unreasonably withheld or delayed. 3. The right, at CONCESSIONAIRES sole expense, to remove within 10 calendar days following termination of this Agreement any signage and portable fixtures, furniture, and equipment that may have been installed In or upon, or placed at or in, the Leased Premises by CONCESSIONAIRE pursuant to paragraphs (1) and (2) of this article. In the event CONCESSIONAIRE does not remove such items within the time specified, CONCESSIONAIRE agrees that CITY may remove such items at CONCESSIONAIRE'S expense and at no liability to CITY, and CITY may dispose of such signage, fixtures, furniture, and equipment by means of the CITY'S choosing (whether by sale, salvage, donation, or destruction) and without any recourse against the CITY for the value, if any, of the items so removed. Any expenses Incurred by CITY as a result of removal are solely the responsibility of CONCESSIONAIRE 4, The right, at CONCESSIONAIRE'S sole expense and in its efforts to comply with the requirements applicable to its rental car customers under the Payment Card Industry Data Security Standard, to use its own private computer network to ensure that its customers' credit card Information is not compromised. B. CONCESSIONAIRE expressly covenants and agrees: 1, To furnish good, prompt, and efficient service to adequately meet all reasonable demands for rental car service at the Airport at a fair and reasonable price. 2. To keep the Leased Premises and other facilities provided to CONCESSIONAIRE in this Agreement open for business for such periods during each day and such days during each week as may be necessary to meet the reasonable demand for CONCESSIONAIRE'S services to the traveling public. 3. To ensure that CONCESSIONAIRE'S employees and personnel performing any work or services pursuant to this Agreement are neat in appearance, clean, and courteous, and shall not permit its employees, representatives, agents, or contractors to conduct business in a loud, noisy, boisterous, offensive, or objectionable manner nor to solicit business in any manner whatsoever outside any space leased, allocated, or assigned to CONCESSIONAIRE. 4. To maintain, at all times and at CONCESSIONAIRE'S sole expense, all rental cars made available pursuant to this Agreement in good operative order, free from known mechanical defects, and in clean, neat, and attractive condition both inside and outside. 5. To provide rental cars not more than three years old from the date of original manufacture when such cars are made available for rental use pursuant to the Concession granted in this Agreement. 6. To require alt of CONCESSIONAIRE'S employees and personnel under its direction to park their personal vehicles in parking lots specifically designated as employee parking by the Director. 7. To keep, or cause to be kept, true, accurate, and complete records of business conducted pursuant to this Agreement, and CONCESSIONAIRE further covenants and agrees that CITY shall have the right, through its authorized employees, agents or representatives, to examine alt pertinent records relating to Concessionaire's operations and Concession under this Agreement at all reasonable times for the purpose of determining the accuracy thereof and of the reports required to be made by it as set out In this Agreement. Such records for each contract year of this Agreement need not be retained by CONCESSIONAIRE longer than five years following the end of such Agreement year, unless CONCESSIONAIRE is aware, has been made aware, or reasonably believes that any demand, claim, loss, or litigation involving the subject matter may be contemplated or is pending. Page 14 of 33 8. To pay all expenses, as set out in this Agreement, in connection with the use of the Leased Premises occupied by it and the rights and privileges granted for the Concession including, without limitation, by reason of taxes, permit fees, license fees and assessments lawfully levied or assessed thereon, and that it will secure and maintain in force all such permits and licenses necessary to conduct lawful business operations. 9. To furnish for business use, operate, and maintain the Leased Premises provided pursuant to this Agreement and to keep the same in good order, condition, and repair, and, upon termination or earlier expiration of this Agreement, to deliver up the Leased Premises to CITY in good order, condition, and repair, reasonable wear and tear excepted. CONCESSIONAIRE further expressly agrees to make reasonable efforts, at all times, to cooperate with CITY in keeping the Leased Premises in a clean, maintained, and sanitary condition. 10. To ensure that any signs to be placed on or around the Parking Spaces, Leased Premises, or any other location are first approved in writing by the Director before installation, which approval shalt not be unreasonably withheld or delayed, and, after installation, that all such signs are kept in a good, clean, and well-maintained condition. 11. To prohibit the staging of rental cars by its employees and personnel under its direction and will not engage in the staging of rental cars in front of the terminal building for customer pick-up or drop-off and, if any of CONCESSIONAIRE'S cars are left in front of the terminal building and towed away (by a company of the CITY'S choosing), to remit in full all towing, storage, and/or processing charges which may be assessed by or against the CITY. 12. To repair any damages to any interior or exterior portion of the Leased Premises directly caused by CONCESSIONAIRES employees, agents, representatives, contractors, subcontractors, invitees, and guests, normal wear and tear excepted, and further, that upon the failure of CONCESSIONAIRE to so repair damage for which it is deemed responsible, to reimburse CITY for all such repairs charged back to CONCESSIONAIRE. 13. To prohibit the parking of and will not engage in the parking of CONCESSIONAIRE'S cars in parking lots on and at the Airport designated for passenger, employee, or visitor parking, regardless If short term, long term, or economy facilities, in the conduct of CONCESSIONAIRE'S Concession or operations, nor use such parking lots for the storage or staging of CONCESSIONAIRE'S cars. If a rental car customer of CONCESSIONAIRE inadvertently leaves a car in a parking lot at the Airport designated for passenger, employee, or visitor parking, or if any other car of CONCESSIONAIRE is left in such a parking lot, CONCESSIONAIRE shall be required to pay all applicable parking fees to remove such cars from the parking lot. In addition to the other remedies available to CITY under thls Agreement, CITY may elect to implement a rental car parking surcharge equal to triple the applicable parking lot fee, or such other fee amount solely determined by CITY, acting through its Director, as may be appropriate, to be assessed against CONCESSIONAIRE, any rental car concession operator, or any car rental company operating from an off -Airport location, who repeatedly or excessively have cars located in, or otherwise use, the parking lots on the Airport designated for passenger, employee, or visitor parking. CITY shall provide not less than 10 days written notice to CONCESSIONAIRE, or any rental car concession operator or company, who, in the determination of CITY, repeatedly or excessively uses the parking lots on the Airport that such continued use shall be subject to the rental car parking surcharge, and such CONCESSIONAIRE, rental car concession operator or company shall be obligated to remit the assessed rental car parking surcharge with the following month's Concession Fee payment to the CITY. All applicable parking fees, (including rental car parking surcharges) are subject to the general payment provisions set forth in this Agreement. 14. To ensure that its employees and personnel under its direction only wash vehicles and perform minor, daily vehicle maintenance in the service/maintenance bays at the QTA, such bays being specifically designed to capture grit, oil, and soap for proper handling and disposal and only wash and service those cars designated to be rented in on -Airport rental car transactions for which there is a transaction record. Heavy vehicle maintenance, meaning, (i) any type of body work on a vehicle, (11) work performed on a vehicle's drivetrain, or (iii) mechanical work of the vehicle's operating systems; (iv) any other type of service work to or on any vehicle beyond permissible minor, daily maintenance of on -Airport rental cars; and (v) any type of vehicle service or maintenance on CONCESSIONAIRE'S employees' or guests' personal motor vehicles are all strictly prohibited. Page i5 of 33 15. To conduct service and maintenance work on allowable cars at the QTA within the QTA's approved maintenance building area and under appropriate conditions that confine all fluid discharges to the interior of the building area. 16. To handle, store, and dispose of petroleum products, chemicals, fluids, and all other materials including, but not limited to, hazardous materials, which are owned or used by it on or in the vicinity of the Airport in accordance with all applicable federal, State, and CITY statutes, regulations, rules, and ordinances. CONCESSIONAIRE further covenants and agrees to comply with all applicable taws and permits, including the National Pollution Discharge Elimination System Permits, relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. CONCESSIONAIRE must not use, store, treat, or dispose of any hazardous or regulated substances or waste on or near the Airport without first obtaining all required permits and approvals from all authorities having jurisdiction over CONCESSIONAIRE'S operations on or near the Airport. Should such materials be released, discharged, spilled, deposited, or escape in any way through activities of the CONCESSIONAIRE, the CONCESSIONAIRE shall be responsible for the dean -up, containment, and abatement of such waste or substance at CONCESSIONAIRE'S sole cost and expense. Should the CONCESSIONAIRE fail to do so, CITY may take any reasonable and appropriate action in the CONCESSIONAIRE'S stead, and the cost of any such remedial action by CITY shall be billed to and paid by the CONCESSIONAIRE. CONCESSIONAIRE further covenants and agrees that any fines, penalties, or fees levied against CITY related to CONCESSIONAIRE'S action or inaction that directly or indirectly caused the Airport to fall to materially conform to ail then applicable environmental laws, rules, regulations, orders, or permits shall be bome and paid by the CONCESSIONAIRE. Furthermore, CONCESSIONAIRE covenants and agrees that it shall verbally notify (a) the Director, (b) the Airport Public Safety Office, ang (c) all emergency response centers and environmental or regulatory agencies, as required by law or regulation, of any such release, discharge, deposit, spill, or escape immediately upon occurrence, and to provide the Director with written confirmation of the verbal report within 72 hours. The rights and obligations set forth in this section survive termination of this Agreement. 17. To take all steps necessary to ensure that no waste, substance, or disposable materials are released on the ground or in the storm sewers by its employees, personnel under its direction, or any other person or entity it engages. CONCESSIONAIRE covenants and agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying, as a result of CONCESSIONAIRE'S operations, any such threat to the environment, Including to the drainage systems, soils, ground water, subsurface waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, State, or local agency having authority over environmental matters. The rights and obligations set forth in this section survive termination of this Agreement. 18. To dispose of all non -hazardous trash in CONCESSIONAIRE'S own dumpsters and trash cans kept within CONCESSIONAIRE'S Leased Premises. 19. To properly dspose of or recycle all waste oil, used automotive batteries, rags used for degreasing, hazardous materials, if any, and used tines in a timely and expedient manner so as not to accumulate such waste In quantities that would overburden housekeeping and that may trigger compliance with additional environmental, health. and safety rules or regulations and permits. CONCESSIONAIRE further covenants that it will maintain quarterly reports on the quantities of waste oil disposed of or recycled, any hazardous materials disposed of with type and volume specifically Identified, and the quantities of used tires disposed of or recycled, the method of disposal/recycling, and the name and location of the site where the disposalrecycling occurred. 20. To develop and implement a recycling program which revitalizes the resources that it uses and protects the environment. Furthermore, CONCESSIONAIRE covenants to develop and implement a training program for lis employees and personnel under its control and direction which revitalizes the resources that it uses, protects the environment, and instructs CONCESSIONAIRE'S employees and personnel on proper management of waste. 21. To abide by all applicable federal, State, and local laws, rules, and regulations and any directives issued by the Director pertaining to CONCESSIONAIRE'S use of the QTA'S fueling systems, stations, and lanes and the dispensing, storage, and handling of fuel. Page 16of33 22. To comply with and be subject to all applicable federal, State, and City laws, rules, and regulations pertaining to its Concession, the operation of its business at the Leased Premises, and to ensure that CONCESSIONAIRE and its employees, agents, representatives, contractors, subcontractors, and personnel under its direction at all times comply with all such laws, rules, regulations, and directives promulgated by the Director while at and on the Airport and Its facilities, runways, taxiways, and streets that are required or necessary for the safe and efficient management, operation, or use of the Airport. 23. To use the QTA facilities and leased QTA Space, as may be applicable, only for the fueling, vehicle stacking, vehicle temporary short -temp storing, washing, cleaning, detailing, and minor maintenance of CONCESSIONAIRE'S vehicle inventory used in connection with its Concession and operations at the Am& and uses incidental and reasonably related thereto. Examples of permissible minor maintenance and servicing Include such items as oil changes, tire replacement, minor brake maintenance, windshield repair, and vehicle fluid replacement. Any other maintenance beyond this general description performed at the QTA is not permitted except as expressly authorized in this Agreement or in writing by the Director. The Director, in his/her sole discretion, has the authority to allow maintenance other than what is specifically identified in this Agreement and will take into consideration the impact of any such requests on the CONCESSIONAIRE, other rental car concession operators occupying the QTA, and Airport responsibilities for the QTA involving environmental liability, public perception, and business need. tf the Director authorizes maintenance other than what is Identified in this Agreement for one CONCESSIONAIRE, the Director will authorize such maintenance in writing to all rental car concession operators occupying the QTA. 24. To use the QTA facilities and leased QTA Space for the purposed provided in this Agreement and not for any other purpose; specifically, the QTA may not be used for (1) heavy vehicle maintenance, (ii) storage of any vehicles used in conjunction with any off -Airport rental car concession, and (iii) storage of out -of -service and/or damaged vehicles for longer than 21 calendar days, and may not be used for sales of new or used vehicles, auctions, liquidation sales, or any other type of sale or exchange transaction. Upon written request, the Director, In his/her sole discretion, may allow an occasional extended storage period for a damaged vehicle when the Director determines that such an extension is necessary due to extenuating circumstances identified by CONCESSIONAIRE. Any such extension of temporary storage expires on the date provided by the Director. 25. To procure and keep in force any governmental licenses, certifications, or permits (other than a Certificate of Occupancy) required or necessary for the proper and lawful conduct of CONCESSIONAIRE'S business at and on the Airport CONCESSIONAIRE shall procure and maintain such licenses, certifications, and permits at its sole cost and expense and shall submit copies of the same, upon request, for inspection by CITY. CONCESSIONAIRE shall, at all times, comply with the terms and conditions of each such license, certification, or permit. 26. To not use nor perm/ the Leased Premises or Airport property or facilities, or any part thereof, for any purpose other than as set forth in this Agreement, nor for any use, operation, or activity in violation of any present or future laws, rules, and regulations or which, at any time, are applicable to any public or governmental authority such as CITY. if any compliance reporting by CONCESSIONAIRE is required, CONCESSIONAIRE further covenants and agrees to make aA reasonable and necessary efforts to cooperate with CITY in providing any required information. 27. To comply with all security directives of CITY and the Director al all times while anywhere on Airport property and shall coordinate with CITY regarding secured access to the Leased Premises for CONCESSIONAIRE. 28_ To pay all other charges, fees, and taxes including, but not limited to, aft payroll taxes (including Medicare. FICA, withholding, and unemployment taxes), and all other related taxes according to internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Leased Premises by CONCESSIONAIRE. CONCESSIONAIRE must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. Page 17 of 33 ARTICLE X. CITY'S GENERAL RIGHTS AND OBLIGATIONS A, CITY reserves the right: 1. To authorize off -Airport rental car agencies to conduct business at the Airport terminal at premium rates solely by direct telephone line and the use of shuttle bus operations to such off -Airport location and to prohibit any such personnel of an off -Airport authorized rental car concession to conduct its business within the terminal building. 2. To enter the Leased Premises during the standard business hours of CONCESSIONAIRE and upon not less than two -hours advance notice via telephone or email to ascertain adherence to and compliance with any of the provisions of this Agreement. 3. To enter the Leased Premises at any time in the event of an emergency. 4. To retain third parties to operate, repair, maintain, or manage any portion of the Leased Premises including, without limitation, the QTA Facilities and the fueling system. 5. To itself, and to grant to others in the future, nonexclusive utility easements (including easements for construction, maintenance, repair, replacement, and reconstruction) over, under, through, across, or on the Leased Premises in locations that will not unreasonably interfere with CONCESSIONAIRES use of the same. 6. To re -bid any premises vacated pursuant to the terms of this Agreement (but not the obligation to do so), subject to Article ILC. of this Agreement. In the alternative, CITY may include any vacated premises in the reallocation of parking spaces, counter/office spaces, QTA spaces, or other facilities for the then -current on -Airport rental car concession operators, or may make any other lawful use of such vacated premises at the sole discretion of the CITY. I3. CITY covenants and agrees; 1. To operate the Corpus Christi International Airport as a public airport during the term of this Agreement, subject to the assurances given by CITY to the United States Government. 2. To instruct its employees and all concessionaires and vendors having contact or dealing in any way with members of the public at and on the Airport: a. To refer ail requests for the services of a specific rental car concession operator to that concessionaire. b. To refer nonspecific requests for rental car services to the rental car concession area located in the Airport terminal building without favoring one concessionaire over another. 3_ To limit use of the Leased Premises to rental car concession operators having an executed on -Airport rental car concession and lease agreement. 4. To not claim, assert, nor have a lien of any kind, whether it be contractual or statutory, on or against CONCESSIONAIRE'S cars for non-payment of any rent, fees, or charges due under this Agreement, nor for any default of CONCESSIONAIRE, nor for any other reason, and CITY hereby waives all such liens as may solely relate to such cars that is available to CITY. CITY recognizes that CONCESSIONAIRE'S cars may have perfected security interests and financing agreements filed against them by lending institutions. 5. To procure and keep in force all necessary licenses, certifications, and permits required to operate the QTA, including the fueling facility and wash bays, and to comply with all applicable laws, rules, and regulations regarding reporting requirements for the QTA, including the fueling facility. 6. To keep and maintain (except where the maintenance required exceeds that associated with normal wear and tear and/or is a result of the negligence of CONCESSIONAIRE, its employees, representatives, agents, contractors, subcontractors, and invitees), and to repair the Leased Property, Page 18 of 33 including CONCESSIONAIRE'S authorized tenant improvements in its exclusive use areas, with the cost of performing such repair services being included in the annual and monthly rental mounts. 7. To coordinate with CONCESSIONAIRE so that CITY can enforce secured access to the Leased Property and Airport. C. The City retains all mineral rights on the Airport property, All other rights of CITY, as a governmental entity, as the landlord, and as a party to this Agreement, that not specified here are reserved to it. ARTICLE XI. ACCEPTANCE OF PREMISES DISCLAIMER; CONDITION OF PROPERTY A. CONCESSIONAIRE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. CONCESSIONAIRE ACKNOWLEDGES AND AGREES THAT CONCESSIONAIRE 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 CONCESSIONAIRE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS AGREEMENT IS SUBJECT TO ALL, COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. B. Except as may be expressly provided elsewhere in this Agreement, the taking of possession of the Leased Premises by CONCESSIONAIRE shall, in and of Itself, constitute acknowledgment that CITY shall not be obligated to make any tenant improvements or modifications thereto. CONCESSIONAIRE shall not be liable for any pre-existing conditions, latent defects, or damage not caused by CONCESSIONAIRE. CONCESSIONAIRE shall have no liability arising out of or in any way relating to the existence of any hazardous materials placed on, in, or under the Leased Premises by any person or entity other than CONCESSIONAIRE or any person or entity acting for, by or through CONCESSIONAIRE or with CONCESSIONAIRE'S permission or acquiescence. ARTICLE XII. UTILITIES A. CITY shall provide heat, air conditioning, and electricity in the Airport terminal building, with payment for these services being included in the monthly rental amount for the Terminal Counter/Office Space. CITY shall provide heat, air conditioning, electricity, water, wastewater, and gas in the QTA, with payment for these services being included in the monthly rental amount of the QTA Space. B. All other utilities at the Leased Premises (not specified above) including, but not limited to, telephone, cable, data services, and internet (including any necessary permits) are the sole cost and responsibility of CONCESSIONAIRE. CONCESSIONAIRE shall pay all charges on or before the due date for any utilities and services it separately contracts for and obtains. Installation of any equipment to provide extraordinary heat or air conditioning is the sole responsibility of CONCESSIONAIRE and is subject to the prior written approval of the Director. Any utilities or services (including any associated systems and apparatus) contracted for or installed by CONCESSIONAIRE cannot adversely affect any other rental car concession operator, Airport tenant, Airport operations of any nature, or CITY. C. In cases where CITY furnishes and/or delivers natural gas, electricity, water, or wastewater to the Leased Premises, the CITY does not guarantee the continuity or sufficiency of such supply, but CITY will make reasonable efforts within CITY'S control to ensure such delivery. CITY is not liable for interruptions or shortages or insufficiency of supply or any Toss or damage of any kind or character occasioned thereby if the same is caused by accident, act of God, fire, strikes, riots, war, inability to secure a sufficient supply from the utility company furnishing CITY, or any other cause. Whenever CITY shall find it necessary for the purpose Page 19 of 33 of making repairs or improvements to any utility supply system it maintains, following consultation with CONCESSIONAIRE, CITY shall have the right to suspend temporarily the delivery of natural gas, electricity, water, or wastewater. However, CITY agrees to make reasonable efforts to cause minimal disruption when possible. ARTICLE XIIi. OPERATIONS MANUAL A printed compilation of rules and instructions will be developed by the Director, with input from the CONCESSIONAIRE and all other rental car concession operators, if any, occupying the Leased Premises, with such compilation defining and discussing the required daily operating procedures and processes necessary for conducting successful and efficient operations at the QTA including, but not limited to, the care, keeping and use of shared common areas; security and safety procedures; and dispute resolution processes ("Operations Manual"). The Operations Manual is subject to written amendment by the Director throughout the term of this Agreement. A copy of the Operations Manual will be developed and provided to CONCESSIONAIRE within 60 days of the execution of this Agreement, and the most current master version of the document will be kept on file in the Director's office. ARTICLE XiV. MAINTENANCE OF CONCESSIONAIRE'S LEASED PREMISES A. A matrix detailing the maintenance responsibilities of both parties required by this Agreement is as set out in Exhibit "G," which exhibit is attached and incorporated into this Agreement as if its content were set out here in its entirety. B. CONCESSIONAIRE has inspected the Leased Premises prior to the execution of this Agreement and is satisfied with the physical condition of the Leased Premises, and its taking possession thereof Is agreed to be conclusive evidence of its receipt of the Leased Premises In good order and repair. C. CONCESSIONAIRE agrees to faithfully and fully maintain the Leased Premises as required by and detailed in Exhibit G in good order and repair throughout the entire term of this Agreement. CONCESSIONAIRE further agrees that, upon the expiration or earlier termination of this Agreement for any reason, CONCESSIONAIRE shall, except as may otherwise be provided in this Agreement, restore the Leased Premises to the same condition as when received, reasonable and ordinary wear and tear excepted. If the Leased Premises shall not be faithfully and fully maintained by CONCESSIONAIRE in accordance with Exhibit G, CITY may enter the Leased Premises, without such entering causing or constituting a termination of this Agreement or any interference with the possession of the Leased Premises by the CONCESSIONAIRE, and do all things necessary to restore the Leased Premises to the condition required by this Agreement, charging the cost and expense to CONCESSIONAIRE. CONCESSIONAIRE shall pay to CITY all such costs and expenses so charged in addition to the rentals, fees, and charges due and provided in this Agreement. D. CONCESSIONAIRE shall not permit the accumulation of rubbish, trash, debris, or other litter in and upon the premises and shall, at its own expense, provide for the disposal of such items. CONCESSIONAIRE shall provide and use suitable receptacles for all garbage, trash, and other refuse on or In connection with the premises. Piling of boxes, cartons, barrels, or other similar items in an unsafe manner in or about the premises, or other areas of the Airport, is forbidden. ARTICLE XV. RELOCATION DUTIES AND COSTS A. Relocation Duties, As the development of the Airport's Terminal Master Plan is ongoing, existing or additional rental car facilities may temporarily or permanently be located or relocated in another part of the Airport. In the event the rental car facilities at the Airport, or any part thereof, including CONCESSIONAIRE'S Leased Premises or any part thereof, are required to be relocated during the term of this Agreement (either on an interim or permanent basis), CONCESSIONAIRE agrees, in conjunction with CITY and other rental car concession operators, to develop a transition plan to be used in making the transition from the current rental car facilities, including CONCESSIONAIRES Leased Premises, to one or more new areas. CITY shall use reasonable efforts to require that any transition pian for relocation not unduly and materially impact the competitive position of CONCESSIONAIRE and other rental car concession operators. Additionally, CITY may require that such transition plan provide assurances that any individual rental car concession operator not be permitted to engage in any activity or place any structures or signage on an interim or permanent basis (in conjunction with such relocation) that unreasonably impedes CONCESSIONAIRE'S business operations at the Airport. City shall have the final decision regarding placement and removal of signs and structures. Page 20 of 33 CIN shall provide advance written notice to CONCESSIONAIRE regarding the date of relocation and identify whether all or part of CONCESSIONAIRE'S Leased Premises is subject to the relocation. CONCESSIONAIRE shall be required to confirm its concurrence of such relocation in writing within 60 days following receipt of CITY'S notice. In the event CONCESSIONAIRE does not agree to the required relocation or does not provide CITY written confirmation as specified in this section, this Agreement shall terminate, and CONCESSIONAIRE shall vacate the Leased Premises within 10 days. S. Relocation Costs. In the event rental car facilities at the Airport or any part thereof, including CONCESSIONAIRE'S Leased Premises or any part thereof, are required to be relocated during the term of this Agreement (either on an interim or permanent basis), CITY shall pay all costs associated with providing replacement facilities that are, to the extent reasonably possible under the circumstances, reasonably comparable to the existing premises subject to the relocation. CONCESSIONAIRE shall be responsible for all moving expenses including, but not limited to, installation of furniture, fixtures, and equipment transfer and reconnection of CONCESSIONAIRE -provided utilities (such as Internet, cable, etc.); and other relocation costs not associated with the physical construction of the replacement facilities. If it is necessary to relocate CONCESSIONAIRE'S Leased Premises, or any part thereof, during the last six months of the term of this Agreement, City agrees to be responstile to pay all reasonable costs (excluding CONCESSIONAIRE'S employee costs) associated with such relocation, subject to sufficient appropriations being available for such costs. ARTICLE XVI. UNTENANTABLE PREMISES A. If the Leased Premises (either at the terminal or OTA) are partially damaged by fire or other casualty, but not rendered untenantable, CITY shall repair the premises at its own cost and expense, subject to the limitations of paragraph E of this article, provided however, that, if the damage is caused by the negligent or intentional act or omission of CONCESSIONAIRE, its employees, agents, representatives, invitees, or authorized sublessee, CONCESSIONAIRE shall be responsible for reimbursing CITY for the cost and expenses Incurred in such repair. B. If the damage is so extensive as to render the premises untenantable but capable of being repaired within 60 days, the same shall be repaired by CITY at its own cost and expense, subject to the limitations of paragraph E; and the rents, fees, and charges payable by CONCESSIONAIRE shall be proportionately paid up to the time of such damage and cease until such lime as the assigned premises shall be restored and again made tenantable; provided, however, that if said damage is caused by the negligent or intentional act or omission of CONCESSIONAIRE, its employees, agents, representatives, invitees, or authorized sublessee, the Concession Fees and other rents, fees, and charges due will not abate and CONCESSIONAIRE shall be responsible for reimbursing CITY for the costs and expenses incurred in such repair. C. In the event the premises are completely destroyed by fire or other casualty or are so damaged that they will remain untenantable for more than 60 days, the CITY shall be under no obligation to repair, replace, or reconstruct the premises, and Concession Fees and other rents, fees, and charges shall be paid up to the time of such damage and destruction and thereafter cease until the premises shall be fully restored. If within 12 months after the time of the damage or destruction the premises have not been repaired or reconstructed for CONCESSIONAIRES use, or other reasonable facilities provided, CONCESSIONAIRE may give CITY written notice of its intention to cancel this Agreement in its entirety as of the date of such damage or destruction. D. Notwithstanding paragraph C above, if the premises are completely destroyed as a result of the negligent or intentional acts or omissions of CONCESSIONAIRE, its employees, agents, representatives, invitees, or sublessee, Concession Fees and other rents, fees, and charges payable under this Agreement shall not abate and CITY may, in its sole discretion, require CONCESSIONAIRE to reconstruct the premises and pay all costs therefore; or CITY may, in its sole discretion, reconstruct the premises and CONCESSIONAIRE shall be responsible for reimbursing CITY for the costs and expenses incurred in such reconstruction. E. It is understood that, in the application of the foregoing paragraphs A, B, and C, CITY'S obligations are limited to repair or reconstruction of the premises, where applicable, to the same extent and of equivalent quality as obtained at the commencement of this Agreement, subject to sufficient budgetary appropriations. In no event is CITY responsible for repair or replacement of CONCESSIONAIRE'S self -installed improvements, furniture, furnishings, equipment, or expendables. Page 21 of 33 F. Should CONCESSIONAIRE'S improvements, furniture, furnishings, equipment, or expendables, or any part of them, be destroyed or damaged, they shall in ail instances be repaired or replaced by CONCESSIONAIRE whether or not said damage or destruction is covered by insurance and provided that this Agreement has not been canceled in accordance with the terms of the Agreement. Redecoration and replacement of damaged or destroyed furniture, furnishings, equipment, and expendables is the responsibility of CONCESSIONAIRE, and any such redecoration, refurnishing, and re-equipping shall be of equal quality to such items originally installed, furnished, and used at the time of execution of this Agreement, If CONCESSIONAIRE fails to repair or replace such damaged or destroyed improvements subject to a schedule approved by CITY, or fails to redecorate or replace damaged or destroyed furniture, fixtures, furnishings, equipment, and expendables, and provided this Agreement has not been canceled, CITY may make such repairs or replacements and recover from CONCESSIONAIRE the cost and expense of such repair or replacement. ARTICLE XVII. AFFILIATES; SUBLETTING AND ASSIGNMENT A. It is expressly agreed and understood that all obligations of CONCESSIONAIRE and all privileges of every kind granted to CONCESSIONAIRE in this Agreement may extend to, and be enjoyed by, any duly authorized subsidiary, affiliate, or other legally related entity of CONCESSIONAIRE, provided, however, that, notwithstanding the manner and method of operation employed by CONCESSIONAIRE In this Agreement, CONCESSIONAIRE shall continue at all times to remain directly Gable to CITY for the performance of all terms, conditions, and covenants of this Agreement. B. Except as set out in this Agreement, CONCESSIONAIRE'S right to occupy the Leased Premises set out in this Agreement may not be sublet, in whole or part, without the prior written approval of CITY, and CONCESSIONAIRE may not assign this Agreement nor permit any transfer by operation of law or otherwise of CONCESSIONAIRE'S interest created by or held pursuant to this Agreement without the prior written consent of CITY'S City Council. CITY may not withhold its approval unreasonably, C. Any obligations of CONCESSIONAIRE required by this Agreement may be delegated to any CITY -approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve CONCESSIONAIRE of its liability, responsibilities, and obligations under this Agreement unless so released in writing by CITY'S City Council. ARTICLE XVIII. HOLDING OVER; IMPROVEMENTS REVERT; REDELIVERY A It is agreed and understood by CONCESSIONAIRE that any holding over or failure to vacate the Leased Premises by CONCESSIONAIRE after the expiration of the term of thls Agreement may only be permitted with the consent of the CITY, acting through the Director, and does not constitute nor shall be deemed to be a renewal or extension of this Agreement as it pertains to the Leased Premises (and the Concession being conducted), but shall operate solely as a tenancy at sufferance from month-to-month, such holdover period not to exceed 12 months. Any holdover tenancy is upon all the same terms, conditions, and covenants in effect immediately prior to the commencement of the holdover period; rentals shall be paid to CITY by CONCESSIONAIRE for the Leased Premises at a rate of 100% of the then -current rents, fees and charges in effect as of the end of the primary term of this Agreement. (The calculation and basis of the Concession Fee during any holdover period will remain as stated in this Agreement, with the MAG amount for each holdover month represented as 1/12"' of the Adjusted MAG from the fifth year of the Agreement, as established in Article V.) Any holdover by CONCESSIONAIRE without the express consent of the CITY, shall result in the assessment to CONCESSIONAIRE of a rate for rents, fees, and charges of 110% (including in the calculation of the Concession Fee). B. The CITY may decide, but is not obligated to allow, CONCESSIONAIRE to holdover on the Leased Premises following the expiration of the term of this Agreement. In making its decision whether to allow such a holdover, the CITY may consider any circumstances impacting services and the Airport including, without limitation: 1. the benefits and costs to the CITY of permitting such a holdover, 2. the conditions under which a delay in placing the concession services out to bid may result in less or greater revenue to the CITY; Page 22 of 33 3. the potential Toss of revenue that may result from any gap in the provision of rental car concession services for the traveling public at the Airport; 4. any proposed, planned, or ongoing capital improvements, renovations, or repairs of the Airport property, terminal building, parking areas, QTA, or rental car locations and any effect such Improvements, renovations, or repairs may have on the concession services; 5. any potential disruption or adverse impact the holdover may have on the overall concession program at the Airport; and 6. the effect resulting from a denial of the opportunity to possibly add new rental car concession operators during any holdover. C. After consideration of the factors outlined in section B above, the CITY shall notify the CONCESSIONAIRE in writing of the CITY's offeror lack of an offer of a holdover tenancy. Within 30 days of the date of the CITY's offer, the CONCESSIONAIRE shall notify the CITY in writing as to the CONCESSIONAIRE'S acceptance or rejection of a holdover tenancy. In the event a holdover tenancy is accepted by CONCESSIONAIRE, the CITY agrees not to enter into any new oh -airport rental car concession agreement or arrangement during CONCESSIONAIRE'S holdover tenancy. Should the CONCESSIONAIRE fail to notify the CITY in writing within the 30 -day period following CITY'S offer, if any, of a holdover tenancy. the CONCESSIONAIRE shall be deemed to have rejected the CITY's offer of a holdover tenancy and vacate the Leased Premises on or before the expiration date of the term of this Agreement. D. During any holdover period, CONCESSIONAIRE shall remain liable to CITY for all loss, damage, or injury whether such loss, damage, or injury may be contemplated or not at the time this Agreement Is executed. It is expressly agreed by CONCESSIONAIRE that acceptance of the rentals by CITY during any holdover period, in the event CONCESSIONAIRE fails or refuses to surrender possession of the Leased Premises, shall not operate to give CONCESSIONAIRE any right to remain in possession beyond the period for which such amount has been paid nor shall it constitute a waiver by CITY of its right to demand immediate possession following a required notice to terminate the holdover tenancy. E. Unless modified in writing and as deemed necessary by the CITY, CONCESSIONAIRE shall remain obligated during any holdover period to: 1. furnish a sufficient Concession bond and maintain adequate Insurance coverage; 2. provide defense, indemnity, and liability protection to the CITY; and 3. provide security and environmental protections. F. Any holding over beyond the expiration of the term of this Agreement may be terminated by either party upon 30 days prior written notice to the other party. G. Regardless of whether there is an approved holdover tenancy, except for the right of CONCESSIONAIRE to remove trade fixtures, furnishings, and personal property at the expiration or earlier termination of this Agreement, ownership of all improvements placed or constructed on the Leased Premises by CONCESSIONAIRE revert to CITY upon the expiration or earlier termination of this Agreement. H. Regardless of whether there is an approved holdover tenancy, upon the expiration or earlier termination of this Agreement, CONCESSIONAIRE shall deliver the Leased Premises to CITY peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by CONCESSIONAIRE or CITY, normal use and wear excepted. ARTICLE XIX. SUBORDINATION & RIGHT OF RECAPTURE A. This Agreement is subordinate to the provisions of any existing or future agreement between CITY and the United States of America and/or the State of Texas regarding operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal or State funds for the development of the Airport. Should the effect of such agreement with the United States be to take any of the property under lease, or substantially alter or destroy the commercial value of the leasehold Page 23 of 33 interest granted herein, CITY shall not be held liable therefore, but, in such event, CONCESSIONAIRE may cancel this Agreement as provided for elsewhere in this Agreement. Notwithstanding the foregoing, CITY agrees that, in the event it becomes aware of any such proposed or pending agreement or taking, CITY shall utilize its best efforts to give the maximum possible notice thereof to CONCESSIONAIRE. Any portion of the Leased Premises recaptured from CONCESSIONAIRE under this provision shall result In a proportionate abatement of rent as of the date the recapture is effectuated. B. CITY has the right to recapture all or any portion of the Leased Premises to the extent that it is necessary to do so for the Airport's development, improvement, or maintenance of the runways and taxiways; for protection or enhancement of flight operations; or for other development in compliance with any current or future Airport Master Plan and Airport Layout Plan. In the event of any such recapture, CITY and CONCESSIONAIRE shall execute a writing reflecting a corresponding adjustment to the affected areas, Base Rent, and any other fees and charges applicable solely to the affected Leased Premises. ARTICLE XX. NONDISCRIMINATION; AFFIRMATIVE ACTION A. Nondiscrimination - General. CONCESSIONAIRE for Itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex. age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Leased Premises; (2) in the construction of any improvements on, over, or under the Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation In, denied the benefits of, or otherwise be subject to discrimination; (3) CONCESSIONAIRE will cause to the best of its ability the Leased Premises and improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination In Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended_ B. Nondiscrimination - Business Owner. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (CONCESSIONAIRE) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (CONCESSIONAIRE) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements . C. Remedy for Breach. If CONCESSIONAIRE is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, CITY may immediately enforce the remedies directed by the court's decision, which may include CITY'S right to reenter the Leased Premises, retake possession thereof, and terminate this Agreement This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. CONCESSIONAIRE will undertake any affirmative action program if required by 14 CFR Part 152, Subpart E, to ensure that CONCESSIONAIRE will not exclude any person from participating in any employment activity covered by 14 CFR Part 152, Subpart E, on the grounds of race, creed, color, national origin, sex, age, or disability. CONCESSIONAIRE will not exclude any person on these grounds from participation in or the receipt of the service or benefit of any program or activity covered by the subpart. CONCESSIONAIRE further understands that it will require its covered sub -organizations, if any, to provide assurances to CITY that they will also undertake any required affirmative action programs, if required, and require assurances from their sub -organizations, if required pursuant to 14 CFR Part 152, Subpart E. CONCESSIONAIRE, at no expense to CiTY, shall comply with any applicable requirements of the Americans with Disabilities (ADA), as it may be amended, with respect to the Leased Premises and its improvements . Page 24 of 33 ARTICLE XXI. COMPLIANCE WITH FEDERAL LAWS, RULES, REGULATIONS, AND ORDERS A. In addtian to other provisions of federal law included in this document, the following provisions set out in this article specifically apply to this Agreement as required by federal law, and CONCESSIONAIRE covenants to comply in all manner and at all times during the pendency of this Agreement with the provisions of this article. Any reference to "Contractor' or "Lessee' included in this article also means and includes CONCESSIONAIRE. Any reference to "Contract" or "Lease" included u this article also means and includes this Agreement. Any reference to 'Sponsor" means and includes the City of Corpus Christi. B. Title VI List of Pertinent Nondlacrlminatlor! Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI. of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally -assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seg.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title Vi of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and 111 of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entitles (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order '12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Page 25 of 33 • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). B. General Civil Rights Provisions. The CONCESSIONAIRE agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shaft, on the grounds of race, creed, color, national origin, sex. age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. tf the CONCESSIONAIRE transfers its obligation to another, the transferee is obligated in the same manner as the CONCESSIONAIRE. This provision obligates the CONCESSIONAIRE for the period during which the property is owned, used or possessed by the CONCESSIONAIRE and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. C. Title Vi Solicitation Notice. The City of Corpus Christi, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin In consideration for an award. D. Compliance with Nondiscrimination Requirements. During the performance of this contract. the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the 'Contractor'), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work perforated by It during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and Its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor Is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor Page 26 of 33 becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E. Clauses for Transfer of Real Property Acquired or Improved under the Airport improvement Program. The following clauses will be included in leases entered into by the City of Corpus Christi pursuant to the provisions of the Airport Improvement Program grant assurances: 1. The CONCESSIONAIRE/Lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the property described in this lease and concession license for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the CONCESSIONAIRE/Lessee will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, City of Corpus Christi will have the right to terminate the lease and license, and to enter, re- enter, and repossess said lands and facilities thereon, and hold the same as if the lease and license had never been made or issued. 3. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the City of Corpus Christi will have the right to enter or re-enter the lands and faciilties thereon, and the above described lands and facilities will thereupon revert to and vest in and become the absolute property of the City of Corpus Christi and its assigns. F. Clauses for Construction/Use/Access to Real Property Acquired under the Activity FacIlity or Program. The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Corpus Christi pursuant to the provisions of the Airport Improvement Program grant assurances: 1. The CONCESSIONAIRE/Lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (a) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (c) that the CONCESSIONAIRE/Lessee will use the premises in compliance with all other requirements imposed by or pursuant to the List of Discrimination Acts and Authorities. 2. With respect to leases, in the event of breach of any of the above nondiscrimination covenants, City of Corpus Christi will have the right to terminate the Agreernent and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said Agreement had never been made or issued. 3. With respect to deeds, in the event of breach of any of the above nondiscrimination covenants, City of Corpus Christi will there upon revert to and vest in and become the absolute property of City of Corpus Christi and its assigns. G. Airport Concession Disadvantaged Business Enterprise (ACDBE). This Agreement, along with the Concession and Lease established pursuant to it, is a revenue-producing contract awarded to CONCESSIONAIRE and will result in the provision of goods and services to passengers, patrons, and tenants at the Airport. Federal law and regulations impose ACDBE goals upon the performance of this Agreement by CONCESSIONAIRE, and the City encourages CONCESSIONAIRE voluntarily to strive to include significant involvement with ACDBE business enterprises in operations under this Agreement. The Director will provide the CONCESSIONAIRE with information on the Airport's established ACDBE program, goals, and partiicipation parameters pursuant to 49 CFR Part 23.53, Page 27 of 33 ARTICLE XXII. INSURANCE CONCESSIONAIRE, at its sole expense, shall obtain and maintain in effect at all times during the term of this Agreement insurance coverage protecting CITY against liability by reason of CONCESSIONAIRE'S use of the Leased Premises and facilities occupied by it or resulting from any accidents or incidents occurring on or about the roads, driveways, or other places used by CONCESSIONAIRE at the Airport in conducting its Concession operations pursuant to this Agreement. All such insurance types and coverages required by this Agreement are as set out in Exhibit "H," which exhibit is attached and incorporated into this Agreement as if Its content were set out here in its entirety. ARTICLE XXIII. INDEMNIFICATION A. CONCESSIONAIRE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR PARTY. CONCESSIONAIRE 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 FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF CONCESSIONAIRE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. B. Notice of Claim or Action. Notwithstanding the above indemnifications, CONCESSIONAIRE must give the Director and CITY'S Risk Manager written notice of any accident or other matter covered under this article and forward to the Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received within 10 days of CONCESSIONAIRES receiptof same. ARTICLE XXIV. CONCESSIONAIRE'S TERMINATION RIGHTS Without limiting any other rights and remedies to which CONCESSIONAIRE may be entitled by common law, statutory law, or as elsewhere provided in this Agreement, this Agreement may be terminated by CONCESSIONAIRE upon 30 days prior written notice upon the occurrence of any of the following events. 1. The City's permanent abandonment of the Airport; 2. The lawful assumption by the U. S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts Page 28 of 33 the CONCESSIONAIRE from operating at the Leased Premises for a minimum of 180 calendar days; 3. The issuance by any court of competent jurisdiction of an Injunction that prevents or restrains the use of the Airport or the Leased Premises that continues for at least 180 days; or 4. The default by CITY in the performance of any covenant or obligation to be performed by CITY and such failure to remedy the default continues for a period In excess of 60 days after receipt from CONCESSIONAIRE of written notice to remedy the same. ARTICLE XXV. CITY'S TERMINATION RIGHTS A. CITY shall have the right, upon 10 days prior written notice to CONCESSIONAIRE, to cancel this Agreement in its entirety upon or after the happening of one or more of the following events: 1. If CONCESSIONAIRE makes a general assignment for the benefit of its creditors; 2. W CONCESSIONAIRE fries a voluntary petition in bankruptcy seeking liquidation, reorganization, or the adjustment of its indebtedness under federal bankruptcy laws and fails to make payments when due to CITY; 3. If any involuntary petition in bankruptcy is filed against CONCESSIONAIRE and CONCESSIONAIRE fails to make payments when due to CITY; 4. If CONCESSIONAIRE consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its personal property, real property, or assets; 5. If CONCESSIONAIRE voluntarily abandons and discontinues its Concession or rental car services at the Airport for a period of 60 consecutive days, or CONCESSIONAIRE abandons its Leased Premises in the Terminal, QTA facility, or at the Airport for a period of 60 consecutive days; 6. If CONCESSIONAIRE fails to pay, when due, the Concession Fees, rental charges, or any other fees, charges, or payments of money required under this Agreement, or fails to perform any indemnity or other act which it is obligated to perform under this Agreement, and which Is not cured within 10 days of written notice; 7. If CONCESSIONAIRE defaults in fulfilling any of the other terms, conditions, or covenants required by it in this Agreement and shall fail to remedy the default within 30 days of written notice or demand; or 8. If CONCESSIONAIRE allows any lien to be filed directly or indirectly against the CITY's real property or allows a final judgment to be filed against CITY pertaining to this Agreement. B. In the event of any cancellation or termination of this Agreement by CITY for any of the reasons specified above, or any other reason as may be set out elsewhere in this Agreement, CONCESSIONAIRE shall have 10 days within which to remove all trade fixtures and personal property installed in or upon the Leased Premises by CONCESSIONAIRE. If the trade fbttures or personal property are not removed within the 10 - day period following such termination or cancellation, CITY shall have the right to remove all trade fixtures and personal property at CONCESSIONAIRE'S expense and at no liability to CITY. ARTICLE XXVI. NOTICE OF TERMINATION If an event a material default occurs, and after due written notice identifying the default the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Agreement by providing written notice of termination to the defaulting party. Unless a different or longer period is provided elsewhere in this Agreement or the notice (any such different or longer period controlling), this Agreement will be terminated on the date specified in the notice but not sooner than 10 business days after the postmark date of the notice. Page VIof33 ARTICLE XXVII. NOTICES - GENERAL A. Unless otherwise specified, all notices and other communications required or permitted to be given pursuant to this Agreement must be in writing and are deemed properly given if: (1) sent by certified mail, with return receipt requested and sent by (2Xa) facsimie transmission, with proof of transmission or (2)(b) via any nationally recognized overnight courier service, with proof of mailing or (2)(c) by personal delivery, when delivered to the administrative office of the Airport, Aug(3) addressed as follows: When to CITY: Corpus Christi International Airport Attn: Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Phone: (361) 289-0171 Fax: (361) 826-4551 When to CONCESSIONAIRE: Coastal Bend Rent A Car, Inc. and South Texas Auto Rental Services, LLC Attn: Victoria M. Anderson 226 S. Tancahua Corpus Christi, TX 78401 Phone: (361) 883-5108 ext 230 Fax: (361) 882-9241 8. All notice periods begin on the third day after the date the notice is placed in the U.S. certified mail. The date of the certified mailing takes precedence and controls over the date of any other form of notice. C. Daily communications of an informal nature may be conducted by the parties by telephone or email. Either party may, following a phone discussion with the other party, reduce any terms or arrangements to a formal written notice and, if reduced to writing, such written communication (following a phone discussion) must be mailed and sent to the other party as set out in paragraph A above. Except for an email pursuant to Article X(AX2), informal email communications shall not constitute written notice pursuant to this Agreement. ARTICLE XXVIII. SUBORDINATION TO U_S.JFAA REQUIREMENTS;_REQUIRED RIGHT TO AMEND A. This Agreement is subordinate to the provisions of any existing or future agreement between CITY, acting through the Airport and its Director, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) Is required as a condition to the expenditure of federal funds for the development of the Airport . If the effect of said agreement(s) with the United States, either under this paragraph or paragraph B below, is to remove any or all of the Leased Premises from the control of Airport or to substantially destroy the value of the Leased Premises, then this Agreement shall terminate immediately without any further obligation on part of CITY to CONCESSIONAIRE. B. If the Federal Aviation Administration rFAA"), or its successor agency, requires modifications or amendments to this Agreement as a condition precedent to the granting of federal funds to CITY for Airport improvements, CONCESSIONAIRE agrees to consent to the modifications or amendments to this Agreement as may be reasonably required, provided however, CONCESSIONAIRE will riot be required to pay any increased rentslfeeslcharges, change the use of the Leased Premises, or accept a relocation or reduction in size of the Leased Premises until CONCESSIONAIRE and CITY have fully executed an amendment to this Agreement that Is mutually satisfactory to both parties regarding any terms or conditions of this Agreement affected by said actions of the FAA. ARTICLE XXIX. BUDGETARY APPROPRIATIONS By execution of this Agreement, CONCESSIONAIRE acknowledges that the continuation of any contract after the close of any fiscal year of CITY, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the CITY'S City Council for such contract item (to include any financial commitment therein) as an expenditure in the next fiscal budget. CITY does not represent nor warrant to CONCESSIONAIRE that a budget item providing for this Agreement in any future fiscal budget will be adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. ARTICLE XXX. FORCE MAIEURE A. Neither CITY nor CONCESSIONAIRE will be deemed to be in breach of this Agreement if either is prevented from performing any of its obligations under this Agreement by reason of force majeure. "Force Majeure" for Page 30 of 33 the purposes of this Agreement means any significant delay or failure due to strikes, lockouts, labor disputes, acts of God (to include severe inclement weather and sustained periods of rain), fire or other casualty, acts of the public enemy, terrorist acts, civil commotion, riots or interference by civil or military authorities, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. The occurrence of the delay or failure to perform due to one of the foregoing events extends the period of performance until these exigencies have been removed. B. To assert the occurrence of a force majeure event, the party claiming it shall inform the other party in writing, with sufficient proof of the force majeure event, within three business days. Failure to provide the written notice within the period stated shall expressly constitute a waiver of this right as a defense. ARTICLE XXXI. NO THIRD -PARTY BENEFIT No provision of this Agreement creates a third -party claim against CITY or CONCESSIONAIRE beyond that which may legally exist in the absence of any such provision. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions, or remedies to any person, including the public, as a third -party beneficiary, under any laws or otherwise. ARTICLE XXXII. SURVIVAL OF LIABILITIES AND OBLIGATIONS Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that (i) the parties have expressly agreed survive any such termination or expiration; (it) remain to be performed; or (iii) by their nature would be intended to be applicable following the termination or expiration of this Agreement. ARTICLE XXXIII. WAIVER No delay of or omission in the exercise of any right, power, or remedy accruing to either party as a result of any breach or default by the other party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of or in any similar breach or default occurring later. No waiver of any single breach or default shall be deemed a waiver of any other breach or default occurring before or after that waiver. ARTICLE XXXIV. PIIIENDMENT This Agreement may not be amended except by a written instrument executed by each party to this Agreement acting through a person authorized to sign agreements on behalf of such party (which, in the case of CITY, shat be the Director or City Manager, unless the provision first requires express approval by the City Council pursuant to this Agreement, the City Charter, or the City's Code of Ordinances). Unless expressly provided otherwise in this Agreement, the Director shall exercise authority to issue any notices or other written communications required or permitted on behalf of CITY. ARTICLE XXXV, GOVERNING LAW This Agreement, and any disputes arising under it, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas, and venue shall be in Nueces County, Texas, where this Agreement was entered Into, executed by the parties, and where performance of this Agreement shall take place. ARTICLE XXXVI. ORDER OF PRECEDENCE In the interpretation of this Agreement, or in the event of a dispute as to the meaning of any term, phrase, or language used in this Agreement, the following order of precedence controls: this Agreement excluding the exhibits; next, the exhibits; next, any executed amendments to this Agreement, along with their attachments, if any; next, the City's Page 31 of 33 issued RFP; next, any addendums issued to the RFP; next, the CONCESSIONAIRE'S submitted proposal in response to the RFP; and last, any submitted responses of the CONCESSIONAIRE to any City -issued addendums to the RFP. Any ambiguities between the documents that cannot be resolved by review of the documents in the order of precedence stated shall not be construed against the drafter and shall, as most reasonably possible, be resolved by the parties. ARTICLE XXXVII. ENTIRE AGREEMENT This Agreement is the final, complete, and exclusive statement of the understanding and agreement between the parties with relation to the subject matter of this Agreement. There are no oral representations, understandings or agreements covering the same subject matter as this Agreement. This Agreement supersedes and cannot be varied, contradicted, or supplemented by evidence of any prior or contemporaneous discussions, correspondence, or oral or written agreements or arrangements of any kind. ARTICLE XXXVIII. JOINT AND SEVERAL LIABILITY Coastal Bend Rent-A-Car, Inc., and South Texas Auto Rental Services, LLC, are co -tenants and co -concessionaires pursuant to this Agreement. As such, City may elect to recover from either Coastal Bend Rent-A-Car or South Texas Auto Rental Services the fust amount of any collective liability of the CONCESSIONAIRE under this Agreement for personal injuries, property damage, or any act or omission pertaining to any concession/lease obligations, duties, or responsibilities that may arise or occur and which may be attributable, directly or indirectly, to this Agreement between ail parties, and City may bring a separate action against either party or both parties with respect to any such liabilities. IN WITNESS HEREOF, and with the intent to be legally bound, this Agreement s executed by the parties in triplicate in one or more counterparts, each counterpart of which shall be deemed an original and all of which together constitute but one and the same Instrument. ATTEST: CITY OF CORPUS CHRISTI 'fe_tiaeceek_ Rebecca Huerta City Secrery Date - Ar Approved as to legal form,: 6/// 7//(6 Assis ntity Attornejr for Miles -Risley, City Attorney CONCESSION L - (AVIS) Signature: (7 Peter Zanoni City Manager °I12510 Date: Printed Name- jG rk M inAPA-4-50Y) Title�� Date: 'SA ! 3 Ict telt AU I rtutui.&a 3 mot t1c.-3,r'i- r'c Q SECRETADv CONCESSIONAIRE (BUDGET) Signature: - .. • 1 Printed Name: V1r-f-Dri & «�!1 I1 art Qo.c.- Date- 171\311C1 Title' Page 32 of 33 ATTACHED AND INCORPORATED EXHIBITS: Exhibit A — Terminal Counters/Offices Exhibit B — Terminal Ready/Return Parking Lot Exhibit C — Quick Turnaround Facility (QTA) Exhibit D — QTA Office/Maintenance Areas Exhibit E — QTA FueIWash Bay/Support Areas Exhibit F — Monthly Gross Revenues Statement Exhibit G — Maintenance Matrix Exhibit H — Insurance Requirements INCORPORATED BUT UNATTACHED EXHIBITS: (Available upon request) CITY'S REQUEST FOR PROPOSAL CONCESSIONAIRE'S PROPOSAL Page 33 of 33 ,.81 .9 W N w Q a w w 0 .00-401 0 0 4'1 e. N w d O • 6 a o `o csi Z rit z 5 z w In c u 1 8 j 0 0 z CORPUS CHRISTI INTERNATIONAL AIRPORT NOT TO SCALE NTERNATIONAL AIRPORT CORPUS CHRIS QTA LEASE Exhibk 444 • z 0w L.1.1 go 41) o .0 o Total Perking Copociiy �C y N VI. 4. U. q chf�v OOpp p H O C fr Q v N cat ISIS d z i • r N ii 03 a 03 5 0 g z ma - Om PO 0 1� W y 0 -o as M z O. W arm FUEL PQSmONS ▪ N N. rte. t▪ ai N. 1r R r. N. ▪ 3i M Z z 0 0 J LL. tl e l 1- 0 J z 0 W 1— Z tn ,Lr u U") C_ 0 u 0 r v a x QTA LEASE Exhibit D 2 Lf Exhibit E QTA Fuel/ Wash Bay/Support Areas FUEL P1smoNs g CCM 2 zco FLOOR PLAN ri 15 t 1 CORPUS CHRISTI INTERNATIONAL AIRPORT 0 a s 1 1 Lu ~ z CI 3 XZ Z w� CCIA COMPANY: RENTAL CAR MONTHLY REVENUE REPORT JTI' OF CORPUS CHRISTI - AVIATION DEPARTMENT 1000 INTERNATIONAL BLVD. —ADMINISTRATION OFFICE ATTENTION: ACCOUNTS RECEIVABLE, CORPUS CHRISTI, TX 78406 Business Period: LOCATION: (ie., mm/yyyy) Gross Revenues: Time & Mitesge Charges & Fees Recoupment of Airport Concession Fees Vehicle TTL/ Registration Recoupment Fees All Fuel Charges & Services (Prepay, Refuel, Service Charges, etc.) All Insurance safes Ail Damage Waiver Charges (LDW, CDW, POW, etc.) Other Vehicle Charges (One Way or inter -city Fees, Exchanges, Upgrades, etc.) Additional Equipment, Communication & Technology (car seats, racks, radios, phones, navigation, Wi-Ft, satellite, etc.) Misc & Other Optional Charges (Add'I Drivers, Cleaning, Towing, Frequent Flyer, GARS, Carbon Offset, etc.) Contracted Services with Other Airport Concessionaires, Users or Third Parties Customer Facility Charges (CFCs) Airport Security Fees Taxes on metal transactions, required by taxing authority Receipts/Compensation for Actual Damages/Lass Operating Costs Recovered All Other Fees, Charges, Receipts, Revenue, Compensation not included above Exhibit F Total Gross Revenues: $ - (1) Allowable Exclusions: Customer facility Charges (CFCs) Airport Security Fees Tickets/Fines/Towing Taxes on rental transactions, required by taxing authority Receipts/Compensation for Actual Damages allowed/Loss Customer Discounts at time of rental Total Allowable Exclusions; Gross Revenues After Allowable Exclusions (tine (1) less Line (2)) Concesslon fee: (tine 13)x LI* or 111 Monthly Minimum Annual Guarantee: Has this month's MAG been paid prior to the submission of this report? Y/N Las: Applicable Minimum Payment (monthly MAG payment) if paid prior to report: Adjustments: Applicable credits, etc. (Erlpltrin below in Comments) - (2) - (3) - (4) $ (51 s (6) Comments. Concession Fee due City with Reoart; Pine (4) less lines (5), (5)) Additional tnformatiotl !Reo redJ Total CFCs Collected for the month: Total Security Fees for the month: Total Rental Transactions for month: Total Rental Transaction Days for month: $ The undersigned hereby certifies that this report is a true, accurate and complete statement of Company's Gross Revenues and Allowable Estonians in accordance with the terms on the Airport Rental Car Concession and Lease Agreement as amended, for the month reported. Prepared by (print): Prepared by Signature: Manager Name (print): Manager Signature TRIe Title: Date Signed Date Signed "Please attach transaction information via Excel or .CSV format with this report to CCIA staff** w 0 z z w z 2 Z z 0 IIJ0 0 .taw co wj J_ m 2 0 o. 0 w OC u. 0 Z 0 F 0 N w 0 11 RAC COMMON USE Support and Stoirage 000 000 00 0 22 00 000 02x 11 0 0 k U 44.4 VUU UU 0 UU 0U00U 0 Q 22• Fuel Position aQQ 4¢Q 00 0 2zz z 00 00 000 0tz . . 32 ¢ m 12 m w E ui w O. LU m t1 s 02 c 3 z2<i UU U 00 0 00 00 cc00 ZaOC Z _ _ ex > _ li ... 000 000 00 0 c G St;. a ca 2.,qt Q a c m 020c 120m E�X� —� Cl oi 4 00 w �cau. 6 m gZ m o .c x00 wwinw ULA �gtiE q 03 6 I 00: w ` i EXHIBIT H INSURANCE REQUIREMENTS I. CONCESSIONAIRE'S LIABILITY INSURANCE A. Concessionaire must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Concessionaire must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Concessionaire 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, where their interest may appear for liabilities arising in whole or m part by the conduct of the Concessionaire, for the General Liability. Additionally, 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 Iisted in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 10 -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. Personal Injury- Advertising Injury $1,000,000 Per Occurrence S1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS 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 POLLUTION LIABILITY $1,000,000 Per Occurrence CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence PROPERTY INSURANCE Contractor, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Concessionaire must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REOUIREMENTS A. Applicable for paid employees, Concessionaire 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 Concessionaire is not domiciled in the State of Texas. B. Concessionaire shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Concessionaire'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. Concessionaire shall be required to submit renewal certificates 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 Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Concessionaire 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 insured's by endorsement where their interest may appear for liabilities related to the operations and activities arising in whole or in part by the Concessionaire, with the exception of the workers' compensation and crime policies. • 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 ten (10) 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. Prior to any cancellation, non -renewal, material change or termination of coverage, Concessionaire shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Concessionaire'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 Concessionaire'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 Concessionaire to stop work hereunder, and/or withhold any payment(s) which become due to Concessionaire hereunder until Concessionaire demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Concessionaire may be held responsible for payments of damages to persons or property resulting from Concessionaire's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Concessionaire'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. 20I8 Insurance Requirements Legal Dept. — Aviation Rental Car Concession and Lease Agreement 07/20/2018 sw Risk Management Revised 07/24/2018; 05/01/2019 AGENDA MEMORANDUM City Council Meeting of November 19, 2019 DATE: TO: October 16, 2019 Peter Zanoni, City Manager FROM: lain Vasey, President/CEO ivasey@ccredc.com (361) 882-7448 Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q3 2019) OUTSIDE PRESENTER(S): Name Title/Position Organization 1. lain Vasey President/CEO CCREDC BACKGROUND: The CCREDC provides quarterly updates to City Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy. The Metropolitan Statistical Area (MSA) economy is doing great. We have added 3,300 jobs since last year at this time. Our unemployment rate has dropped from 4.7% last year down to 4.1%. The EDC is working on 12 major projects that are valued at $19.6 billion in capital investment and create almost 3,000 jobs. The EDC is looking for other industries to attract to our region. We are attending conferences in conjunction with Texas A&M University -Corpus Christi on drones and partnering with the Port on large oil/gas/plastics manufacturers. We have made Opportunity Zones a priority and are coordinating with partners to push a "sense of place" initiative. Your EDC is delivering value to the City and the region. LIST OF SUPPORTING DOCUMENTS: PowerPoint — CCREDC Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Iain Vasey CEcD President/CEO Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION MISSION STATEMENT The mission of the Corpus Christi Regional Economic Development Corporation is to expand and enhance the region's economic base by developing and/ or supporting projects that create primary jobs to improve the diversity and size of the local economy. Employment by Sector for Corpus Christi MSA Industry Yearly Change Total Nonfarm 3,300 Mining, Logging and Construction 1400 Manufacturing 400 Trade, Transportation, and Utilities -100 Information 0 Financial Activities 300 Professional and Business Services 0 Education and Health Services 600 Leisure and Hospitality 600 Other Services 200 Government -100 194,800 25,100 8,700 32 900 1 600 8 600 18 700 32 800 26 200 6 500 33 700 194,700 25,000 8,700 33 000 1 600 8 600 19 100 32 700 26 800 6,600 32,600 WU- 191,500 I23,700 18,300 133,000 1 1,600 1 8,300 1 18,700 1 32,200 25,600 1 6,300 133,800 Sep. 2017 Sep. 2016 Sep. 2015 189,300 192,700 194,100 25,700 25,700 24,900 8,100 8,600 9,300 32,700 33,900 34,800 1,800 1,800 2,000 7,800 7,600 8,200 17,500 16,500 17,200 31,000 31,400 29,900 24,600 26,100 26,500 6,400 6,900 7,500 33,700 34,200 33,800 Project Wins: YTD: 5 "Wins" total CapEx of $2.75B • Permico — 52 jobs, $550M investment • ICE Engineering — 25 jobs, $1.4M investment • EPIC Y Grade — 10 jobs, $200M investment • Alorica — 300 jobs, $4M investment • Steel Dynamics — 500 jobs, $1.8B investment Project Pipeline: ✓ 6 Class B Projects (in competitive negotiations) — 1,935 jobs ✓ 5 Class C Projects (early in process/low probability) — 1,010 jobs ✓ 12 Total projects representing a potential of $19.6B CapEx Business Attraction Recruitment Staff hosted 4 prospect visits in Q3 including Dahlia, Dynamo, Two Step, and Falcon. Past Travel - NGL Conference and project meetings, Houston, September 11-12 - IAMC (Site Selectors Conference), Milwaukee, Sept 14-17 - IEDC (Site Selectors, ED), Indianapolis, October 13-16 - AUV Commercial Expo -Drones (with Lone Star UAS Center at TAMU-CC) Natural Gas Liquids (NGLs), Sept 10-12, Houston IAMC (site selectors), Sept 14-19, Milwaukee Upcoming Travel: - IEDC (Site Selectors, ED), Indianapolis, Oct 13-16 - AUV Commercial Expo -Drones (with Lone Star UAS Center at TAMU-CC), Las Vegas, October 28-30. etention & • Completed 57 visits YTD September 2019 • Launched Explorethecoastalbend.com • Ongoing monthly meeting with Corpus Christi Development Services on projects • Past Travel • CB to DC delegation — Washington DC • Inclusive Development Network convening — Spokane September 26th -27th (in partnership with United Corpus Christi Chamber of Commerce) • Upcoming Travel: • TEDC Annual Conference — San Antonio October 9th -11th • IEDC Indianapolis October 13th -16th • Opportunity Zones to attract projects. Including building website and getting shovel ready projects to market to Opportunity Zone Fund managers • Buildout "Sense of Place" website; coordinate with other stakeholders (City, DMD, Chambers, Port) how to make our community more attractive • Update 2018 community survey on attitudes towards Economic Development Growth • Helping government agencies with policy decisions by providing fact -based data for use in determining needs and direction • Working with existing industries to bring their suppliers and/or customers to our region Questions? R41 Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION lain Vasey CEcD President/CEO Corpus Christi Regional Economic Development Corporation 800 North Shoreline Blvd. Suite 1300 South Corpus Christi, Texas 78401 Office 361-882-7448 ivasey@ccredc.com www.ccredc.com AGENDA MEMORANDUM Action Item for the City Council Meeting November 19, 2019 DATE: November 14, 2019 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammyecctexas.com 361-826-3622 Resolution to oppose a Texas Windstorm Insurance Association rate increase CAPTION: Resolution Opposing Texas Windstorm Insurance Association Rate Increase SUMMARY: The Texas Windstorm Insurance Association (TWIA) is holding a meeting of the actuarial committee on Tuesday November 19, 2019 via teleconference to consider recommending a rate increase to the full TWIA Board. This is the third attempt to raise TWIA insurance rates this year. The next meeting of the full TWIA board is scheduled for December 10, 2019 in Corpus Christi. BACKGROUND AND FINDINGS: The 86th Session of Texas Legislature passed several pieces of legislation to make needed reforms to TWIA, including the creation of a legislative oversight committee to study TWIA rate adequacy. Prior to the full implementation of the new laws, TWIA is trying to raise rates on TWIA policy holders again. Rate increases will make it even harder for the Coastal Bend and the entire coastal region to continue rebuilding from Hurricane Harvey. In addition, increased TWIA rates make it harder for families in the Coastal Bend region to afford and finance homes. This push to raise rates before TWIA reform legislation can be implemented is premature. ALTERNATIVES: The Council can pass the resolution, or the Council can choose to take no action at this time. FISCAL IMPACT: There is no financial impact to the city. RECOMMENDATION: Staff recommends adoption of this resolution which will send an official message from the City of Corpus Christi to TWIA to refrain from raising rates at this time. LIST OF SUPPORTING DOCUMENTS: Resolution - Opposing TWIA rate increase 19.n13 Resolution Opposing Texas Windstorm Insurance Association Rate Increase WHEREAS, Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on Friday, August 25, 2017, and battered and drenched Texas for days before finally moving out of the state. Hurricane Harvey was the first major hurricane to make landfall along the Middle Texas Coast since Hurricane Celia in 1970; WHEREAS, Governor Greg Abbott first issued a disaster declaration on Aug. 23, 2017, for Aransas, Austin, Bee, Brazoria, Calhoun, Chambers, Colorado, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Harris, Jackson, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Liberty, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Waller, Wharton, and Wilson counties; WHEREAS, more than two years after the storm, many of the Hurricane Harvey disaster declared communities are struggling to rebuild; WHEREAS, the Texas Windstorm Insurance Association Board of Directors voted 5-4 to increase rates for 2019 by 10 percent at its July 31, 2018 quarterly Board meeting. This action was forestalled by Governor Greg Abbott in order to allow the Texas State Legislature to address TWIA's actuarial deficiency; WHEREAS, the 86th Texas Legislature did act by passing HB1900, which creates a Legislative Funding Oversight Committee to study TWIA's rate adequacy; WHEREAS, the Legislative Oversight Committee must be appointed and given time to act before TWIA activates a new rate increase; WHEREAS, the TWIA Board of Directors voted for no rate increase at its August 6, 2019 meeting; and WHEREAS, there are sufficient premiums, assessments, and reinsurance to cover potential TWIA liabilities for 2020; NOW THEREFORE BE IT RESOLVED, THAT THE CITY OF CORPUS CHRISTI encourages the TWIA Board of Directors to show restraint and allow the will of the Legislature to be fully implemented before TWIA votes for a rate increase that could significantly stifle rebuilding and rehabilitating homes, businesses, and lives along the Texas coast. PASSED AND APPROVED on the day of , 2019: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 19, 2019 Second Reading Ordinance for the City Council Meeting of December 10, 2019 DATE: November 11, 2019 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 Ordinance approving amendment to TIRZ #2 Project and Financing Plan CAPTION: Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. SUMMARY: The purpose of this item is to amend the Tax Increment Reinvestment Zone (TIRZ) #2 Project and Financing Plan to increase the Park Road 22 Bridge project cost by $2,884,815.66, bringing the total TIRZ #2 contribution towards the construction of the Park Road 22 Bridge to $6,884,815.66. BACKGROUND AND FINDINGS: On February 21, 2017, the TIRZ #2 Board met and approved an amendment to the Project & Financing Plan to use funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. In April 2019, the TIRZ #2 Board, the North Padre Island Development Corporation (NPIDC), and City Council approved the appropriation of $4,000,000 of TIRZ #2 funds for the construction of Park Road 22 Bridge. Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location of the Park Road 22 Bridge (PR 22 Bridge). DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. A developer agreement for Park Road 22 Bridge was approved by City Council on April 23, 2019. The agreement lays out the requirements for the proposed bridge and canal project, which requires the City to certify the availability of $11,696,319.50 for the bridge and to award the construction contract for the bridge project after the canal is substantially completed. $11,696,319.50 was the amount of the low bid when this project was previously bid by the City. The construction contract related to that bid was never awarded. The construction contract will be brought back to City Council for approval once the canal is completed. On October 30, 2019 the project was re -bid, and the lowest bid was $13,943,536. The estimated budget shortfall is $2,884,815.66. The TIRZ #2 Project and Financing Plan Amendment dated November 12, 2019 will accomplish the following: • Project #16- Park Road 22 Bridge Increase project cost by $2,884,815.66, bringing the total TIRZ #2 contribution for the project to $6,884,815.66 or approximately 50% of the total $14,000,000 construction cost. In tandem with this TIRZ #2 Project Plan Amendment, the following actions must occur: November 12, 2019 TIRZ #2 Board Meeting 1. Resolution amending the TIRZ #2 Project & Financing Plan and recommending City Council approval November 19, 2019 City Council 1. First Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. First Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 City Council 1. Second Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. Second Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 North Padre Island Development Corporation (NPIDC) 1. Motion approving the expenditure of up to $6,884,815.66 for construction of Park Road 22 Bridge. ALTERNATIVES: An alternative would be to terminate the developer agreement or incur additional debt specific for this use. However, this use is consistent with the purpose of the TIRZ #2 and the Project and Financing Plan. FISCAL IMPACT: Of the additional $2,884,815.66, $2,265,848 will come from the uncommitted fund balance in Fund 1111 — Reinvestment Zone No. 2. The remaining $618,967 will temporarily be redirected from the Packery Channel Revetment Repair project, which will be replenished throughout Fiscal Year (FY) 2020 as ad valorem revenues are collected. The Packery Channel Revetment Repair Project is not anticipated to utilize the full $4,600,000 in FY 2020. Financial Detail: Fund: 1111- Reinvestment Zone Two (Island) Organization/Activity: Mission Element: 717 Project # (CIP Only): None Account: Fund Balance (uncommitted) RECOMMENDATION: City staff recommends approval of this amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance — TIRZ#2 Project and Financing Plan TIRZ #2 Project & Financing Plan (November 12, 2019 Update) Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on July 23, 2019; WHEREAS, on November 12, 2019, the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Two on November 12, 2019, regarding the use of up to $6,884,815.66 in Zone funds for the Park Road 22 Bridge Project. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, February 28, 2017, August 22, 2017, December 19, 2017, January 22, 2019, April 16, 2019, June 10, 2019, November 12, 2019) The Tax Increment Reinvestment Zone #2 Project Plan) (Plan) (last revised and/or amended on 06/10/19) is amended to update and revise the Plan this 12t" Day of November 2019 by adding the bold and underlined text and removing the struck through text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. Packery Channel Project Plan Amendment Page 1 of 8 The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. A project consisting of the construction of two bridges on Park Road 22 is added in the February 28, 2017 amendment. A project consisting of the traffic improvements on Windward Drive at Saint Augustine Drive is added in the August 21, 2018 amendment. Additionally, as part of this amendment a project is added for a market and feasibility study for the renewal of TIRZ #2 beyond 2022. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. This exhibit has been updated to include the location of the Mobi-Mats and traffic improvements on Windward at Saint Augustine Drive. All of the specific projects are situated on public land and involve recreational use and activities. Due to damage caused by Hurricane Harvey, a Packery Channel revetment repair project is needed. Packery Channel Project Plan Amendment Page 2 of 8 Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Revised Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Plan Amendment Page 3 of 8 Packery Channel Project Area Improvements: Subject to the availability of the estimated funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 3 — 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. Exhibit H has been amended to reflect all TIRZ #2 Project Updates and includes estimates and details regarding the Packery Channel revetment reimbursement project and the traffic improvements on Windward at Saint Augustine Drive. Additionally, an estimated $50,000 will be budgeted for the market and feasibility study for the renewal of the TIRZ #2 beyond 2022. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 3 if approved. Project #11 (Packery Channel Pavilion in Exhibit H is being increased by $23,000 for a total budget of $273,000. Project #14 (Periodic Survey of Channel Conditions and Shoreline) is being corrected to reflect $286,000. A new project is being proposed- Project #18 (Contingency Fund) to provide a contingency fund of $100,000 in support of all projects. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and jetty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve pending the availability of funds. Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, Packery Channel Project Plan Amendment Page 4 of 8 including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. One improvement to the TIRZ #2 is the construction of two bridges on Park Road 22 between Commodores and Whitecap. The bridges will require up to $'1,000,000 $6,884,815.66 of TIRZ #2 funding and will allow for travel over canals that are to be built by a third party developers in the area. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Packery Channel Project Plan Amendment Page 5 of 8 Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Packery Channel Project Plan Amendment Page 6 of 8 Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has four tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 8 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Packery Channel Project Plan Amendment Page 8 of 8 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 10/22/2013; last updated August 21, 2018) Exhibit G "Six Pack" engineering drawings Exhibit H Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi Exhibit I Fiscal Year 2020 Reinvestment Zone #2 Budget Packery Channel Project Plan Amendment Exhibit A 025215 ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS"; APPROVING TILE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270 (the "Creation Ordinance"), approving the creation of a tax increment reinvestment zone in the City known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"); and WHEREAS, in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two, the City prepared a preliminary reinvestment zone financing plan, and presented the preliminary reinvestment zone financing plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code (the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of TIRZ Two, which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit "A" (the "Plan"); and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and act on behalf of the City in the perfomiance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to $3,000,000 in Tax Increment Contract Revenue Bonds, Series 2003 (the "Bonds"), for the purpose of funding a portion of the "project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri -Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two, including, but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri -Party Agreement; and WHEREAS, the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan, as required by the Act, to approve the Tri -Party Agreement, and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION ; That the facts and recitations contained in the preamble of this Ordinance are hereby F found and declared to be true and correct. SECTION 2- That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit "A", as required by Section 311.011 of the Act. SECTION 3: That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 SECTION 4; That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit 'B", and all documents attached to the Resolution including, without limitation, the Tri -Party Agreement. The Mayor and the City Secretary are hereby authorized to execute, attest, seal and deliver the Tri -Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed $3,000,000 for the purposes described in the Resolution is hereby approved. SECTION 5; That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY, 2003. City Secretary APPROVED AS TO FORM: Ac1/d-7 tin Cit�Attom Mayor, City of Corpus Christi, Texas 3 (SEAL) THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 25th day of February, 2003. (SEAL) City Secretary, City of Corpus Christi, Texas 4 CorpusChristi, Texas p7 `) 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, Samuel L. Neal, Jr., Mayor City of Corpus Chris Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott 04L abAQ20- 061034-a,t.tk. Flo Reinvestment Zone Number Two City of Corpus Christi,Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Reinvestment Zone Number Two, City of Corpus Christi, Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act"), the Board of Directors (the "Zone Board") of Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone"), has prepared this Project Plan and Reinvestment Zone Financing Plan (the "Plan"). The City Council ofthe City of Corpus Christi, Texas (the "City") and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non -project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the "Project"). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A, entitled "Forecast of Potential TIF Revenue Flows on North Padre Island", prepared by Economics Research Associates ("ERA "), which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. North Padre Island Storni Damage Reduction and Environmental Restoration Project The Project is a project of the U.S. Army Corps of Engineers (the "Corps") to dredge and channelize a reopened waterway ("Packery Channel") between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total 830,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation (the "Issuer"), a not-for- profit local government corporation. It was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States ("Congress") to cany out a project for ecosystem restoration and storm damage reduction at North Padre Island. The Project will extend the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement (EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach, and an enlarged beach would reduce potential future storm damage. A Project Study Plan, prepared by the Corps in 1999, examined three alternative sites, including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel, main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat, continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulf Intracoastal Waterway, dredged to a required depth of 7 feet and bottom width of 80 feet, installation of a 30 inch HDDPE pipe for a sand bypass system, beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134-foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12-foot deep authorized depth (requiring an initial dredge depth to -14 feet) and dredging the existing channel to a depth of -7 feet (mean sea level) and a width of 80-feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet (3.5 miles). Approximately 801,200 cubic yards (cy) of material will be dredged during construction, most of which (646,000 cy) will be placed on the beach south of the proposed jetties placement area (PA-4S) for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties. Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department oldie Army and the City (the "Project Contract"). The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately $19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25, 2003, Congress has appropriated $4.0 million for Project construction, but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed, the City will incur costs of maintenance dredging of Packery Channel, as described above. It is anticipated that upon completion of the initial Project, the estimated maintenance dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $3 50,000. The costs of the maintenance dredging are intended to be paid by the Zone, either from tax inert collections, proceeds from bonds, a combination of those two sources, or other moneys made available to the City or the Zone for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways; restrooms; and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project, the maintenance dredging of the Packery Channel, and the public improvements associated with the proposed secondary development are found to be "Project Costs" as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Contract by both parties by Spring 2003. Under the Project Contract, the Corps, subject to receiving funds appropriated by Congress and using the 2 funds expected to be provided by the City through the Issuer, would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs, then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands, easements, rights-of-way, and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of construction within 45 days of notice from the Corps. For each subsequent year, the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate, maintain, repair, replace, and rehabilitate the entire Project at no cost to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Plan, but there is no assurance that a maintenance reserve will be funded, nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone, a 1,947.01 -acre parcel located entirely within the City and the County. The Zone became effective on November 14, 2000, and will terminate on December 31, 2022, or at an earlier time designated by subsequent ordinance of the City, or at such earlier time that all Zone Project Costs, tax increment bonds, and the interest on all tax increment bonds, have been paid in full (the duration of the Zone). The Zone is located on Padre Island, and intersected by State Highway 361 and Park Road 22 leading from the John F. Kennedy Causeway. A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act, the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder (but not less than 10) appointed by the City. Name Position Appointed By Samuel L. Neal President City of Corpus Christi Vice President Nueces County Javier D. Colmenero Member City of Corpus Christi Brent Chesney Member City of Corpus Christi Rex Kinnison Member City of Corpus Christi John Longoria Member City of Corpus Christi Jesse Noyola Member City of Corpus Christi Mark Scott Member City of Corpus Christi Gabriel Rivas Member Del Mar College Cal Jennings Member Nueces County Hospital District Richard Pittman Member Flour Bluff Independent School District John LaRue Member Port of Corpus Christi Authority 3 Existing Land Use Existing land -uses within the Zone consist of light commercial development, mixed residential development, vacant unimproved land, and non -developable land, including waterways, roadways and parks. The City has estimated the following current usage within the Zone: Use Acrres Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right -of -Way 158.2465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6.0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total 1,947.0138 Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. There are generally roads and streets throughout the Zone, though individual tracts may require additional street construction, sewer collection lines, or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional costs for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property. Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses, and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds (hereinafter defined) required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds (hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken in the Zone, shown by kind, number and location, and the Project costs of the Zone, including, without limitation, the costs of the initial dredging of Packery Channel, the maintenance dredging costs, secondary Project costs, administrative rative costs of the Zone, and other non -project costs (such as water supply improvements and roads that are not intended to be funded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred, are set forth in Exhibit D. The City currently estimates that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed $3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs, and the Series 2003 Bonds (hereinafter defined) are the first installment of Issuer bonds to be issued for that purpose. The City, the County, Del Mar College, a junior college district and political subdivision of the State of Texas (the "College") and Nueces County Hospital District, a hospital district and political subdivision of the State of Texas (the "Hospital District") each have agreed to deposit to the Tax Increment Fund established for the Zone (the "Tax Increment Fund") certain tax collections arising from their respective taxation of the increase, if any, in the appraised value of real property located in the Zone since November 14, 2000 (hereinafter defined as the (Dedicated Tax Increments"), through the earlier of December 31, 2022, or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements (the "Interlocal Agreements") with the County, the College, and the Hospital District which sets forth, among other things, the agreement of the City and County, College, or Hospital District, as applicable, to pay to the Issuer the Dedicated Tax Increments (the "Contract Tax Increments") The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other fimds on deposit with JPMorgan Chase Bank, Houston, Texas (the "Trustee") or which may be deposited with the Trustee in the future together with earnings and investments thereon (the "Pledged Revenues"). The City, the County, the College, and the Hospital District (each referred to individually herein as a "Participant" and collectively referred to as the "Participants") have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments, as described herein. Pursuant to the TIF Act, a taxing unit's tax increment for a year (a "Tax Increment") is the amount of property taxes levied by the unit for that year on the "captured" appraised value of real property taxable by the unit and located in a reinvestment zone. Tax Increments do not result from any increase in the appraised value of personal property (such as equipment or inventory) taxable by the unit and located in a reinvestment zone. The TIF Act defines captured appraised value ("Captured Appraised Value") as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit (the "Tax Increment Base") is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone, the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.0138 acres, approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows (a) the Tax Increment Base of the Zone, (b) the current (as of the date of this Plan) total appraised value of taxable real property in the Zone and (c) the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate Interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements") the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City, the County, and the Hospital District have agreed to deposit to the Tax Increment Fund 100% of their tax collections on Captured Appraised Value inthe 5 Zone for each tax year that the Zone remains in existence, commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 100% of the its Tax Increments for the first five years (2000-2004) of the Interlocal Agreement, 80% for the sixth year (2005), 60% for the seventh year (2006), 40% for the eighth year (2007), 20% for the ninth year (2008), and none thereafter. The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the "Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of that Participant. North Padre Island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors, whose members are appointed by the City Council. On December 17, 2002, the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003 (the "Series 2003 Bonds"), in connection with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging, it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the first issue of bonds (the "Tax Increment Contract Revenue Bonds") to be issued by the Issuer. The Tax Increment Contract Revenue Bonds, including the Series 2003 Bonds, are secured by the Issuer's pledge of payments to be received pursuant to a Tri -Party Agreement among the City, the Zone, and the Issuer (the "Tri -Party Agreement"). Under that agreement, the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding, which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds, substantial growth in the taxable values within the Zone must occur, and there is no guarantee that such growth will have been accomplished prior to the timing of funding the remaining phases of the development and caanpletion ofthe Project. Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed, there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners, and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone, or knowledge that any landowners intend to canstruct additional improvements. Without future development within the Zone, there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fund those Project costs is set forth in Exhibit D. The Tri -Party Agreement 6 The City, the Zone and the Issuer will enter into the Tri -Party Agreement. Pursuant to the Tri -Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri -Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so, they also will covenant and agree that they will not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy, assess and collect its ad valorem taxes in the Zone. The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer funding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri -Party Agreement and the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by the City, the County, the College, or the Hospital District that are payable from and segued by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, County, College, or Hospital District. It is anticipated that the interests of the Issuer in the Tri -Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri -Party Agreement may be amended with the mutual consent of the parties; however, any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potential TIF Revenue Flow on North Padre bland (Final Report) Dated: August 2002 ERA Project Number: 14663 Final Report Forecast of Potential TIF Revenue Flows on North Padre Island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 TABLE OF CONTENTS General Limiting Conditions iv Introduction 1 Approach 2 Participating Jurisdictions 3 Methodology 3 TIF REVENUE ANALYSIS 5 Summary 5 Real Estate Market Discussion 5 TIF Waterfront Properties 2002 6 Growth Rates 10 Padre Island 10 TIF Revenue Conclusions 11 List of Tables and Exhibits Table 1. Taxable Value of Land & improvement, 2 TIF District - 2000 2 Table 2. Tax Rates for Participating Jurisdictions 3 Table 3. Waterfront Properties by Location and Value within the TIF District 6 Table 4. Average Assessed Land Value by Location 7 Table 5. Average Condominium Assessed Value by Water frontage 8 Table 6. Condominium Properties in the TIF District 8 Table 7. Lake Padre Properties by Tax ID 9 Table 8. Other Non -Exempt Water Front Properties 9 Table 9. Exempt Properties 10 Table 10. Padre Island Growth Rates by Location — 1992-2002 10 Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 11 Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 11 Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 ($000s) 13 TIP Analysis for North Padre Island - Fetal Page ili GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of "Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TRA APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TIF district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20 -year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non -home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are $98,153,611 and for 2002 $107,588,794. Table 1. Taxable Value of Land & Improvement, TIF District - 2000 Category valve Land --Home Site $5,491,354 Land—Non-Home Site $23,947,556 Improvements — Home Site $42,200,590 Improvements —Non -Home Site $17,684,297 Sub -Total $89,323,797 Exemptions & Adjustments $3,453,194 Total Taxable Value $85,870,603 Source: Nueces County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher -density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70% of total improvements. Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr. College, is contributing 100% into the tax increment fund for the first 5 years, 80% for the sixth year, 60% for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2. Tax Rates for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi Farm to Market Rd. County Hospital Del Mar Jr. Collage Nueces County Port of Corpus Christi Flour Bluff ISD Fire District #2 0.644175 0.005238 0.228028 0.21988 0.350242 0.002117 1.526197 0.022200 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.21988 0.175904 0.350242 0.350242 0.644175 0.005238 0.228028 0.131928 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.087952 0.043976 0.350242 0.350242 0.644175 0.005238 0.228028 0 0.350242 TOTAL 2.998077 1.447563 1.40359 1.359611 1.31564 1.27166 1.227683 Note: Assuming tax rates do not change Mum: Nueces County Appraisal District, City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20 -year T1F model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period (through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. • First to Increase: Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non -water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGB was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non -waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2000 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the T1F revenue. The second scenario generates a total tax revenue of $55.9 million of which $31.3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modern appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby -boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of TIF Analysis for North Padre Island — Final Palle 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22 -foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000-$15,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water -accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 52,450,499 528,962,543 531,413,042 529,048,886 Across from the Beach 3.61 5281,352 53,902,799 54,184,151 53,533,871 Other -Lake Padre, Canal 10.93 51,459,001 511,600,220 513,059,221 511,503,641 Lake Padre 470.66 54,591,013 $938,742 55,529,755 55,517,325 Beach 53.20 52,577,105 54,355,083 56,932,188 $6,932,188 Exempt 202.86 50 50 $0 50 Other 222.24 52,517,234 51,669,836 54,187,070 54,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 551,429,223 $65,305,427 560,590,839 Source: Nueces County Appraisal District, Economics Research Associates TIF Analysis far Nath Padre Island — Final Page 6 Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land. The other non -classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location Type Acres Average Land Value ($!Acre) Waterfront Prenetties Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other - Lake Page, Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 222.24 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Note: Total average land value excludes exempt properties Source: Nueces County Appraisal District, Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location Table 5. Average Condominium Assessed Value by Water frontage Type Total Condo Units Average Condo Assessed Value Condos Beach Across from the Beach Other - Lake Padre, Canal 324 115 399 $96,305 $36,384 $32,730 Soura: Nueces County Appraisal District, Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Frontage Location Acreage Total Total Land Improvements Value Total Assessed Value Total Taxable Value El Constante Beachfront 3.05 Padre Island- Beachfront 4.78 Gulfstream La Casa Del Sol Lake Padre 0.70 Lakeshore Villas Lake Padre 1.26 Leeward Isles Lake Padre 2.58 Leeward Cove Lake Padre 0.61 Lorimar Place Canal - 2 0.43 blocks from beach Mystic Harbor Packery Channel Seahorse Across the street from Beach Nautilus Galleria Across the street from Beach Pirates Crossing & Lake Padre Seascape Villa Portofino Beachfront Mariners Cay Canal - 2 blocks from beach Padre Island - Across the Surfside street from Beach Padre Isle - Island Beachfront House Sand Dollar Canal $531,178 $5,317,124 8885,669 $13,272,754 $94,134 8889,071 8153,552 $1,586,544 8168,810 82,761,688 $75,632 $585,521 871,650 $303,335 $5,848,302 $5,581,554 $14,158,423 813,239,239 8983,205 $983,205 $1,740,096 $1,459,835 $2,930,498 $2,897,168 8661,153 8646,153 $374,985 $374,985 0.94 $122,904 81,185,002 81,307,906 $1,175,954 1.03 878,814 $1,189,358 $1,268,172 31,017,892 1.03 867,502 $1,219,289 $1,286,791 $1,051,791 0.53 8184,591 81,233,405 $1,417,996 $1,337,959 2.31 8483,538 85,372,008 $5,855,546 85,130,665 3.51 8539,544 $2,497,196 83,036,740 $2,261,740 1.55 $135,036 $1,494,152 $1,629,188 $1,464,188 3.31 $528,142 54,812,272 $5,340,414 $5,097,429 0.37 $48,184 8558,458 8606,642 $366,642 Number Avg. of Units Condo Value 69 884,758 130 8108,911 24 $40,967 24 872,504 87 833,684 16 $41,322 10 $37,499 32 840,872 26 $48,776 45 828,595 36 $39,389 53 8110,482 136 $22,329 44 $37,027 72 $74,172 34 817,842 Total 27.99 $4,168,880 $44,277,177 548,446,057 $44,086,398 838 557,812 Source: Nueces County Appraisal District, Economics Research Associates CRA Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of $4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0.51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other (Canal, Packery Channel, non -classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Total Total Acreage Assessed Taxable Value value Value Improvements 6180- 51,636,741 $820,671 52,457,412 52,444,982 20.85 6185- $1,136,341 50 51,136,341 $1,136,341 23.75 6175- $225,114 565,880 $290,994 5290,994 5.01 6125- 51,309,302 $52,191 $1,361,493 $1,361,493 286.05 6195- 5283,515 SO $283,515 $283,515 135 Total 54,59.1,013 $938,742 $5,529,755 $5,517,325 470.66 Source: Nueces County Appraisal District, Economics Research Associates Table 8. Other Non -Exempt Water Front Properties TAX ID Total Land Total Total Value Improvements Assessed Value Total Acreage Legal Description Taxable Value 3730- $152,759 5111,409 $264,168 5264,168 8.05 Island Fairway Estates 4793- $791,199 $276,447 51,067,646 51,067,646 6.75 Mariners Cay Lots 6170- $584,752 $0 $584,752 $584,752 7.58 PADRE ISLAND SEC B 6205- 5735,000 50 5735,000 5735,000 60 PADRE ISLAND SEC 18 1115- $174,019 $0 $174,019 $174,019 138.86 BRYAN WM SUR 606 LS 64, 129.964 ACS ICL 1717- 579,505 $1,281,980 51,361,485 51,229,343 1.00 Compass Townhomes - 13 units Total $2,517,234 $1,669,836 $4,187,070 $4,054,928 222.24 So^ urce: Nueces County Appraisal District, Economics Research Associates Table 9. Exempt Properties TAX ID Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Source: Nueces County Appraisal District, Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10 -year period. North Padre Island, in total, including waterfront and non -waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location —1992-2002 Year Padre Island Waterfront Lake Beach Other Non - (All Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.10% 5.99% 0.77% -3.96% 2.03% 10.19% CAGE. 1993-2002 10.14% 7.27% 5.45% -2.30% 2.39% 11.06% Source: Nueces County Appraisal District, Economics Research Associates TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 $1,300,406,021 $1,523,320,994 $675,226,929 Grand Total Tax Revenue $8,553,266 511,899,730 $15,964,864 $18,701,553 $8,289,646 Incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $8,589,122 819,282,891 $32,713,350 $38,894,559 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Table 12, Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue $8,711,564 $11,971,610 $13,171,464 $15,269,336 $6,768,283 Incremental TIF Revenue 82,496,408 $6,322,891 $7,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue $2,496,408 $8,819,299 $16,719,669 $26,717,912 $31,377,757 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates ERA The following exhibit shows the growth in the TIF revenue from both scenarios. Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 S3008 Opal $2100 -6-11roperk1 - 06490611r2 01000 0500 00 2001 21102 2002 200/2003 2006 2007 2000 20119 2010 2011 2 02 2012 2914 2015 2016 2017 2010 2010 2020 2021 21)22 TIF Analysis for North Padre island — Final Page 12 CRA The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 - 2001-2022 ($000s) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 51,557 $1,557 $314 $314 2003 $117,376 5118,803 $1,699 51,720 $456 $477 2004 $127,940 5131,379 $1,852 $1,902 $609 $659 2005 5139,455 $145,524 52,019 $2,107 $776 $864 2006 $152,006 $161,483 52,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 $1,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 $190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 5278,567 $227,443 53,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 52,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 5322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 $342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL 563,409 $55,892 S4,999,537 54,382,374 538,895 531,378 Source:, City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone Padre Island Tax Incremen Financing District (TI ♦ ..„%„" ,` _ 4•"41,•4i �/ i Iiiiuuun �� .•IIIA ,II��;rli% �iiiiiiif i� I ��y,•hr�,rir� :��iiiiiiilii: ,1'11 `Irk I :: 411N aµ11111111 : HIII1ifatl/111111 11114.44,1,120:5:z ti .44 pe11111tl %it t 111 �: 11111 ini aallaalaati 1411111111811 7- -1 ��I1111/111111/11 � L a� a nnn4lunu•, ► 4►*l 1'w,yp11puluP11 s •eJ� coy.i 1001 toad 301 Scale In Feet Copyright 19$9-2001 City of Corpus Christi Padr:j Balli Co f ty Park Texas Nuece ounty LEGEND 1111 T1F-Area (total acreage 1430.08) — — Corpus Christi City Limit Line — — — ` TIF Area Boundary Line HV I5MAROI City Of Corpus Christi, Planning Department Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT C Map: Proposed Improvements and Proposed Uses of Real Property In the Zone Padre Island Tax Increment Finance District Medium -Density Residential High Damply Residential 1 MWoik Hanle Veunl 1", Public Sem,Publk On�nege Condor ;$.;: Pro(eaelonal Office Wrurel 4n. 1 Comm.rc.i Park -� GEO Industrial Low•Deneity Rasiden 1 I Heavy Irdumlel Source: Department of Development Services Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT D Project Costs and Estimated Cash Flaws Reinvestment Zone Number Two City of Corpus Chriatf, Taxes Packery Channel Project Costs and Funding Land, easements, ROW Demolition Utility relocation Site preparation Reach 2 Mobilization & demobilization Dredging Reach 1 Mobilization & demobilization Dredging Overdepth Placement in placement areas Concrete bulkheads Anchored concrete bulkheads Containment sheetpilelcap Sand bypass pipe Bridge scour protection Jetty construction WaAcway curbing Concrete walkway Planning, engineering & design Construction management Maintenance dredging reserve(a) Mitigation costs Mollie Beattie monitoring Parking lot(b) Parks & recreation center(b) Financing, contingency reserves & rounding Funding Sources Corps of Engineers Series 2003 Bonds Series 2004 Bonds Series 2005 Bonds UtINty and Land Credit General Land Office Grant Surplus Tax Increments or Bonds(b) (a) (b) Total Zone Two Corps of Engineers $236,200 20,834 104,073 74,219 486,881 602,939 1,348,383 2,912,120 425,236 483,774 1,382,386 2,369,894 0 0 321,421 743,041 9,738,800 0 1,502309 2,737,680 1,817,640 1,400,000 1,250,000 541,000 750,000 2,000,000 1,410,683 *82,670 7,292 38,428 25,977 0 170,408 211,029 0 471,934 1,019,242 148,833 169,321 483,835 829,463 0 0 112,497 260,064 3,408,580 0 525,808 958,188 638,174 1,400,000 437,500 189,350 750,000 2,000,000 1,410,683 5153,530 13,542 67,647 48,242 0 316,473 391,910 0 878,449 1,892,878 278,403 314,453 898,551 1,540,431 0 0 208,924 482,977 6,330,220 0 976,501 1,779,492 1,181,466 0 812,500 351,650 0 0 $34,659,513 $15,745,274 *18,914,240 2,500,000 4,300.000 4,330,000 340,273 1,275,000 3,000,000 $2,500,000 4,300,000 4,330,000 340,273 1,275,000 3,000,000 $18,914,240 *18,914,240 *34,659,513 *15,745,273 Manlntenance dredging reserve eilher to be financed from the proceeds of Series 2005 Bonds or as funds become available from surplus tax increments, or a combination thereof. Parks & recreation center and partdng lot to be financed as funding becomes available from surplus tax increments or bonds, or a combination thereof *18,914,240 10 i m EA" U ERA ggl ggq I . rota i Ily NO4 1 1 1 tz 1/ � R 8 Y Ei F_ B A R_pp E UMpp1 §§ pgg8 Rpp kpp gpg, 8§ §8 §8 g g § 5k �O § LL]�[NV N §§§§ § § § §,§ § 4 r r N Nm7vi 0) 0)0)0)0)01 mmm0) N ON00N r0000?,.5, 02S0.0500L5 H_E_K 4-l440((0I1 0101( nnaonnt�+�n�jnr-�((my7 {pop N[� REZEdGaa3r NQ Q 4')n1§ii 1SS880531 00 §�00 § aCnnnnnnm pp et Ny-�(CNpp 0)0) m m m mm VIA) 040 W`rn11� n N N N N N N r r r r 4- r ....... N N N N F§§8§§§§§§§§8$§§0§§00§ m v0)to oAomti m v ofao �nn'n')mE1 'r)n00000§§§§§0 Nn NNO) m ER5W1 8000§0000 r r N N m m m m m m m m m m m N n 4r N0)' u) 0)n(0a) RRI N C')(V CYAA (V N N EMNO 111 Y -3. igIc W � J a W 18o Y Ziff 0 4 � ozti CY 32 Ea 0.0 O p N F I YI lif pp7 ifs R F A I O g i i” O N li i C4 Nq�q aD CO COWN T� pI N 4- P. A o o O O O O 0 O 0 O O O O O O O O O W �} ti fE70 ROJ gC4 N v 0 o o M$ O R S g 0 g M a n g g ri o m N oop N N W IH o m o 1z N m WT w R W Y YNI��CO me0N104•W NrI`rEV.. a+ r r r r ROOOO N7 !OR r10 W 000 0 8 O O 0 W A W 4@ R P] W IG N o S Id N N N N r W r r r N N N r N 0 000aaoao oO��e,��lo����lalolo O "§4k0— .I4p USom MQ W 0a�1Op$O N I`/ IV 01 01 01 1 01 N N N N N N N N N N N 01 N N 8 8 0 0 0 0 O 0 0 0 0 0 0 0 0 0 N N N N N N 04 04 N N N N N N N N N {V N N N 3 8 co 8 e Exhibit B MDN 2/20/03 Padre Island Tax Increment Finance District 7,m ririal 5111, : - VII I nrca:,a �a•�iaie5S7 lnmmml- annmml : uiMUM : = Vpannmm�► llllllllllllll :x:■11►U ,...•� .111111 1 1 1 1 1 1 1 1 1 1 1► 11111111111111111111►1►4 Source: Department of Development Services CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\tirz2.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,500 3,000 ■ 6,000 Feet Exhibit C CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Current Land Use /// WHIT / Legend / QTIRZ#2 > r'I Drainage Corridor Professional Office Current Land Use 1; oI Park Commercial / r/) Vacant Low Density Residential P.A Public -Semi Public; PSP Water %//, Medium Density Residential _ Light Industrial Natural Area High Density Residential _ Heavy Industrial / tits Wetland Mobile Home / / Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,450 2,900 5,800 Feet Exhibit D CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Zoning F -R SCO F-R/IO B=2A/I O'/S P/9/7-09 R-2 py • ryyrr.::. R-1 B/PUD=2'°'%Y,�•arLi/ 000• ,4;;;bpi::.„ .; I��d{lt linnl + ,� �i��rrrrii�y 74. Ipn1111 ',.,1 ,,,,,�'ri�,,ii'IOp a:��� �� a„r,,, __ 1 „'4 � � ��I uuio�iiniii l�� lllllllll 421W„1ollmli• lllll (IIITfI 15�f�' nnnnnnnl.�.'G�..: f7TTTl I III 111111111111111111 11111111111 11111111111111111 = e MI1111111111 __ Iulllllllllll oIlulllll =: ..amnnnN r Ar i /R-1., 4 ,moi B/I.O AT/IO f A-1/le ,,'�P. ,Aimo4 440,7 B-2/,10 / B{2A/IO4 R_1BLP�UD-1�/IO B(2/10`.�� 111!:N11111SIIIII , =__. illll!;illlllll�� B/1O R-1 B/SP/01-11 AT/SP/01-11 Aj Legend TIRZ #2 Zoning Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,350 2,700 5,400 Feet Exhibit E CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Future Land Use WHIT / 0 Legend TIRZ #2 Future Land Use Conservation/Preservation Water Natural Area Wetland Vacant AR PeS1 Drainage Corridor Park Estate Residential Low Density Residential Medium Density Residential High Density Residential Mobile Home Professional Office Commercial Research/Business Park Tourism 177) Public -Semi Public ▪ Light Industrial ▪ Heavy Industrial Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 0 1,375 2,750 5,500 Feet 11111 PHASE 1 - SEAWALL PARKING LOT RESTROOMS 11111 PHASE 2 - PACKERY CHANNEL PARKING & OVERLOOKS (NORTH & SOUTH SIDES) PHASE 3 - PACKERY CHANNEL RESTROOMS (NORTH & SOUTH SIDES) PHASE 4 - ADA RAMPS TO JETTIES (NORTH & SOUTH SIDES) PHASE 5 - PACKERY CHANNEL PAVILION (NORTHSIDE) PHASE 6 - ADMINISTRATION & MAINTENANCE BUILDING PHASE 7 - ADA PARKING LOT IMPROVEMENTS AT JETTIE RAMPS PACKERY CHANNEL SIX PACK PROJECT LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/08/2013 Exhibit F Exhibit F Windward @ St. Augustine Crosswalk GLO LEASE TRACT 1 — TT y MIN. FUTURE 28 PARKING SPACES (BY OTHERS) r Exhibit G GLO LEASE TRACT 4 -fir SCALE : 1- = 400' GULF OF MEXICO toxo' OM. P110=11011 M[ -r - I- 7 -TZ 1 Tr T TTI IST 1 T JAN. 7, 2002 GLO LEASE TRACT 5 THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN : NORTH AND SOUTH ACCESS TO PACKERY CRY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 1 of 6 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT THIS DOCUMENT 1S RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT 15 NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN - REACH 1 CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT 1• rt r rPROPOSEDI ERSEN S ECTION IMPROV 59 PROPOSED ROAD AND INTERSECTION IMPROVEMENTS 2? •' -r_ Ws't..-a i ZrSkTI .V.fr.' r„ z7 -}00K- iTa : u,>1. otas.,fil'a MN INF LETT :H\ 22 4`4)' 91 tx } l� Isle"\ z�Z c O 3 I m 0 Z : O1' e\e‘ e\e'l v> — — OC w e\el PROPOSED ROAD GLO LEASE TRACT 2 Exhibit G / Cr/ SCALE : 1" = 100' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. DEC. 13, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 3 of 6 GLO LEASE TRACT 2 PMIN' :P---14n AC PROPOSED-1 RO KING SP POSES ES pep4►►► 1111 / n►►mmp11 £ 10b211 3SV31 010 SCALE : 1" = 100' 140 70+00 T ? 83.54 STA. 112+95 65 TA.17 d6 750 x(0 R x x LA 1801-00 4 1850 THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. DEC. 13, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CITY OF CORPUS CHRISTI CITY PROJECT ENGINEERING SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 4 of 6 p.l. i� e1e" X eleV / X 4.5 pROPOSED / IMpRpVEMEN7S Exhibit G EXISTING ROAD / ),P 4.1 • cLis, / AMP / / gl4 5/ X 7.7 CONC. WALK RAMP crt / / 3.0 J / STAIRS X 4.2 0 0 X 4.3 X 4.2 A 1 VENDOR KIOSK AREAS GLO LEASE TRACT 2 0 LJ 0 LLJ 0 GLO LEASE TRACT 3 Coo GEgSF Tj�yCT 3 1 I 0 0 1 o 2 o ^� 1 N I 0 0 0 0 N L 11 1 SCALE : 1" = 100' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM RENEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NOV. 7, 2001 STA. 196+00 STA. 197+83 O 4i END OF PROJECT / / r NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 5 of 6 Q M Q 210 r°- T 1 r Tgua , o 1 r T 120 r T 1 r T 1 r I I I I I¢ 1 1 1 I I I I I I I I L19_ 1 J L 11 J L 1 J10 L 1 J L 1 J L I I I I I 1 1 1 1 1 1 NORTH SIDE WETLANDS AREA 1 1 I ---1 1 __L�—t——F—_1--L▪ —�-- i�av>�--I-▪ -� _:2'. _L_ 1i4.97Romi� NORTH SIDE H L20 0 0 10 T 1 0 0co 1 Zit 0 OVERLOOK EL= 6.55 PROP. FILL r I L O 0 t0 T 1 0 0 1 J 0 0 r I L 0 0 1 1 0 0 J-20 0 0 r 1 L 0 0 O T 1 0 0 0' J 0 0 W EXISTING GF 0UND J I 1- IT I I L 1 0 0 + O 0 0 1 J 0 0 h MINOR �U r L 0 0 a T EL=6.155' HE_ --+- --1 HEAD I I ---IT----1 PR+. BULKHEAD) o o o o �+1 N L 0 0 + SEE DETAIL BELOW 270' O EXIST. GROUND rPROP. FILLT SOUTH SIDE 1 20 WALL=14.75 EL=10.25' LJ L 1 __J 10 BULKHEAD �r� ITI- 10 J PROP. CHANNEL 1 J-20 164+00 130' 140' 33' OUTFALL STRUCTURE 3 0 1 N - 10 EXIST. GROUND • 64' 25' PARKING AREA INLET SIDEWALK T at<61immemmumisamemsft-Q& 1 // , MINOR BULKHEAD WATER EXCHANGE PIPE r - 20 rt —14.25 — EL=5.25' 7 BULKHEAD EXISTING GROUND EL =-1.75' PROP. CHANNEL 0 W U a_ 0 EL = -14.75' 0 N) Exhibit G NORTH SIDE HORZ. SCALE : 1'' = 10' VERT. SCALE : 1'' = 5' THIS DOCUMENT IS RELEASE FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF ANGEL R. ESCOBAR, P.E. 41205 ON NOVEMBER 7, 2001 THIS DOCUMENT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. NOV. 7, 2001 164+00 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS—SECTION NORTH PARKING LOT NEXT TO BULKHEAD CITY OF CORPUS CHRISTI ENGINEERING SERVICES DEPARTMENT CITY PROJECT NO. 5122 ATTACHMENT No.2 Sheet 6 of 6 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches andMarch repairs to shoreline structures. $2,869,224 Completed 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. Per ISAC, additional funds needed to replace signs following Hurricane Harvey. $64,500 Completed December 2012 7a Packery Channel Aids to Navigation / Signage - Hurricane Harvey Repairs Per ISAC, additional funds needed to replace signs completed in Project 7 following Hurricane Harvey. Revised 2/20/18 $65,000 $7,166 Completed April 2019 page 1 of 3 11/8/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn-around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2-inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100,000 total. Revised 2/13/2018 $412,000 $402,000 Solar Powered Units: Complete. Showers: Partial Water line installed Spring '18. Waiting on BCC permit. 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. For Mobi-Mats per ISAC recommendation. Revised 2/20/18 $35,000 $8,979 Complete 10 Packery Channel Dredging and Beach Nourishment - 2012 The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 10a Packery Channel Dredging and Beach Nourishment - 2020 The project consisted of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline. Dredging schedule to be determined by results of annual study of channel. $350,000 $37,345 In permitting process. Waiting to hear from USACE. page 2 of 3 11/8/2019 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR APPROVAL NOVEMBER 12, 2019 (in red) PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. ISAC recommends Pavillion staged at the boat ramp parking lot as well as pavillion like structure on north and south side of the jetty. $273,000 Estimated completion: Fall 2019. At 90% Design 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. $286,000 $1,847,312 (Lifetime Expenses to Date) 2018 monitoring complete. 2019 Contract Executed 3/29/19. 15 Packery Channel Revetment Repair Storm surge, strong currents, and waves from Hurricane Harvey caused damage to the slope protection and adjacent appurtenances along the banks of Packery Channel between the SH 361 bridge and the Gulf of Mexico. Repair concepts will be developed for two alternatives; one to return the project to its approximate pre -storm conditions, and another to upgrade the project to an improved condition that is more resilient to future storm impacts. The City will procure a design consultant through the RFQ process, and the selected firm will prepare the construction plans. Post design, construction will be procured. Added 2/13/18 $600,000 for design $4,000,000 for construction as stated in FY 2020 Budget $417,027 60% submittal under review. 16 Park Road 22 Bridge On February 21, 2017, the TIRZ #2 board met and approved the amendment of using funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. In April 2017, the City Council approved the appropriation of $4M in TIRZ #2 funding for the contruction of PR 22 Bridge. A Developer Agreement for PR22 Bridge was approved by City Council on April 23, 2019. After re -bidding the construction contract in October 2019, the lowest bid was $13,943,536 and the budget shortfall totals $2,884,815.66. $4,000,000 11/12/2019 Add'I $2,884,815.66 $0.00 Waiting for developer on canals. 17 Beach Crosswalk at St. Augustine & Windward Dr. Per request of the Island Strategic Action Committee: Traffic improvement on Windward Drive at Saint Augustine Drive, for pedestrian crossing on Windward Drive to facilitate access to and from Michael J. Ellis Beach. Scope of work includes: crosswalk, access ramps, traffic signs, and pavement markings. Estimated costs are $23,000 for the crossing and associated traffic improvements; $9,000 for solar powered flashing LED crossing signs. $32,000 $20,331.00 Completed February 2019. 18 Feasibility Study Per Texas Tax Code Sec. 311.011. Project and Financing Plans. (c) Reinvestment zone financing plans must include (3) a finding that the plan is economically feasible and an economic feasibility study. $50,000 $50,000 Complete 19 Contingency for all Projects Project contingency fund for all projects. $100,000 page 3 of 3 11/8/2019 Exhibit I Reinvestment Zone No. 2 (TIF) Fund - Padre Island 1111 Revenue Detail by Account Account Number Account Description Actual Original Amended Estimated Adopted Revenues Budget Budget Revenues Budget 2017 - 2018 2018 - 2019 2018 - 2019 2018 - 2019 2019 - 2020 Reserved for Encumbrances Reserved for Commitments Unreserved Beginning Balance $ 990,000 8,260,716 $ 1,070,000 $ 10,905,490 14,147,175 $ 9,250,716 $ 11,975,490 $ 14,147,175 Property Taxes 300020 RIVZ Current Taxes -City $ 2,281,607 $ 2,412,597 $ 2,412,597 $ 2,453,000 $ 2,713,707 300050 RIVZ Current Taxes -County 1,151,264 1,171,473 1,171,473 1,175,000 1,298,306 300060 RIVZ Current Taxes -Hospital District 454,462 488,618 488,618 459,000 494,113 300110 RIVZ Delinquent Taxes -City 21,193 18,998 18,998 11,000 19,511 300130 RIVZ Delinquent Taxes -Del Mar 1 - 10 - 300140 RIVZ Delinquent Taxes -County 10,163 10,500 10,500 6,000 21,180 300150 RIVZ Delinquent Taxes -Hospital District 4,130 4,600 4,600 3,000 4,800 300210 RIVZ Penalties & Interest - City 16,714 25,000 25,000 14,000 25,700 300230 RIVZ Penalties & Interest - Del Mar 2 - 12 - 300240 RIVZ Penalties & Interest - County 8,329 12,001 12,001 7,500 12,500 300250 RIVZ Penalties & Interest - Hospital District 3,307 7,201 7,201 3,200 7,400 Property Taxes Total $ 3,951,171 $ 4,150,988 $ 4,150,988 $ 4,131,722 $ 4,597,217 Interest and Investments 340900 Interest on Investments $ 170,426 $ 130,000 $ 130,000 $ 210,892 $ 250,000 340995 Net Inc/Dec in FV of Investments 110 Interest and Investments Total $ 170,536 $ 130,000 $ 130,000 $ 210,892 $ 250,000 Interfund Charges 352000 Transfer from Other Fund $ 757 $ - $ - $ - $ Interfunds Charges Total $ 757 $ - $ - $ - $ Revenue Total: $ 4,122,464 $ 4,280,988 $ 4,280,988 $ 4,342,614 $ 4,847,217 Total Funds Available: $ 13,373,180 $ 16,318,104 $ 18,994,392 Note: Reinvestment Zone #2, commonly referred to as Packery Channel was created pursuant to the Tax Increment Financing Act to facilitate development of the land within the boundaries of the tax increment zone. The Zone became effective on November 14, 2000. The funding source is post -2000 incremental property taxes from taxing units with property within the boundaries of the zone. Exhibit I Reinvestment Zone No. 2 (TIF) Fund - Padre Island 1111 Expenditure Detail by Organization Org. Number Organization Name Actual Original Amended Estimated Expenses Budget Budget Expenses 2017 - 2018 2018 - 2019 2018 - 2019 2018 - 2019 Adopted Budget 2019 - 2020 11305 Administration 55000 Principal Retired 55010 Interest 55040 Paying Agent Fees 60000 Operating Transfer Out (CIP) 60010 Transfer to General Fund Reinvestment Zone No. 2 Total: Reserved for Encumbrances Reserved for Commitments Unreserved Closing Balance 1,070,000 309,150 5,694 12,846 $ 650,000 $ 650,000 1,240,000 1,240,000 261,000 261,000 6,000 6,000 13,929 13,929 $ 650,000 1,240,000 261,000 6,000 $ 4,000 1,400,000 205,200 6,000 9,050,000 13,929 63,344 $ 1,397,690 $ 2,170,929 $ 2,170,929 $ 1,070,000 10,905,490 $ 2,170,929 $ 10,728,544 $ - $ 14,147,175 8,265,848 $ 11,975,490 $ 14,147,175 $ 8,265,848 Bond Reserve Park Road 22 Reserve Revetment Reserve Maintenance Reserve 1,500,000 4,000,000 0 500,000 6,000,000 Reinvestment Zone No. 2 Project List for 2020 Packery Channel Dredging Design Packery Channel Dredging Construction IPackery Channel Revetment Continengy for all Projects For FY 2020 CIP Projects 350,000 4,000,000 4,600,000 100,000 9,050,000 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 19, 2019 Second Reading Ordinance for the City Council Meeting of December 10, 2019 DATE: November 11, 2019 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 Ordinance Appropriating $2,884,815.66 from TIRZ #2 Fund and Amending the Budget in the amount of $6,884,815.66 CAPTION: Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. SUMMARY: The purpose of this item is to appropriate additional funds in the amount of $2,884,815.66 for the Park Road 22 Bridge project; to amend the Fiscal Year (FY) 2020 operating and capital budgets by $2,884,815.66. This brings the total Tax Increment Reinvestment Zone (TIRZ) #2 contribution towards the construction of the Park Road 22 Bridge to $6,884,815.66. This action transfers funds in the amount of $6,884,815.66 from the Reinvestment Zone No., 2 Fund 1111 to the Capital Improvement Program (CIP) Fund for this project and is required in order to move forward with the construction of Park Road 22 Bridge per the City's agreement with a developer to build a third - party canal project in the vicinity of the bridge. The City's funds must be certified before the developer will begin construction of the canal, which is anticipated to take approximately 90 days to complete. BACKGROUND AND FINDINGS: On February 21, 2017, the TIRZ #2 Board met and approved an amendment to the Project & Financing Plan to use funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. On April 23, 2019, the TIRZ #2 Board, the North Padre Island Development Corporation (NPIDC), and City Council approved the appropriation of $4,000,000 of TIRZ #2 funds for the construction of Park Road 22 Bridge. Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location of the Park Road 22 Bridge. DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. A developer agreement for Park Road 22 Bridge was approved by City Council on April 23, 2019. The agreement lays out the requirements for the proposed bridge and canal project, which requires the City to certify the availability of $11,696,319.50 for the bridge and to award the construction contract for the bridge project after the canal is substantially completed. $11,696,319.50 was the amount of the low bid when this project was previously bid by the City. The construction contract related to that bid was never awarded. The construction contract will be brought back to City Council for approval once the canal is substantially completed. On October 30, 2019 the project was re -bid, and the lowest bid was $13,943,536. The estimated budget shortfall is $2,884,815.66. The TIRZ #2 Board approved a Project Plan Amendment on November 12, 2019 and recommended City Council approval to increase the budget for the Park Road 22 Bridge by $2,884,815.66, bringing the total TIRZ #2 contribution to the project to $6,884,815.66 or approximately 50% of the total $14M construction cost. Below is timeline regarding Park Road 22 Bridge certification of additional funding. November 12, 2019 TIRZ #2 Board Meeting 1. Resolution amending the TIRZ #2 Project & Financing Plan and recommending City Council approval. Complete November 19, 2019 City Council 1. First Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. First Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 City Council 1. Second Reading Ordinance Amending the TIRZ #2 Project & Financing Plan 2. Second Reading Ordinance Appropriating $6,884,815.66 and amending the FY 2020 Operating & Capital Budget December 10, 2019 North Padre Island Development Corporation (NPIDC) 1. Motion approving the expenditure of up to $6,884,815.66 for construction of Park Road 22 Bridge. ALTERNATIVES: An alternative to approving this appropriation and budget amendment is to terminate the Developer Agreement or incur additional debt specific for this use. However, this use is not consistent with the purpose of the TIRZ #2 Project and Financing Plan and is also not consistent with the Developer Agreement approved by City Council in April 2019. FISCAL IMPACT: The additional $2,884,815.66 will come from the uncommitted fund balance in Reinvestment Zone No. 2 Fund 1111. Committing these funds will deplete the FY 2020 uncommitted fund balance in Fund 1111. Financial Detail: Fund: 1111- Reinvestment Zone Two (Island) Organization/Activity: Mission Element: 717 Project # (CIP Only): None Account: Fund Balance (uncommitted) RECOMMENDATION: City staff recommends approval of this appropriation and amendment. This use is consistent with the purpose of the TIRZ #2 Project and Financing Plan and is also consistent with the Developer Agreement approved by City Council in April 2019. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. WHEREAS, the City desires to move forward with the construction of a bridge project on Park Road 22 (the "Bridge Project"); WHEREAS, the City has previously committed $11,696,319.50 to the Bridge Project, which includes $4,000,000 in TIRZ #2 funding; WHEREAS, the lowest bid for the Bridge Project came in at $13,943,536, which, along with additional costs associated with the Bridge Project, necessitates the appropriation of additional funding; and WHEREAS, the agreement between the City and the developers of a third -party canal project in the vicinity of the Bridge Project requires that the City appropriate the funds and provide a certificate of available funds to the developers before construction of the canal will begin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $2,884,815.66 are appropriated from the TIRZ #2 fund 1111 for use on the Bridge Project. SECTION 2. That funds in the amount of $6,884,815.66 are transferred from the TIRZ #2 fund 1111 to the CIP fund 3278 for the Bridge Project. SECTION 3. The FY2019-20 Operating Budget and Capital Budget adopted by Ordinance No. 031870 are amended to increase expenditures by $2,884,815.66. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez Page 1 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2019. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2