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Agenda Packet City Council - 10/19/2021
o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, October 19,2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Pastor Greg Hood, REACH Ministries. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Michelle Shin, Veteran's Memorial High School student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 21-1456 Presentation of Flag to the Family of Richard Martinez on behalf of Governor Abbott. Proclamation declaring October 15, 2021 - November 15, 2021 as "Hindu Heritage Celebration Month". Proclamation declaring September 2021 as "Suicide Prevention Month". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 10/18/2021 City Council Meeting Agenda-Final-revised October 19, 2021 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 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. 42nd Fire Fighter Academy Graduation Recap b. Announcement of new Public Works Director, Rolando Mata C. JFK Causeway Maintenance Project Update, Presented by TXDOT d. Connections to Assistance Event at Salinas Park, Presented by Tracey Cantu, Interim Director of Neighborhood Services e. COVID-19 Virtual Town Hall Reminder f. Seawater Desalination Update by Michael Murphy, Chief Operations Officer H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 13) 2. 21-1457 Approval of the October 12, 2021 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 3. 21-1325 Ordinance accepting a grant in the amount of$59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. City of Corpus Christi Page 2 Printed on 10/18/2021 City Council Meeting Agenda-Final-revised October 19, 2021 Sponsors: Police Department 4. 21-1277 Zoning Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 5. 21-1278 Zoning Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 6. 21-0997 Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance rezoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) Sponsors: Development Services 7. 21-1395 Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance waivers, and providing for existing penalties. Sponsors: Finance &Procurement Consent-Public Safety First Reading Ordinances 8. 21-1323 Ordinance authorizing the acceptance of a $15,000 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center operations; and appropriating $15,000 into the Fire Grants Fund. Sponsors: Fire Department Consent- Contracts and Procurement 9. 21-1302 Motion authorizing a three-year supply agreement with two one-year renewal options with Ergon Asphalt & Emulsions, Inc., of Austin, Texas, for emulsion oil in an amount not to exceed $1,252,485.00, and potential $2,080,275.00 if options are exercised, with FY 2022 funding in an amount not to exceed $417,495.00 available through the Streets Fund. Sponsors: Public Works/Street Department and Finance &Procurement 10. 21-1329 Motion authorizing a three-year service agreement with two additional one-year options in an amount not to exceed $137,640.00 for the initial three-year term and a potential amount not to exceed $232,120.00 if both City of Corpus Christi Page 3 Printed on 10/18/2021 City Council Meeting Agenda-Final-revised October 19, 2021 option years are exercised, for mowing and grounds maintenance for Group Storm Water Group 2 (Rights of way, triangles, circles, interchange, and medians in 24 areas), with Maldonado Nursery & Landscaping Inc. of San Antonio, Texas with an office in Corpus Christi, Texas for the Public Works Department, with FY 2022 funding in an amount not to exceed $45,880.00 available through the Storm Water Fund. sponsors: Public Works/Street Department and Finance &Procurement 11. 21-1379 Motion authorizing the approval of an additional services request with Pape-Dawson Engineers, Inc., San Antonio, Texas, for a comprehensive storm water master plan in a total amount of$1,192,000.00 with FY 2022 funding available from the Development Services Fund. sponsors: Development Services Consent- Capital Projects 12. 21-0907 Motion authorizing the award of a professional services contract to LJA Engineering, Corpus Christi, Texas, to provide design, bid, and construction phase services for the Salinas Park Improvements project, located in Council District 3, in an amount of$69,625.00, with FY 2022 funding available from the Community Development Block Grant Fund. Sponsors: Engineering Services, Parks and Recreation Department and Finance & Procurement 13. 21-0998 Resolution rejecting the low bid of Clore Equipment, LLC as non-responsive for failure to demonstrate the required experience by not completing the Statement of Experience and awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, TX, for the reconstruction of Callicoatte Road from IH37 to Up-River Road, located in City Council District 1, with new concrete pavement and utility improvements in an amount of$1,927,197.50, with FY 2022 funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds. Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 14 - 16) 14. 21-1089 Zoning Case No. 0621-07, John C. Tamez (District 3). Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 15. 21-1382 Ordinance amending the Urban Transportation Plan map of Mobility CC, a City of Corpus Christi Page 4 Printed on 10/18/2021 City Council Meeting Agenda-Final-revised October 19, 2021 transportation element of the Comprehensive Plan of the City of Corpus Christi, by shifting a proposed C1 Minor Residential Collector to the east, thereby extending Martin Street toward the south approximately 1,100 feet and connecting Martin Street to Lands Road. sponsors: Planning & Environmental Services 16. 21-1381 Ordinance accepting and appropriating three Federal Emergency Management Agency - Public Assistance reimbursement grants in the amounts of up to $4,315,109.40 (sidewalk project), $9,214,870.50 (channel project) and $49,841.92 (stormwater project) for the Packery Channel Restoration to the Parks and Storm Water CIP Funds; and awarding a construction contract to Callan Marine, Ltd., in an amount of $12,359,049.30 for the Packery Channel Restoration Project, located in Council District 4, with FY2022 funding available from the Parks, TIF2, and Storm Water CIP Funds. Sponsors: Engineering Services, Parks and Recreation Department and Finance & Procurement M. INDIVIDUAL CONSIDERATION ITEMS: N. FIRST READING ORDINANCES: (ITEMS 17 -22) 17. 21-1391 Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for 2022-2026 Buc Day Festival and related activities to allow use of City property including Shoreline Blvd. between Water's Edge Park and Resaca as well as the barge dock and the circle driveway adjacent to the American Bank Center, with payment of fees not to exceed $50,550 in 2022, with an annual 3% revenue escalation. sponsors: Parks and Recreation Department 18. 21-1475 Ordinance authorizing an interlocal agreement with Nueces County ("County") for park improvements including a splash pad water feature at Westhaven Park located near the intersection of Cliff Maus Drive at Rockford Drive, with third party construction costs not to exceed $375,000.00, of which the County will pay $200,000.00 and the City will pay up to $175,000.00 for construction, with the City also responsible for the installation of water and wastewater lines needed for the project, estimated to be $75,000.00, and permitting for the project; appropriating $250,000.00 from the unreserved fund balance in the Community Enrichment Fund; and amending the operating budget. sponsors: Parks and Recreation Department 19. 21-1424 Ordinance approving the First Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $500,000.00 from the Corpus Christi B Corporation for the addition of lighting improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf City of Corpus Christi Page 5 Printed on 10/18/2021 City Council Meeting Agenda-Final-revised October 19, 2021 Course; appropriating $500,000 from the Type B Fund; and amending the operating and capital budgets. sponsors: Parks and Recreation Department 20. 21-0133 Ordinance authorizing the acceptance of the Gulf of Mexico Energy Security Act ("GOMESA") grant funding from the Texas General Land Office - Coastal Management Program and appropriating an amount of $130,043.00 in the Community Development Grant Fund; and authorizing a Real Estate Sales Contract with Tracy Duncan in an amount of $355,000.00 for the acquisition of 22.2427 acres of land located adjacent to Laguna Madre and in the Redhead Pond area, for stormwater re-route associated with the Bond 2018 Laguna Shores street reconstruction projects, located in Council District 4, with FY 2022 funding available from the Community Development Grant Fund. sponsors: Engineering Services 21. 21-1213 Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. sponsors: Finance &Procurement 22. 21-1185 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. sponsors: Health Department O. RECESS FOR CORPORATION MEETING: (ITEM 23) 23. 21-1454 Annual Board Meeting of the Corpus Christi Housing Finance Corporation to elect officers, consider a resolution amending and reaffirming the Corpus Christi Housing Finance Corporation's Investment Policy and Investment Strategy, consider a resolution increasing the bond issuance fee and consider an inducement resolution for$15,000,000 in Multifamily Revenue Bonds for a new 144 unit affordable housing multi-family development at Greenwood Drive and Golihar Road. sponsors: Neighborhood Services City of Corpus Christi Page 6 Printed on 10/18/2021 City Council Meeting Agenda-Final-revised October 19, 2021 P. RECONVENE CITY COUNCIL MEETING: Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEM 24) 24. 21-1476 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Corpus Christi-Nueces County Public Health District, various lawsuits, including, but not limited to, John F. Smith v. Nueces County Texas and/or Corpus Christi-Nueces County Public Health District, other legal issues related to the personnel, structure, and/or operation of said district, Texas Health and Safety Code Chapter 121, the Cooperative Agreement to Operate a Public Health District and amendments, reformations, and attachments thereto, other laws and regulations governing public health districts, members and membership in the public health district, grants to the members of the public health district, and any potential actions that may be performed pursuant to the aforesaid statutes, agreement(s), and regulations. S. ADJOURNMENT City of Corpus Christi Paye 7 Printed on 10/18/2021 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, October 12,2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:34 a.m B. Invocation to be given by Chaplain, Detective Mike Ilse, Corpus Christi Police Department. Chaplain, Detective Mike Ilse, Corpus Christi Police Department, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Aanya Wheat, Mary Carroll High School Student. Aanya Wheat, Mary Carroll High School student, led the Pledge of Allegiance to the Flag of the United States and to 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: 7- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member John Marti nez,Council Member Ben Molina, and Council Member Greg Smith Absent: 2- Council Member Billy A. Lerma, and Council Member Mike Pusley E. Proclamations /Commendations 1. 21-1403 Proclamations declaring September 8, 2021 as "International Literacy Day" and September 2021 as "National Literacy Month". Proclamations declaring October 10-16, 2021 as "Court Observance Week". Proclamation declaring October 2021 as "Domestic Violence Awareness and Prevention Month". Commendation recognizing International Westside (IWS) Astros Shetland Baseball Team. The Proclamations were presented. The commendation was postponed. City of Corpus Christi Page 1 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Julie Rogers, 710 Furman Avenue, submitted a written public comment, which is attached to the Minutes. Christopher Phelan, 3806 Kingston Dr., called in opposition to the desalination plant. The following citizens spoke in support of a Desalination Town Hall: Melissa Zamora, 3917 Brawner Parkway; Isabel Araiza, 326 Poenisch Dr.; Lia Araiza Ortiz, 326 Poenisch Dr.; and Brandon Marks, 319 Rosebud Avenue. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. COVID-19 / Flu Season Update Assistant Director of Public Health Luis Wilmot presented an update on COVID-19/flu season: Nueces County COVID-19 cases; weekly cases; hospitalizations/ICU; Nueces County COVID-19 deaths; Nueces County daily fatalities; positive COVID tests since July 1; vaccine breakthrough cases in Nueces County; upcoming FDA approvals; COVID vaccination clinics; virtual town hall; 2021-22 flu season; and re-opening the Health Department. A Council Member and Assistant Director Wilmot discussed the following topics: the Health Department will be open to the public beginning on October 18, 2021 from 8:00 a.m. to 5:00 p.m. Monday through Friday, closed for lunch from 12:00 p.m. to 1:00 p.m.; and beginning November 1 st, other clinics within the department will open. b. FY 2022 Adopted Budget Initiatives City Manager Peter Zanoni reported on the FY 2022 Adopted Budget Initiatives. In FY 2021, there were close to 70 budget initiatives totaling $23 million; the majority were completed by the end of the fiscal year, with about 44% on schedule to be completed by the end of calendar year; there are 130 budget initiatives in 2022, totaling $45 million of improvements; and quarterly plans are reviewed by the Executive Leadership Team members and the City Manager to ensure plans are being implemented on time. C. Infrastructure Design Standards Manual Update City Manager Peter Zanoni reported on the Infrastructure Design Standards Manual Update. In the next two months, staff will bring forward other infrastructure requirements like water, wastewater and storm water. The 2013 streets design standards are not as rigorous as they need to be, so the guidelines are being updated. City of Corpus Christi Page 2 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 d. Potential Impact of Natural Gas Price Surge Director of Gas Operations Bill Mahaffey presented information on the following topics: historic volatility; factors in the energy market causing volatility; what do market traders think; what does it mean; and potential impact of higher pricing to residential customers. A Council Member and Director Mahaffey discussed the following topics: the gas department is negotiating with NextEra Energy for other rate options. e. Recognition of Service and Retirement of Lisa Aguilar, Sr. Assistant City Attorney City Manager Zanoni recognized the service and retirement of Senior Assistant City Attorney Lisa Aguilar after 29 years with the City. Her last day with the City is October 15, 2021. H. BOARD &COMMITTEE APPOINTMENTS: 2. 21-1408 Corpus Christi Convention & Visitors Bureau (7 vacancies) Nueces County Tax Appraisal District (2 vacancies) Mayor Guajardo referred to Item 2. Corpus Christi Convention & Visitors Bureau: Blanche Candelaria-Morris (Reappointed) Johnny Philipello (Reappointed) Ramon Pineda (Reappointed) Mitchell Davis Kalogridis (Realigned to Restaurant Industry) Deven Bhakta (Appointed) Amy Granberry (Appointed) Gabriele Hilpold (Appointed) Lance Hancock (Appointed) Nueces County Tax Appraisal District: Robert Adler (Reappointed) Gerardo "Jerry" Garcia (Reappointed) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: ITEMS 3 - 17) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Item 9 be pulled for individual consideration. City of Corpus Christi Page 3 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 A motion was made by Council Member Hunter, seconded by Council Member Barrera to approve the Consent Agenda. The motion carried by the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Absent: 2- Council Member Lerma and Council Member Pusley Abstained: 0 3. 21-1407 Approval of the September 21, 2021 Regular Meeting Minutes and May 21-22, 2021 City Council Retreat. The Minutes were approved on the consent agenda Consent-Second Reading Ordinances 4. 21-1178 Zoning Case No. 0821-01, Jeffery C. Lundquist: (District 4) Ordinance rezoning a property at or near 4121 Waldron Road from the "FR" Farm Rural District to the "RE" Estate Residential District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032564 5. 21-1179 Zoning Case No. 0821-03, Sima and Steve, Inc.: (District 2) Ordinance rezoning property at or near 3413 South Staples Street from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032565 6. 21-1189 Zoning Case No. 0821-02, Dominga Flores: (District 1) Ordinance rezoning property at or near 3617 Violet Road from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032566 7. 21-1222 Ordinance amending the Unified Development Code to establish tree requirements in residential street yards for new construction within the City and its extraterritorial jurisdiction, reducing impermeable surface allowed in residential street yards, increasing open space requirements for residential street yards, modifying landscaping requirements for residential districts; modifying alternative compliance for landscaping; and providing for penalty. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 4 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 Enactment No: 032567 8. 21-1257 Ordinance authorizing a second amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd. and S. Padre Island Drive (Highway 358 FWY); and appropriating $33,921.16 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032568 9. 21-1221 Ordinance amending Chapter 21 of the Corpus Christi Code by adding compliance provisions pertaining to recyclables, use of recycling carts, and establishing a special collection fee for servicing contaminated carts. Mayor Guajardo referred to Item 9. Council Members, Director of Solid Waste David Lehfeldt and City Manager Zanoni discussed the following topics: the City's goal is to save $500,000 a year by preventing garbage from being placed in the recycle bins; approximately 40% of the recycle bins are contaminated with garbage; and if a citizen wishes for their recycle bins to be removed or if they would like to receive an additional bin, they can call 311 or 826-CITY. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Absent: 2- Council Member Lerma and Council Member Pusley Abstained: 0 Enactment No: 032569 Consent-Public Safety First Reading Ordinances 10. 21-1325 Ordinance accepting a grant in the amount of$59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. This Ordinance was passed on first reading on the consent agenda. City of Corpus Christi Page 5 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 Consent- Contracts and Procurement 11. 21-0725 Resolution authorizing a two-year service agreement with an additional two-year option period, in an amount not to exceed $433,890.21 and a maximum amount not to exceed $883,890.21 if the option period is exercised, for preventative maintenance and repairs of the Breakpoint Chlorination equipment feed system at the Oso Water Reclamation Plant with Grace Water Services, LLC from Katy, Texas, effective upon issuance of notice to proceed, with first-year funding in the amount of$216,945.11 available from the FY 2022 Wastewater Fund. This Resolution was passed on the consent agenda. Enactment No: 032570 12. 21-0740 Resolution authorizing a two-year supply agreement for the purchase of laboratory supplies to conduct enterococci testing at the Greenwood Wastewater Treatment Plant Laboratory with IDEXX Distribution Inc. of Westbrook, Maine for an estimated amount of$60,749.82, with FY 2022 funding in an amount not to exceed $30,374.91 available from the Wastewater Fund. This Resolution was passed on the consent agenda. Enactment No: 032571 13. 21-1051 Motion authorizing two three-year supply agreements with Sames Motor Company, Inc. of Corpus Christi, Texas and Arnold Oil Company of Corpus Christi, Texas, for Original Equipment Manufacturer Ford Parts for Fleet for a total estimated amount not to exceed $725,000.00, with FY 2022 funding in an amount not to exceed $241,666.00 available through the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2021-187 14. 21-1210 Resolution authorizing a two-year service agreement extension to provide investment advisor services with Meeder Public Funds, Inc., in an amount not to exceed $60,000.00 for the first of two option periods, effective September 4, 2021, with first year funding available in the FY 2021-2022 Budget through the General Fund. This Resolution was passed on the consent agenda. Enactment No: 032572 Consent- Capital Projects 15. 21-1218 Motion awarding a construction contract to MAX Underground Construction, LLC, Corpus Christi, Texas, for the Storm Water Infrastructure Indefinite Delivery City of Corpus Christi Page 6 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 Indefinite Quantity program, which includes Bridge Rehabilitation, Channel Ditch Improvements, and Citywide Storm Water Infrastructure Rehabilitation/Replacement, in an amount up to $6,000,000.00 for a one-year term, with FY 2022 funding available from Storm Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2021-188 16. 21-1305 Motion authorizing the approval of Change Order No. 1 with Jhabores Construction Company, Inc., Corpus Christi, Texas, for the installation of a wastewater main crossing under Crosstown Expressway at Holly Road, located in Council District 3, in a total amount of$170,108.24, with FY 2022 funding available from the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2021-189 General Consent Items 17. 21-1091 Motion authorizing seven Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: LiftFund, Inc., Service Corps of Retired Executives, Texas A&M University - Corpus Christi, and Del Mar College for a total amount not to exceed $701,800 to support small businesses within the City of Corpus Christi. This Motion was passed on the consent agenda. Enactment No: M2021-190 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:55 p.m. Executive Session Item 24 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:29 p.m. L. PUBLIC HEARINGS: (ITEMS 18 - 19) 18. 21-1277 Zoning Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 18. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; land use; public notification; planning commission and staff recommend approval. City of Corpus Christi Page 7 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 A Council Member and Director Raymond discussed the following topics: the current zoning is commercial, so the applicant is requesting residential zoning to allow for the construction of a single-family home. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera 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: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Absent: 2- Council Member Lerma and Council Member Pusley Abstained: 0 19. 21-1278 Zoning Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 19. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; land use; public notification; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. There were no questions from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Absent: 2- Council Member Lerma and Council Member Pusley Abstained: 0 M. INDIVIDUAL CONSIDERATION ITEMS: None City of Corpus Christi Page 8 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 N. FIRST READING ORDINANCES: (ITEMS 20 -23) 20. 21-0997 Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance rezoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 20. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of an 8-unit townhome development and presented information on the following topics: master site plan; renderings; and planning commission and staff recommend approval. Council Members, Director Raymond and City Manager Zanoni discussed the following topics: the applicant has eliminated short-term rentals and adjusted the site plan; constructing these townhomes will not change the zoning for the rest of the neighborhood; if this development is not approved, then any commercial development that is allowed in a CG-2 zoning district can be built; and staff is working on a short-term rental policy for Council consideration. Mayor Guajardo opened the public comment. There were no comments from the public. Mayor Guajardo closed the public comment. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Absent: 2- Council Member Lerma and Council Member Pusley Abstained: 0 21. 21-1213 Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. This Item was postponed. 22. 21-1395 Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance City of Corpus Christi Page 9 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 waivers, and providing for existing penalties. Mayor Guajardo referred to Item 22. Director of Finance Heather Hurlbert stated that this Ordinance has been updated with clarifying language that reflects best practices. Council Members, Director Hurlbert and President and CEO of Visit Corpus Christi Brett Oetting discussed the following topics: a Council Member thanked City staff for listening to local film makers' input, and incorporating their comments into these amendments; the City will be creating Standard Operating Procedures that will be used by the film commission; and this ordinance states that the only time a permit and insurance are needed is if a filmmaker is blocking access to public property. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera 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: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Absent: 2- Council Member Lerma and Council Member Pusley Abstained: 0 23. 21-1185 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. This Item was postponed. O. BRIEFINGS: None P. EXECUTIVE SESSION: (ITEMS 24) City of Corpus Christi Page 10 Printed on 1011512021 City Council Meeting Minutes October 12, 2021 Mayor Guajardo referred to Executive Session Item 24. The Council went into Executive Session at 1:55 p.m. The Council returned from Executive Session at 2:29 p.m. 24. 21-1321 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning the acquisition and negotiation of property rights adjacent or near the Laguna Madre, Hustlin' Hornet Drive, Redhead Pond, Debra Lane, and/or Beasley Road and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, lease, and/or value of real property rights in the aforesaid area(s) where deliberation in an 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. Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 2:29 p.m City of Corpus Christi Page 11 Printed on 1011512021 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday, October 12, 2021 10:31 AM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran; Ruth Bocchino Subject: FW: Public Input: 10-12-2021 -Julie Rogers FYI. Thank you, �r. fry Executive Assistant Office of the City Secretary City of Corpus Christi 361-826-3105 From:Jotform <noreply@jotform.com> Sent:Tuesday, October 12, 202110:30 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 10-12-2021-Julie Rogers I I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] �r ei�leas lleer�fagge ;Axr p�teaf rnappraprrate content. If jaotF arenscrre;bf the seder der rrot reply oroperr b ks„ y�xu vers;, orttact the Service 00§k at"826- 6, ra fc lrou_ 1lltarrt rig Replies to this message rnr if go to-returns�iotf6enj co' If you are urfscrre'this is correct please'cobtactthe >IF�desk at"82x3766: Public Comment & Input Form Date of Meeting 10-12-2021 Name Julie Rogers Address Street Address: 710 Furman Avenue City: Corpus Christi State/Province:TX Postal/Zip Code: 78404 Topic Desalination Town Hall Agenda Item Number N/A 1 Describe Feedback: This is Julie Rogers, 710 Furman Ave. I am asking you to please participate in the proposed Desalination Town Hall as outlined by the eleven Community Organizations in a letter sent to Mayor Guajardo and the City Council. I have tried to give input during public comment but it is not genuine on the City's part when your comment is limited by time and by the rule of no engagement from local officials,even though it is considered ample by the City. Democracy requires transparency,fairness and openness. And,when an elected official says they're going to do something,they should do it! During this last budget process we were promised a town hall at the end of September.You all work very hard, often in another job,so I understand that you might be busy. Let the groups who are offering to plan and have the Desalination Town Hall proceed with your blessing and participation.This should help alleviate any burden that is preventing you from having a town hall as you promised.Thank you. Provide an email to receive a copy of your rogersiuliet@gmail.com submission. 2 so �o o� A PH AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 12, 2021 µCORPOR I Second Reading Ordinance for the City Council Meeting of October 19, 2021 1852 DATE: October 12, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361)-886-2603 Acceptance of a Grant for the Local Border Security Program CAPTION: Ordinance accepting a grant in the amount of $59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. SUMMARY: This ordinance accepts and appropriates $59,000.00 in grant funding to support the FY 2022 Local Border Security Program. BACKGROUND AND FINDINGS: The Local Border Security Program (LBSP) grant focuses on the use of intelligence to increase the effectiveness of federal, state, and local law enforcement assets. The purpose of LBSP is to sustain interagency law enforcement operations and enhance local law enforcement patrols in order to facilitate directed actions that deter and interdict criminal activity. All law enforcement agencies that receive funding through LBSP shall assist in the execution of coordinated border security operations. The purpose of this effort is to reduce border-related criminal activity, decrease the supply of drugs smuggled into and through Texas from Mexico, and disrupt and deter operations of gang and cartel criminal organizations. As part of this effort, the Corpus Christi Police Department (CCPD) will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extra territorial jurisdiction (ETJ) targeting known drug, currency, and human trafficking routes operating in the South Texas area. The funding provides for overtime and retirement for sworn officers. There is no City match required. Funding is available from September 1, 2021 — August 31, 2022. The City has been receiving the grant since 2008. This year's grant is an increase of $9,000.00 over the previous year's amount. ALTERNATIVES: The alternative is not to accept the grant which will result in CCPD providing less law enforcement on criminal activity. FISCAL IMPACT: The fiscal impact for FY 2022 is accepting funds and appropriating $59,000 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: Police Grants Fund Mission Element: 151 Project # (CIP Only): N/A Account: 510000 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting a grant in the amount of $59,000.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for sworn police officers supporting the FY 2022 Local Border Security Program; and appropriating $59,000.00 in the Police Grants Fund. 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 all documents necessary to accept a grant in the amount of $59,000 from the Office of the Governor's Homeland Security Grants Division (HSGD) for funding eligible under the FY 2022 Local Border Security Program (LBSP) grant. SECTION 2. The City of Corpus Christi designates the City Manager or designee as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. That $59,000 is appropriated in the No 1061 Police Grants Fund from the HSGD for eligible overtime and operational costs. SECTION 4. In the event of the loss or misuse of the HSGD funds, the City of Corpus Christi assures that the funds will be returned to the HSGD in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative' and Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards (UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number: 3404805 Award Amount: $59,000.00 Date Awarded: 9/13/2021 Grantee Cash Match: $0.00 Grant Period: 09/01/2021 -08/31/2022 Grantee In Kind Match: $0.00 Liquidation Date: 11/29/2022 Total Project Cost: $59,000.00 Program Fund: BL-Local Border Security Program(LBSP) Grantee Name: Corpus Christi,City of Project Title: Local Border Security Program Grant Manager: Lynne Crow DUNS Number: 069457786 CFDA: N/A Federal Awarding N/A-State Funds Agency: Federal Award Date: N/A- State Funds Federal/State Award 2022-BL-ST-0016 ID Number: Total Federal Award/State Funds $5,100,000.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Homeland Security Grants Division(HSGD) Name: Is the Award R&D: No Federal/State Award Grants for local law enforcement agencies to support Operation Border Star.The grant funds may Description: also support the humane processing of remains of undocumented migrants,when specifically so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 10/12/21 1852 Second Reading Ordinance for the City Council Meeting 10/19/21 DATE: August 19, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 4110 Molina Drive CAPTION: Zoning Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family home. BACKGROUND AND FINDINGS: The subject property totals 0.46 acres in size and is currently zoned "CN-1" Neighborhood Commercial District, consists of vacant land (former single-family home until the late 1970s). The subject property was annexed in 1954. To the north is a single-family residential home zoned "CN-1" Neighborhood Commercial District. To the south are single-family residential homes zoned "RS-6" Single-Family 6 District. To the east and west are single-family residential homes zoned "CN-1" Neighborhood Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. The former Corpus Christi Zoning Ordinance allowed single-family homes as a by right use in the former "B-1" Neighborhood Business District (now known as the "CN-1" Neighborhood Commercial District). Public Input Process Number of Notices Mailed 24 within 200-foot notification area 1 outside notification area As of August 19, 2021: In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 1.88% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the"CN-1" Neighborhood Commercial District to the"RS-6" Single- Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District on August 18, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-04, Michael Gallardo and Nancy Torres: (District 2) Ordinance rezoning property at or near 4110 Molina Drive from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District 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 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 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 described as Lot 2, Block 2, Molina Unit 1 , as shown in Exhibit "K.- from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District The subject property is located at or near 4110 Molina Drive. Exhibit A, which is a map of the subject property attached to and incorporated in this ordinance. 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 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 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 4 Exhibit A CN-4 CNA SUB:IEcrj PROPERTY cd .. J 44 m RS-6 Dare c,eared.-�,r�aaze 0 250 500 Repared By ReyA Feet Pgiartmenr of erefopment�erHca CASE: 0829-04 SUBJECT PROPERTY WITH ZONING as Su6jea �4Gp Prty c a SUBJECT PROPER RM-1 Multifamiy l IL Light RM-2 Multifam 3y2 H Heart'hdustnal RM-3 Muldfamlly3 puo Planned Unit Per,Orerlay ON Professiona10ff RS-f0 Single-Fam lly 10 RMAT MuItifam 3y A T RS-6 Single-Fan,iy6 �^ rpv. hr�sn bay CN-1 Neigh—l—odC--n,'al RS4.5 5ingle-Family 4.5 CN-2 Neighhortwod Commercel RSTF Two-Fam Ay CR-1 Resort Commercial RS 15 Single-Fam,ily 15 CR-2 Resort Commercial RE Res houslEstate CG1 General Commercal qE ReM.use CG-2 Ge—ICwnmerc'aI patio CI IMenslre Commercul SP 5 I n lV CBP flow Mown Commercial RV Recreationald Ia H—:Park 9a RMH Manu facturetl Home -. � - E CR d Resort Commercial - FR Farm Rural e cky of H H'stork;Orerlay '- er a`i e`s Pak Lco OCATION MAP o�� `�` cmn Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0821-04 INFOR No. 21ZN1030 Planninq Commission Hearin Date: August 18, 2021 r- Owner: Michael Gallardo and Nancy Torres a Applicant: Michael Gallardo and Nancy Torres 0•CL Location Address: 4110 Molina Drive QLegal Description: Lot 2, Block 2, Molina Unit 1 , located along the east side of o Molina Drive, south of Horne Road, and east of Old Brownsville Road. From: "CN-1" Neighborhood Commercial District To: "RS-6" Single-Family 6 District io Area: 0.46 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning District Existing Future Land Use Land Use Site "CN-1" Neighborhood Vacant Medium Density ca Commercial District Residential North "CN-1" Neighborhood Low Density Medium Density E Commercial District Residential Residential o N South "RS-6" Single-Family 6 District Low Density Medium Density Residential Residential JLow and Medium "CN-1" Neighborhood Medium Density X East Commercial District Density Residential Residential West "CN-1" Neighborhood Commercial Commercial Commercial District 06 Area Development Plan: The subject property is located within the boundaries 0- of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RS-6" Single-Family 6 District is a o consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 100 o feet of street frontage Molina Drive which is designated as a "Local/Residential' Street. According to the Urban Transportation Plan, "Local / Residential' Streets = can convey a capacity up to 500 Average Daily Trips (ADT). ca L Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume }' 50' ROW 50' ROW Not U Molina Drive "Local / Residential" 28' paved 20' paved Available Staff Summary: Development Plan: The subject property is 0.46 acres in size. The applicant is proposing the construction of a single-family home. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District, consists of vacant land (former single-family home until the late 1970s). The subject property was annexed in 1954. To the north is a single- family residential home zoned "CN-1" Neighborhood Commercial District. To the south are single-family residential homes zoned "RS-6" Single-Family 6 District. To the east and west are single-family residential homes zoned "CN-1" Neighborhood Commercial 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 platted. Utilities: • Water: 8-inch ACP line located along Molina Drive. • Wastewater: 8-inch VCP line located along Molina Drive. • Gas: 2-inch Service Line located along Molina Drive. • Storm Water: 24-inch line located along Molina Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RS-6" Single-Family 6 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 the stabilization, revitalization, and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). Staff Report Page 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 consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • The former Corpus Christi Zoning Ordinance allowed single-family homes as a by right use in the former "B-1" Neighborhood Business District (now known as the "CN-1" Neighborhood Commercial District). Planning Commission and Staff Recommendation (August 18, 2021): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Number of Notices Mailed — 24 within 200-foot notification area. 1 outside notification area As of August 13, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 1 inside notification area — 0 outside notification area 0 Z Totaling 1 .88% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 HORN MN- 22 i& 74 24 CN-7 rJ O e 77 /0 2 5 1111' j osusrEcr PROPERFY 76 3 Qat++ 9 17 77 W 72 7 20 79 7 R5-6 13 27 95 naeereaed-71wzi e 250 500 FY.Pared 11 ReyR Feet pePartrnert[of evefopm-I�erricec CASE: 0821-04 ZONING 8 NOTICE AREA @ pear, RM-1 MultlFam ily7 IL Lght Industrial IH H-"Indk 4B J�C7 RM-2 Multlfamily2 ustrial RM-3 Multlfamily1 pLlp Planned Mt D—.Overlay ON Professional Office RS-70 SingltFamiy 10 W ; OPER 4��( RM-AT Alultifamily AT RSE Singk-Family6 CN-7 NeighlwrhoodCmkmercial RS-4.5 Single-Family 4.5 CN-2 Neigh horhood Commercial RS-TF Two-Family h GR-7 Resort Commercial RS-15 Simgle-Family 15 CR-2 Resort Cmrmercial RE Residential Estate �� rpu. Arisli Say CG7 General Gommerc'el RSTH Tanmhouse CG-2 Ge neral Commercal SP Special p—k CI Futens've Commerc ial RV Recreational Vehicle Park CBD Downtown Lommemial RxIH Manufxtured Home CR-3 Resort Commercial FRF—R-15 H H'storicO-r6y & �r BP Business Park 9 mw m ® Subied Pmper[ypmera City of❑ wtq 2f10'bufler Oielawr % ] 4°name h,200.0'h kdde X 0 LOCATION MAP �e rr cwti Staff Report Page 5 Persons with disabilities planning to attend this meeting,who may require special sennaes. are requested to wntact the Derveioprnent Services Department at least 48 hours on advance at(361)826-3240 Pamwas GQELI ides. q 9 tigngn I@ intend i of a este ilinta ue r reren lice n avi 4B horas .n la unto Raman I e aAarnento de servicios I al n6 r 3240 If you wish to address the Cornmfssioi'i during the meeting and your English is limited, please call the Development Services Department at(361 i 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting I usted dere# it a la commission du u 09!b es 6mitaed Ila r al departamento de serocios de 4gHrMllo al numero(3611826.3240 pi menus 48 hQfflj jintesde la r sol un ruts- rete.ser presents durante la tpta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0877.04 Michael Gallardo and Nancy Torres has petitioned the City of Corpus Christi to consider a change of zoning from the"CN-1 Neighborhood Commercial District to the"RS-6"Sintale-Fanrtily 6 District not resultina in a charge to the Future Land Lige ilAap. The property to be rezoned is described as. 4110 Molina Drive and described as Lots 2, Block 2, Molina Unit 1, located along the east side of Molina Drive,south of Horne Road,and east of Old Brownsville Road. This Piwwn iy Cul Remission may recommend to City Council approval or denial,or approval of an intermilirliAiP zoning classification andlor Special Permit. Approval of a change of zoningif 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 pub4c hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will to held on Wednesday,_August 1§.2021,during one of the Planning Commission's regular meetings,which begins at 6.30 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 c,alt(361)$26-3240. r RF ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERIS;•+SNI.•MAILED IN ITS ENTIRETY TO 7 H E DEVELOPMENT SER%ACES OEPARTMENf P O. Box 9277, CORPUS CHRIST`. Trxr,S 9277 ANY+NFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NATE: In accordance wfth the Planning Commission Ely-Uws,no discussion shall be held by a member or members of this Commission with an applicant or appsilant concerning an appllcatioDn or appeal.either at home or office,or in person, by telephone call or by letter, PrInted Name, 7 r e" v7-P1WC►e 4r,. �^ Address V,-efts. 2)• , City/State: ( } IN FAVOR ?C}IN OPPOSITION Phone REASON: . ,t 'f +tlGn- Q rse rr-4 2r—�- L/ S"gnat re -E VAr^!1RURC4'E�_ �-ii'atVi� :flii ut INFraii i:3;.(R ivc "ZN1,230 ^'r�.Ie:f'�ranage Andrew L7rrasr Prr rTy:Twrr.r Ifi 15 F ma•i Arc,-r.rW C,-�1•yk:.;'.^'<g rr.T Zoning Case #0821 -04 Michael Gallardo and Nancy Torres Rezoning for a Property at 4110 Molina Drive From "CN-1" To "RS-6" de F O O O u ti Homo Road PG3oPwry 9 g I D g o0 a City Council October 12,2021 Aerial Overview HORNE RD ,� II w PROPERTY;..,. = : Zoning Pattern and Adjacent Development N tBuffer Yards: Knims Road - RS-6 to CN-1: Type B: 10' & 10 pts. 2000 Setbacks: Street: 25 feet �gg4 Side & Rear: 5 feet ,,_w. PG.tOOPC�G35�f Parking: 2 per single-family home e Uses Allowed: Single-Family RIM � o � Detached Housing, Day care �Igg4 home, Educational Facilities, �g�' Place of Worship. Land Use Existing Land Use Future Land Use ►, HORN ARD ►, HDRNE-RD CN I N SUBJECT SUBJECT��' PROPERTY PROPERTY z O Vacant Med.Density Commercial O Low Density o Commercial O Mixed Use Residential Residential OLow Density O professional Office ParkGovernment Med.Density Permanent Residential O Residential Open Space 4 Public Notification 24 Notices mailed inside 200' buffer N 1 Notices mailed outside 200' buffer MO[dN E—INS Notification Area CR-1 aoQ 13 16 L 14 6 G 11 18 24 a Opposed: 1 (1 .88%) - Separate Opposed Owners. 1 z i / 5 o SUBJECT PROPERTY m a 4 17 17 W� 12 ] 16 In Favor: 0 (0.00%) 9 9 RS-6 1J 21 Xi5 Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition rim a 5 Planning Commission and Staff Recommendation Approval of the "RS-6" Single-Family 6 District Utilities Homs R@ad N tWater: 8-inch ACP Wastewater: 8-inch VCP SUBJECT T g PROOPER7V 8 Gas: g 2-inch Service Line Storm Water: 24-inch Line 4� A0 r �p SUBJEGF , PROPERTY 1 y 1 s W 4 Jt a 2q0 CASE. 0821-04 AQIE Aerial with Subject Property a SUBJECT Subject x PROPERTY Property 5 r Map Scale: ?:1,2fld `•.�' ry9 o •.w City of tQCATlQN 119AP �¢w Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 10/12/21 1852 Second Reading Ordinance for the City Council Meeting 10/19/21 DATE: August 19, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6342 Old Brownsville Road CAPTION: Zoning Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. SUMMARY: The purpose of the rezoning request is to allow for the continued use of horse stables. BACKGROUND AND FINDINGS: The subject property totals 14.89 acres in size and is currently zoned "RS-6" Single-Family 6 District and consists of horse stables that have been in operation since the 1970s. The subject property was annexed in 1962. To the north, east, and west are large tract vacant properties zoned "FR" Farm Rural District and "RS-6" Single-Family 6 District respectively. To the south are two single-family homes zoned "RS-6" Single-Family 6 District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a commercial use. The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map compatible with the adjoining properties. The proposed rezoning does not have a negative impact upon adjacent properties. The use has been in operation since the 1970s. The former Corpus Christi Zoning Ordinance did not allow farm, agricultural, and livestock uses by-right in the former "R-1B" One-Family Dwelling District (now known as the "RS-6" Single-Family 6 District). The proposed rezoning would bring the livestock use into compliance with the UDC. According to AICUZ Compatible Land Use Guidelines, a farm or livestock use is acceptable in the APZ-2 designated areas. Section 5.2.19 of the Unified Development Code (UDC) states, "A public or private stable shall be permitted in accordance with the use tables in Article 4 provided that the stable shall be located a minimum of 300 feet from a residential structure that is located on any property in separate ownership." Public Input Process Number of Notices Mailed 6 within 200-foot notification area 1 outside notification area As of August 19, 2021: I n Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "RS-6" Single-Family 6 District to the "FR" Farm Rural District on August 18, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0821-05, Michael McDonough: (District 3) Ordinance rezoning property at or near 6342 Old Brownsville Road from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District 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 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 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 described as being 14.89 acres situated in the "Rincon Del Oso" Enriquez Villareal Grant, A-1 , and being part of that same 16.437-acre tract described in a Warranty Deed recorded in Document No.2004027432 of the Nueces County Official Records, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District The subject property is located at or near 6342 Old Brownsville Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. 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 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 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 5 Exhibit A 14.9891 ACRES DESCRIPTION of tract or parcel of land cowl m :,n, 14.8891 acres.9itusted in the"Rincon Del Gsd' Enriqucx Villareal Grant,A-1,and beim ,F,:,rt t t11:i1 ,.irill, 16.13?;acre tract described in a Warranty Deed recorded in Document No.2004t727432 of the Nucces Co.,i I Ii,ml Records and bring more ftirlly described as follows: BEGINNING at a point for the Southwest comer of this• I I.}l8't 1 acre tract if, i ,<%d eAern line ofthe said 16. 37 acre tract located at the point of ill r,.is°ior,"Vith tttc t_ ,�rt,i.,(.'hristi City Limits Line alvei,heing the Northwest corner r•(a 1. 1 '.a.t;r'�mut out r,l-ihe will 16.437 acne tract; THENCE,N 01°27'12"W,with the Western line of rite said 16,437 acre tr:a,t.7 distaricr of 863.99 feet to the Northwest corner of the said 16.437 seri tract for the Nortlt«eyt comer of this 14.8891 acre being described.; THENCE,N 88°3 3'2-6-E.with the Nntthern line of the said 16.437 acre tract,a distance of 737.39 feet to the N.,i r°,L•,:It carr,:,r of tha saI, 16.4'3^ .Icre tract for the Northeast comer of this 11.8891 :pct 75�i:i :c- rif+cJ- 1'It•'%" S 01127 16"F.w•idi v,: f°a:t rn line, t thw-:-dd op ;3 acre trict.:i i' Ci'-;[ t 114- ��,rrrrrl.+lt����r:i:r�H1 11 ,'6d 16.4+7 ,rt'4• Ir.i.r }.vkr)l ..w re LL:iur; S r,Lr Jiq;' 11 tk_ ,•.IRII t1i ti,nrr.i, tcrn fine of the ,irlii li.•:.," acre tract, a Iivi,,rr•'r l wmr of the said ! ri I',;tract and this 1=.RK'71 .avtr h�isr.•cl��cril��til. IF11': f"1:.`ill •9 1S { 1Lt1t iwcrI ;: ilii,lineofsaid16.437acre ULI tr1a- .hlpata 1i.t,,rr i f --:ct tlic lir:° (,I +)Irl Brownsville Road i i •%I. r r,;y ill ;111 r .1,,'ilrr:l+°r '�".)rncr of thk 14.8891 mere u,i,:t anL. ILL: i I541`14 mire tr.!Lr rrr tli_h<•rtiaµcstrm margin of Old Brownsr•ilk Road at we r+,i.rt rr1 ir:'crr,rction with die t-grpii<t"iirl,li City Lirl line; I I I F NCF,N 610 51'21"W.•with Erie Corpus Christi City L1miN Line and the Northeast Ilia III rh.I%.ri,1 179 acre tr.r.1. k RKSing the° .rid 16.437 aert tract to the PLACE OF RF': ANNING; (ONT,i SLING lNit;rin tlr.� nictesandbounrf, i4.8891 acreaofrvhich 10,00W6 .•i4 being In tl c R.r-r "s .of Old ills'Rc,:r+l(F tl.665), Page 4 of 5 NW33'26*E rp,19' (Out Of f6.4J7 Ac. 7,--) r i av'roe (/a,,.r"Mgw;, F ped da W Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0821-05 INFOR No. 21ZN1031 Planninq Commission Hearin Date: August 18, 2021 Owner: Michael McDonough Applicant: Michael McDonough r �a o Location Address: 6342 Old Brownsville Road M �.� Legal Description: 14.89 acres situated in the "Rincon Del Oso" Enriquez a u Villareal Grant, A-1 , and being part of that same 16.437-acre tract described in 0_06 a Warranty Deed recorded in Document No.2004027432 of the Nueces County Official Records, located along north side of Old Brownsville Road and west of Saratoga Boulevard State Highway 357). From: "RS-6" Single-Family 6 District To: "FR" Farm Rural District io Area: 14.89 acres Purpose of Request: To allow for the continued use of horse stables. Existing Zoning District Existing Future Land Use Land Use ca Site "RS-6" Single-Family 6 District Commercial Commercial a� N N North "FR" Farm Rural District Vacant Light Industrial o N South "RS-6" Single-Family 6 District Commercial Commercial T X East "FR" Farm Rural District Vacant Light Industrial West "RS-6" Single-Family 6 District Vacant Light Industrial Area Development Plan: The subject property is located within the boundaries 06 u, of the Westside Area Development Plan and is planned for a commercial use. M o The proposed rezoning to the "FR" Farm Rural District is generally consistent _ a with the adopted Comprehensive Plan (Plan CC) and warrants an amendment a o to the Future Land Use Map. Q City Council District: 3 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 350 feet of street frontage Old Brownsville Road which is designated as a "A3" ° Primary Arterial Street. According to the Urban Transportation Plan, "A3" a N Primary Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O Old 130' ROW 120' ROW 6,737 ADT 0 Brownsville "C3" Primary Collector 79' paved 50' paved (2014) Road Staff Summary: Development Plan: The subject property is 14.89 acres in size. The applicant is proposing the continued use of horse stables. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of horse stables that have been in operation since the 1970s. The subject property was annexed in 1962. To the north, east, and west are large tract vacant properties zoned "FR" Farm Rural District and "RS-6" Single-Family 6 District respectively. To the south are two single-family homes zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ), specifically Accident Potential Zone 2 (APZ-2). According to the Compatible Land Use Guidelines, a farm or livestock use is acceptable in the APZ-2 designated areas. Plat Status: The property is not platted. Utilities: • Water: 16-inch DIP line located along Old Brownsville Road. • Wastewater: 4-inch PVC FM line located along Old Brownsville Road. • Gas: 6-inch Service Line located along Old Brownsville Road. • Storm Water: Roadside ditches located along Old Brownsville Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a commercial use. The proposed rezoning to the "FR" Farm Rural District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. 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). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Staff Report Page 3 • Avoid development that is incompatible with the operation of military airfields and the airport. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. The proposed rezoning warrants an amendment to the Future Land Use Map. • The use has been in operation since the 1970s. The former Corpus Christi Zoning Ordinance did not allow farm, agricultural, and livestock uses by-right in the former"R- 1 B" One-Family Dwelling District (now known as the "RS-6" Single-Family 6 District). The proposed rezoning would bring the livestock use into compliance with the UDC. • According to AICUZ Compatible Land Use Guidelines, a farm or livestock use is acceptable in the APZ-2 designated areas. • Section 5.2.19 of the Unified Development Code (UDC) states, "A public or private stable shall be permitted in accordance with the use tables in Article 4 provided that the stable shall be located a minimum of 300 feet from a residential structure that is located on any property in separate ownership." Planning Commission and Staff Recommendation (August 18, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "FR" Farm Rural District. Number of Notices Mailed — 6 within 200-foot notification area. 1 outside notification area As of August 13, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 FR 4 - R, ; sUs.7Ecr PROPFRFY i a 5 0 3 I OR0114�� '��p�a. p1.0 �ecrexed:a.��n 0 250 500 Repaed'By RetyR Feet Departrrr Aof tJeve7opm�rt Ser It CASE: 4829-45 ZONING & NOTICE AREA RM-1 Multifamilyl IL Lghtlndustrial RM-2 Multifam ily2 Pt Heavy l ndustrial r SUBJECT RM-1 Multifamily3 PUD Planced Unit D-0—lay ;PROPER ON Professional QFflce RS-10 Sirrgle-Family 10 RM-AT MultifZ llv AT R58 Single-Family6 CN-1 Nei ghbarh ood'Commercia l R5-4.5 Singlo-Family 4.5 CN-2 Nei gh boyhood Commercial RS-TF Two-Family CR-1 ResortCommercial RS-15 Single-Family 15 C CR-2 Resort Commercial RE Residential Estate Carpus CFrisa✓ C61 General Commem e l RS-TH Townhouse Gfr2 General Cwnmercial SP Special Penna CI kkensire Commercial Ry Rxreational Vehic'e Park CRD Dm Mown Commercial RMH Manufactured Home CR.y ResortCommercial --r1- FR Fann Rural H HistoricQrertay BP Business Park a fp ® s a a pens orne,� City of 1° b Xa n LOCATIOnr n�aP y C Staff Report Page 5 Persons with dlsabrhtles planning to attend this meeting,who may require special services are requested to contact the Development Seraaces Department at least 48 hours in advance at(361)826.3240 personas con incapKi tides ague tienen la intencrbn.de as stn a esti ivnr y_gg.P,r grieren 60ryIM 080eciales. ye,118s suplacague dtn avrsa 48 horas antes de la iunta Ilamandv_a'departamentodes i I at n6mero�3gl�826-3244 tf you wish to address the Commission during the meeting and your English is limoted please call the Development Services Department at{351;826-3240 at least AIB hours In advance to request an Interpreter be present durng the meeting SI usted desea d�irgA_reg commisslon durante, to writa y su ingles_e's.?,nntado favor de Ilamar al deparjmgnta de serulcips de desarrol=o_71 1_r-enct L36.1.1 82§- 4 al mentis 48 horas an de la lunla para soiiptfr un nterprete sear presen! _duu ante la unta_ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0821-05 Michael illAcl use has petitioned the City of Corpus Christi to consider a change of zoning from the'$; 6" Single-Family 6 Di§ttrlct to the"FR"Farm Rural District resuttino in a change to the Fut_4 a Land Use Map, The property to be rezoned is described as: 6342 Old Brownsville Road and described as being 14.89 acres situated in the "Rincon Del Oso" Fnriquez Villareal Grant,A-1, and being part of that same 16.437-acre tract described in a'Warranty Deed recorded in Document No-2004027432 of the Nueces County Official Records, Iocatled along north side of Old Brownsville Road and west of Saratoga Boulevard(State Highway 357). The Planning Commission may recommend to City Council approval or denial,or approval of an Intermediate zoning classification and/or Special Permed 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 heanng will be held on Wedne.4day. Aggust 18,2421,during one of the Planning Commission's regular meetings which begins at 5:3�in the City Council Chambers, 1241 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 81t:ON RECORD,THIS FDRM MUST Nt r It t FCS OUT SIGNED BY THE GIURRFNT PROPERTY O'.rvNERiS)AND h1All rr) IN ITS ENTIRETY TO THE DEVt_t.OPMFNT SFRVICFS DFPARTMENT, P 0 BOX 9277, CORPUS CHRISTI TLXA, rJ5469- 9277 ANY INFCRMATIl7N PR{3V0En HF:t?'.'V ESP J0J�;R.I.:-CORD NOTE: In accordance with the Planning Commission By-taws, no ttiseussion shall be held by a mctnb>er or members of this Commission with an applicant or appellant concerninct an ap{alscdti4rt ot appeal either at h time or office or in person, by talephone call or by letter. Printed Name 4� 1 4 I 'ilaa i, Address. `�� -- city/state: ac.>wA (A IN FAVOR ( )IN OPPOSI TION REASON: 44, U f' �3d +r5 t J v'��+.^I of +S�E'� { ' /'� r� _,4LS jotf4l r �T � �f"f'pt i V7 ��G' f ►r i r �j l i7 Com' 12`-00 r / J � Signature ` SEE MAP ON REVERSE SJDE Casa No 0021-D5 INFOR Gass Na 21ZN1031 Pfopat Managiv Andrew ornas Ptooeety Gena+0 6 Emerr Ary 2 Icrla:as csxr Zoning Case #0821 -05 Michael McDonough Rezoning for a Property at 6342 Old Brownsville Road From "RS-6" To "FR" b N NO UBJIE PIED O0� O City Council October 12, 2021 Aerial Overview N K. FP 1 SUBJECT 77 PROPERTY i F'✓�. R OL� 2 Zoning Pattern and Adjacent Development N -w Buffer Yards: RS-6 to FR: N/A 1902 Setbacks: Street: 50 feet R24 Side& Rear: 25 feet 1962 R' Sl1UN1LSC II PROO PERW Parking: 1:150 Square feet 00-2 00-2 Uses: Single-Family Home, Gold Course, OCL (QQ4 6L Utilities,Agricultural, and Stables. X00.1 . was� Stables: A public or private stable shall be 0 permitted in accordance with the use � 1� opo o tables in Article 4 provided that the stable 06 CoQ shall be located a minimum of 300 feet from a residential structure that is located on any property in separate ownership. f Land Use Existing Land Use Future Land Use FR F1 as SUBJECT N SUBJECT PROPERTY PROPERTY R �yJN�lttH �N�FR ''cQOR� CtTe." S-1 O Vacant O Med.Density Commercial O Low Density O Commercial O Mixed Use Residential Residential 0 Low Density public/Semi-Public Med.Density Light Industrial Residential Light Industrial Government O O 9 Residential 4 Public Notification 6 Notices mailed inside 200' buffer N 1 Notices mailed outside 200' buffer FR Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: 0 PRoRn In Favor: 6 (5.42%) Notified property owner's land in square S feet/Total square footage of all property in the notification area = owl109 Percentage of public opposition Planning Commission and Staff Recommendation Approval of the "FR" Farm Rural District Utilities N 1 Water: 16-inch DIP SUBJEC7 Wastewater: p�QOp� 4-inch PVC FM Gas: 6-inch Service Line Storm Water: �p4M Roadside ditches 6 5 60P o��Q Air Installation Compatibility Use Zone (AICUZ) FR T R, SUBJECT PROPERTY i CASE: 0821-05 AIR INSTALLATION COMPATIBLE USE ZONE �N�1kt�R Runway s Clear Zone A cciden t Po ten tial Zon e 1 r� S-P Accident Potential Zone 2 o�NSv a''gB / O�p� by d ecrebV.P Seale.1.3.000 ee mme/roere -21 p Ergu F.R Y 1h Ate. " VIC , �... r - a �x �F�Qa�Fli'� y1 ^ ' vvt yTA . .r s 0o L ` I IW .. #e 0 f 1 00 Pr epar 'Pfc 7 y7 -eA�Y � • D 'artn [ 1v m �� �� Y CASE: 0821-05 t` Aerial with Subject Property Subject ` SUBJECT Property PROPERTY CorpusCfrris' ay [Cti Map Scale: 1.-3,000 Mhnsti LOCATION MRP �vs cr �o o AGENDA MEMORANDUM Public Hearing & First Reading for the City Council Meeting 09/07/2021(Tabled) CORPOR I First Reading Ordinance for the City Council Meeting 10/12/2021 1852 Second Reading Ordinance for the City Council Meeting of 10/19/2021 DATE: July 22, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 548 Cole Street CAPTION: Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance zoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and the"RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. SUMMARY: The purpose of the rezoning request is to allow for the construction of an 8-unit townhome development. BACKGROUND AND FINDINGS: The subject property is 0.44 acres in size. The applicant is proposing a townhouse style development consisting of approximately 8 units. The Del Mar Townhomes, Planned Unit Development, will utilize existing public roadways and sidewalks for access. Access to the townhomes will be granted through an internal 24-foot-wide drive. Amenities include open space and a pool. The property is currently zoned "CG-2" General Commercial District and "RS-6" Single-Family 6 District and consists of vacant land. To the north is a is a mixed-use district with commercial uses, parking lots, and residential homes zoned as "CG-2" General Commercial District and "Cl" Commercial Intensive District. To the south are single-family residential homes and an office building zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District. To the east are single-family residential homes zoned "RS-6" Single-Family 6 District. To the west are commercial uses, and by Wynn Seale Junior High/ Metro Elementary School of Design and zoned a "RS-TF" Two-Family District and "CG-2" General Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for mixed-use development. The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Development is consistent with the adopted Comprehensive Plan (Plan CC). Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. The proposed PUD will allow for rentals of less than thirty days. 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 encourage development on difficult sites. This development potentially adds to the character of the neighborhood and helps establish an "urban village" which is an intention of Plan CC. Public Input Process Number of Notices Mailed 22 within 200-foot notification area 2 outside notification area As of May 28, 2021: I n Favor In Opposition 1 inside notification area 2 inside notification area 0 outside notification area 8 outside notification area Totaling 4.79% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the change of zoning from the"CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development on July 7, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0721-01, Southern Builders Co, LLC (District 2). Ordinance zoning a property located at or near 548 Cole Street from the "CG-2" General Commercial District and "RS-6" Single-Family 6 District and to the "RS-TH/PUD" Townhouse 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 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 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 described as being the south 20,782.67 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11 , and 12, Block 35, Del Mar Addition as shown in Exhibit "A". "CG-2" General Commercial District and "RS-6" Single-Family 6 District to the "RS- TH/PUD" Townhouse District with a Planned Unit Development The subject property is located at or near 548 Cole Street. Exhibit A, which is the Metes and Bounds of the subject property with an associated map and Exhibit B, which is a copy of the Del Mar Townhomes PUD (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay 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 Del Mar Townhomes PUD (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalk abutting the property along Cole Street, South Brownlee Boulevard, and South Staples Street shall be rebuilt to city of Corpus Christi Engineering Standards if in disrepair. 3. Solid Waste: The solid waste collection point must be easily accessible by city personnel by a solid waste vehicle. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 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 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 Texas GeoTech LAND SURVEYING, INC. EXHIBIT "A" Being the south 20782.67 sq. ft. tract, being out of the west ten feet of Lot 9 and all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, being more particularly described as follows; BEGINNING on the east right of way line of Staples Street, same being the northwest corner of said Lot 12, same being the northwest corner of this tract; THENCE N 580 54' 00"E with the north line of said Lots 12, 11, 10 and 9, a distance of 113.35 feet to a point for the north corner of this tract; THENCE S 310 06' 00" E being ten feet parallel to the west line of Lot 9, a distance of 135.00 feet to a point of the north right of way line of Cole Street, same being the most easterly corner of this tract; THENCE S 580 54' 00" W with the north right of way line of said Cole Street and with the south line of said Lots 9, 10, 11 and 12, a distance of 153.00 feet to a point of curvature to the right, same being a corner of this tract; THENCE with the curve to the right having a radius of 7.00 feet, an arc length of 11.00 feet, a chord distance of 9.90 feet, a chord bearing of N 76° 06' 00" W and delta angle of 90° 00' 00", said point being a corner of this tract; THENCE N 310 06' 00" W a distance of 93.41 feet to a point on the east right of way line of said Staples Street, same being the southwest corner of this tract; THENCE N 220 20' 38" E with the east right of way line of said Staples Street, a distance of 58.25 feet to POINT OF BEGINNING and containing 20782.67 sq. ft. more or less. 1, JARRE1, L. MOORE. A REGISTERED PROFESSION4L LA.W) SURI'EYOR, DO HEREB)' CERTIFY THAT TO THF. BEST OF A4)" KNOII'LFl>C;E. THIS PLAT RE-PRESENTS AN ACTU.-IL S('UFLY MADE ON THE GROUND UNDER h1Y S1PI:RI"IS90N' AND SUB:S7,1\I/ ILLY COMPLIES H777/ 771E III:\7A11.11.SVA I)RI)S FOR LAND S'URI'E>'ING IN TEXASAS SET FORTH B)" IBE TEXAS BOARIMI PROFESSIONAL LA\/)S( R1/,)016. :11.1) '-. 2II11. OF JARREL L. MOORE el L. Moore MAY 27, 2021 �, 4854 P� ' Register Professional Land Surveyor 210427.doc ���FSUR° yob License Number 4854 1 LOT 9 ND. 5/8" I.R. 3' o' 00 LOT 9Al E 5 $s LOT 9 FND. 5/8" I.R. BLOCK 35 +tom 20782.67 Sq.ft. LOT 10 ry i LOT 11 FND. 5/8" I.R. FND. 5/ LOT 12 FND. 5/8" I.R. FND. 5/8" I.R. r-7.00' cd-9.90' PLAT OF: d— 90''06'0" Being a total of 20782.67 s ft.,made u o d= soroo'oo' g q• P the ten southwest feet of Lot 9, all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, as recorded in Volume 4, Pages 8-10 Map Records ofNueces County,Texas I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— BEARINGS AND DISTANCES ARE BASED ON THE PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION TEXAS STATE PLANE COORDINATE SYSTEM NAD 83 AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND TEXAS SOUTH TEXA ZONE. SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS THIS THE 27TH DAY OF APRIL, 2021 TEXAS GEO TECH G;S7eR LAND SURVEYING, INC �F. * c�;•, 6330 SARATOGA BLVD. SUITE C �S( Corpus Christi, TX 78414 :::::::::::::::.:: (361) 993- 0808 Fax (361) 993-2955 4854 v ' DATE: 04/27/20210 DRAWN: RC JA EL L. MOORS fSS\0?P GISTERED PROFESSIONAL LAND SURVEYOR SCALE: 1" = 30' JOB NUMBER: 210324 LICENSE No. 4854 APPROVED: JLM SURVEY: JN & GC Del Mar Townhomes, P. U. D. Cole and Brownlee Corpus Christi, Texas 78404 Owner / Developer Southern Builders co, LLC 5702 S Staples Ste E-1, Corpus Christi, Texas 78413 Prepared by Chris Montalvo, Developer 5702 S Staples ste E-1, Corpus Christi, Texas 78413 361-765-1725 Chris@corpuschris.com Sept 1, 2021 Del Mar townhomes, P. U. D. Cole & Brownlee Corpus Christi, Texas 78404 Development Description: Delmar townhomes, P.U.D. is a proposed townhome community that will include 8 residential units on 0.477 Acres of land for a density of 17 Units per Acre. The proposed community will be a redevelopment of 0.477 Acres out of Lots 10,11,12 w10' of It 9, block 35, of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas The redevelopment will utilize existing public roadways and, sidewalks for access. This development will complement existing developments in the area. – — – 13 r e a; ,5 • ,.�u r Y". ,ern 4 J s ` i Via. J 3 LOCATION MAP Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area 20782.67 sf Shared Parking (Townhouse) 1,600 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 30% Required Parking 1.5 per 1 bedroom 2 per 2 bedroom and above Curb Type 6" Curb and Gutter Sidewalks 5 ft on each side Paved Street Width 28 ft PUD Requirements Minimum Site Area -20,000 sf (80,281 provided) Shared Parking (Townhouse) 11,400 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 33% Required Parking 1 per 2 bedroom and above 1 for every 4 units (guests) Curb Type 6" Curb and Gutter Sidewalks 5 ft on East side Paved Street Width 25 ft Development Guidelines For Residential Lots (Note: Lot 13 is a common area lot, not a residential lot.) Use Single Family Residential (Townhomes) Lot Area Minimum 3,500 sf Lot Width 35 ft Minimum Yard Requirements: Street 18 ft Garage Door 20 ft Street Corner 10 ft Side yard 0 ft Maximum building height: None Minimum building spacing: 0 ft Parking requirements per unit: 1 per two bedroom and above 16 required Additional parking rear 3 required Total provided 19 provided Maintenance: Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, patios, pavement, fencing, landscaping, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. Development Guidelines For Common Area Lots Use: Non-residential structures for enjoyment and benefit of Del Mar townhome P.U.D. 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: Per the International Building Code Parking Requirement: 0 Spaces Maintenance: Home Owners Association Allowed Improvements: Community structures / amenities including decks, porches, patios, pavement, fencing, landscaping, central mailboxes, play structures, swimming pools, gazebos, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. 8' foot privacy trellis o� r z 0 0 � m m m p M O CD D- � zm mm�� o yN� x/10 J]D .T1� OZ po p C D O~ O D O O D y(7 ti Z O D cl w D N o cn ms � �m r A y m N D A m o ■ J \ J 1 \ NG LINE 90�� \QM. IPF DPOSE TWO TORY ^` • F MON CAR RGE ■ i ■ I I 1 PARKING SPAC S ■ ' I r n n 1 ■ m • mm I co • ^� n ■ I i i 8 PARKING PACES m� 1 A y z Dom ■ � m I m 7FO OPOS D TWO STOR C D> RPLE ONE C R GAI GE r m A z n ■ 7y < z � ■ IL H� do Z m 0 D z T U A Z U O • CK� ti m co a y D m= Hao � D mm a�ym Z r p s C7 G7 z 7 7 7 7 m~ co H O O O O 7 anz m m m m co CO) s o 0 0 n N r W O C1 az F m z m m m O_ z co z H m G) a m a m o "' x m m z 22.0' 24.0' 22.0' PARKING SPACE PRIVATE DRIVE PARKING SPACE m CONCRETE PAVEMENT CROSS SECTION x ` e. , + „ n y R 4P . n ter v! : i � r w. tip. to l Ow �X yJ. fm - � w 1 I y ;.A A4.z._. . • Zoning Case #0721 -01 Southern Builders Co, LLC Rezoning for a Property at 548 Cole Street From "CG-2" and "RS-6" To "RS-TH/PUD" . yam° ..��� �.�".,� � "�• � �' �. � w r w i_ r r \ is t � K cow >, City Council IF October 12, 2021 Aerial Overview ��{y r�.. r� 5g�F PROPERTY h 1 Zoning Pattern and Adjacent Development 1684 1cgs 200M X00� g IBM o Y los JVl 0 !C -2 CR OH 0 A Io 23 1 colt 601 Gd04 1036 Q�d� 1923 1920 4 `W' 11938 3 Public Notification 22 Notices mailed inside 200' buffer 2 Notices mailed outside 200' buffer s F� � atiF Fa � s Notification Area �G Opposed: 2 (4.79%) gym - - - Separate Opposed Owners: 2 �' SUBJECT s G� � PRO.PERTS' _ In Favor: 1 (3.09%) - Notified property owner's land in squaree�'jO feet/Total square footage of all property in the notification area = m➢ �_��q Percentage of public opposition 4 PUD Deviations Minimum "RS-TH" District Proposed PUD Dimensions Standards (TRC Reviewed) 1,600 sf. 1,100 sf. Yes Minimum Lot 16 ft. 16 ft. No Width Street • 10 ft. 10 ft. No Street Yard 10 ft. 10 ft. No • 0 ft. 0 ft. No • 5 ft. 5 ft. No Buffer • 5ft. and fence 5ft. and fence No PUD Deviations cont. ProposedMinimum "RS-TH" District StandardsDimensions Reviewed) Parking 1.5/unit(1 bedroom) 1.5/unit(1 bedroom) Requirement 2/unit(2 bedroom) 2/unit(2 bedroom) No 1/5 units (guests) 1/5 units (guests) Sidewalks on 5 ft. both sides 5 ft.on one side (existing) No perimeter streets Internal Drive 28 ft. 24 ft. Yes Width No internal curb along drive and 6 in. curb&gutter is •- 6 in. curb&gutter Yes required on surrounding streets Rental Time Minimum 30-day rentals Short Term Allowed Yes . E IBB 6 Master Site Plan IIz. 7 -POOL . 2 OON TREES �TM 1/ oLc vnAxixc i L_N-- SOACFs I S�YUUIX e iPL W-0 APNG a RA Ott RAM FO NAL£ 0 vROPOSEPCONCRE EPF FMENT I T � z it _.� u -._ _ _ PROPOSER OVEN SPECS l CIA TREES Ir "�d1 f '-, ---; I vROvpSER BU LR xG EvvROx _.._ PROPF—LINE TEAR1GxW%HflWi N TM BE R5 M� (i A. LL I EE w O w n Orc 11 s sR�toM+Na cAIIASS ICIAL _ E �tts�'�' ; tx.x rwL. '- AL 4— TREES COLE SEEw 1111 SpITW V FEET OF LOT 9,Pll -ILAAGS OF LOIS 10,11,ANO 1Z BLOCN 11. U ix 0i91EPUR. DEL MAR AOOIIION —E I'- 7 Planning Commission and Staff Recommendation Approval with conditions: 1. Planned Unit Development Guidelines and Master Site Plan: Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Del Mar Townhomes Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC)requirements. 2. Pedestrian Access: Sidewalk abutting the property along Cole Street, South Brownlee Boulevard, and South Staples Street shall be rebuilt to city of Corpus Christi Engineering Standards if in disrepair. 3. Solid Waste:The solid waste collection point must be easily accessible by city personnel by a solid waste vehicle. 4. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Land Use Existing Land Use Future Land Use s F 6L � 6G 0 5t N 9qo �5j SU9JECT PROPERTY PROPERTY O Vacant Med.Density Commercial O Low Density Commercial Mixed Use Residential Residential OLow Density O Professional Office-Public/Semi-Public High Density O Med.Density Residential Residential Residential 9 Utilities 1 4 .� Water: 6-inch C900 Wastewater: SUBJECT 8-inch PVC PROP 5 8 Gas: 4-inch Service Line W °F@ 6' 2 Storm Water: .y 21-inch and 18-inch � w RCP Lines � . p Elevations Ba 71 11 1St Story Floor Plan 11 COLE STREET P.U.D. 1ST FLOOR PLRR A6EALALGllLAD4N5: DMO ROOM trvnOulE� t(0 MOUMME RX ¢w�O4 MF11 .1 MMIC I-T 12 2nd Story Floor Plan ❑ L'Y" _ F me.m -= io COLE STREET P.U.D. 1ND FLOOR PLAN pa Fp A_,�_I�lJi_enpNC; GM,nGE cu[� TI��fOucnREUFLET� 13 t 5 a� 1- M � .. � iii � T } ♦ � .. .� PLANNING COMMISSION FINAL REPORT Case No. 0721-01 Planning Commission Hearin Date: July 7, 2021 Owner: Southern Builders Co, LLC Applicant: Christopher P. Montalvo Location Address: 548 Cole Street u Legal Description: 20,782.67 square foot tract, being out of the west ten feet of a Lot 9 and all of Lots 10,11, and 12. Block 35 of the Del Mar Addition, recorded Q °� in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. From: "CG-2" General Commercial District and "RS-6" Single-Family 6 District To: "RS-TH/PUD" Townhouse District with a Planned Unit Development 'E s Area: 0.477 Acres N Purpose of Request: To allow for the construction of a townhouse style development. Existing Zoning District Existing Future Land Use Land Use "CG-2" General Commercial Site District and "RS-6" Single-Family Vacant Mixed-Use 6 District "CG-2" General Commercial North District and "Cl" Commercial Commercial Mixed-Use 'E Intensive District ° Low-Density "RS-6" Single-Family 6 District Residential and J South and CG-2 General Commercial Professional Mixed-Use u, District Office X LU Low-Density East "RS-6" Single-Family 6 District Residential Mixed-Use "RS-TF" Two Family District and Mixed-Use and West "CG-2" General Commercial Commercial Commercial District 06 Area Development Plan: The subject property is located within the boundaries a of the Midtown Area Development Plan and is planned for mixed-use. The M ° proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit a o Development is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 2 Zoning Violations: None Staff Report Page 2 Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Cole Street which is designated as a Local Street, ° approximately 95 feet of street frontage along South Brownlee Boulevard which is also designated as a Local Residential, and approximately 60 feet of street ° frontage along South Staples Street which is designated as a "Al"Arterial street. a N According to the Urban Transportation Plan, "Al" Arterial Streets can convey a L capacity between 15,000 and 24,000 Average Daily Trips (ADT), and "Cl" Minor Collector Streets can convey a capacity between 1 ,000 and 3,000 Average Daily Tris (ADT). Street Urban Transportation Plan Proposed Existing Traffic Type Section Section Volume Cole Local Residential 50' ROW 80' ROW Not C; Street 28' paved 50' paved Available South 50' ROW 50' ROW Not Brownlee Local Residential Boulevard 28' paved 30' paved Available Cn South 95' ROW 1 00' ROW 7979 Staples "A1" Arterial street 64' paved 60' paved ADT Street 2013 Staff Summary: Development Plan: The subject property is 0.477 acres in size. The applicant is proposing a townhouse style development consisting of approximately 8 units. The Del Mar Townhomes, Planned Unit Development, will utilize existing public roadways and sidewalks for access. Access to the townhomes will be granted through an internal 24- foot-wide drive. Amenities include open space and a pool. Additional information may be found in the PUD documents. Minimum "RS-TH"District Proposed PUD Dimensions Standards TRC Reviewed) Deviation Lot Area 1,600 sf. 1,400 sf. Yes Minimum Lot 16 ft. 16 ft. No Width Street Yard 10 ft. 10 ft. No Street Yard 10 ft. 10 ft. No Corner Side Yard 0 ft. 0 ft. No Rear Yard 5 ft. 5 ft. No Buffer Yard 5ft. and fence 5ft. and fence No Parking 1.5/ unit(1 bedroom) 1/ unit (2 bedroom) Requirement 2/ unit (2 bedroom) 1/4 units (guests) Yes 1/5 units (guests) Sidewalks along 5 ft. both sides 5 ft. on one side (existing) No perimeter streets Staff Report Page 3 Internal 28 ft. 24 ft. Yes Drive Width No internal curb along drive and Curb Type 6 in. curb & gutter 6 in. curb & gutter is required on Yes surrounding streets Rental Time Minimum 30-day rentals Short Term Allowed Yes Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial District and "RS-6" Single-Family 6 District and consists of recently vacant land. To the north is a mixed-use district with commercial uses, parking lots, and residential homes zoned as "CG-2" General Commercial District and "Cl" Commercial Intensive District. To the south are single-family residential homes and an office building zoned "RS-6" Single-Family 6 District and "CG-2" General Commercial District. To the east are single-family residential homes zoned "RS-6" Single-Family 6 District. To the west are commercial uses, and by Wynn Seale Junior High/ Metro Elementary School of Design and zoned a "RS-TF" Two-Family District and "CG-2" General Commercial 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: 6-inch C900 line located at Cole Street. Wastewater: 8-inch PVC line located at Cole Street Gas: 4-inch Service Line located at South Brownlee Boulevard. Storm Water: 21-inch and 18-inch RCP along South Brownlee Boulevard and Cole Street respectively. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for mixed-use development. The proposed rezoning to the "RS-TH/PUD" Townhouse District with a Planned Unit Development is consistent with the adopted Comprehensive Plan (Plan CC) and does not warrant an amendment to the Future Land Use Map. The following policies should be considered: • 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). • 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 Staff Report Page 4 needs, and characteristics of each use (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 consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • The property is designated as per the future land use as mixed-use. As per Plan CC, there is no maximum density for mixed-use area. This adds to the character of the neighborhood and helps establish an "urban village" which is an intention of Plan CC. • Technical Review Committee's only comments came from the Fire Department, including, but not limited to these Requirements: will include 2-hour fire separation between units, sprinklers in units with three stories, the access drive to the townhomes shall be built as to support the imposed load of fire apparatus weighing at least 75,000 lbs., and a "No Parking Fire-Lane" shall be provided. Staff Recommendation: Approval of the change of zoning from the "CG-2" General Commercial District and "RS- A" Single-Family 6 District to the "RS-TH/PUD" Townhouse 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 The Del Mar Townhomes (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalk abutting the property along Cole Street, South Brownlee Boulevard, and South Staples Street shall be rebuilt to city of Corpus Christi Engineering Standards if in disrepair. 3. Solid Waste: The solid waste collection point must be easily accessible by city personnel by a solid waste vehicle. 4. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Staff Report Page 5 Number of Notices Mailed — 22 within 200-foot notification area 2 outside notification area As of July 22, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 2 inside notification area — 8 outside notification area 0 z Totaling 4.79% of the land within the 200-foot notification area in opposition. *Created by calculating the area of land immediately adjoining the subject a property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 6 CP 13 21 r3 Lf} C9 _L7 22 14 (A 20 E5 PROPERTY 3 Rs- z CG-2 HE-TF .2 16 2 1OXY 0 7511 Dam clund-&2&2w 1 CASE: 0721-01 ZONING & NOTICE AREA s JECT OhIE PR PERT vYf ME -^ _ [,r_ _ 5`] PA1k Ami a/mmrd.:owie � 111 0 X, ILOCATION MAP Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact 'ie Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades gue tienen la intencian de asistir a esta Punta y cue re uieren servicios es eciales se les su lieu que den aviso 48 horas antes de la 'unta Ilamando al de artamento de sarvicios de dr,sarrolio, al numero[3617 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 dirrglrse a la commission durante la unta y su in les es limitado favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la unta Para solicitar un inter rete ser presente durante la 'unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219, 90 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford 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. July 7, 2021, 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- 777. 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: 41 V W Address: ON City/State: $ IN FAVOR ( } IN OPPOS!TION Phone REASON: VV Signature SEE MAP ON REVERSE !bE Case No.0721-01 INFOR Case No.: 21ZN4 Project Manager:Craig Garrison Property Owner ID: 17 ' Email: CraigG1g2exas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con incapacidades aue tienen la intencibn de asistir a esta junta yclue requieren servicios especiales se les suprica aue den aviso 48 horas antes de la junta Ilamando al devartamento 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 dingirse a fa commission durante la junta v su inalas 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 int6rorete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 94 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of Scuth Staples Street, north side of Cole Street, and south of Clifford 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, July 2021, 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. D. 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: T�F wl-9 �-r TAA l tX Address: ( 7 �6 S .z . City/State: C '1 T_Y_' (?�} IN FAVOR ( ) IN OPPOSITION Phone: REASON: Signature SEE MAP ON Rr=VERSESID Case No.0721-01 IN FOR Case No.: 21ZN1025 Project Manager:Craig Garrison Property Owner ID:14 Email: Crai GC(kketexas-com Persons with disabilities planning to attend this meeting who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades. cue tienen la intenciyn de asistir a esta junta v que requieren servicios especiales se les suplica gue den aviso_48 horas antes de la junta Ilamando al de artamento de servicics de desarrollo al n6mero_(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 durance la junta v su inches es limitado,favor de Lamar al departamento de servicios de desarrollo at numero(361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0729-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6-District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resulting in a change to the Future Land Use Mao. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford 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, July 7, 2021,_ 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 6E 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 shaii 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: —Jo� ° �i s4 �.C- Address: � � �' 0 Z� A Cit ate -z� y�'- ,- ( ) IN FAVOR IN OPPOSITION Phone: REASON: nature SEE MRP ON REVERSE SIDE Case No.0721-01 IN! OR Case No.: 21ZN1425 Project Manager:Craig Garrison Properly Owner ID: 22 Email:CraigGCdcctexas-com JOSEEPHINE HERRO 501 DEL MAR BLVD CORPUS CHRISTI,TEXAS 78404 361-882-8557 JULY 6,2021 RE: REZONING CASE NO. 0721-01 Dear City Planning Commission: I am in opposition to this zoning change. Although this may bring future business to the area for Six Points it is not a choice I can make right now. I foresee increase traffic in this area. I live in a residential area and would like to keep this area for residential. I would like to know how many of these type of PLANNED UNIT DEVELOPMENT(PUD)are in our Corpus Christi community right now and are they selling well. Sincerely, Josephine 1erro vp [Department rsons with disabilities planning to attend this meeting, who may r wire s at least 48 hours in advance at (361) 826-3240. Personas cpn incaraa d des ue tenensla ntencianted to adect tasishe ti ,met Saervices reavieren servicios es eciales se les su lica ue den aviso 48 horas antes de la junta Ilamando al de anamenta de serviaos de d rrolloal mero 361 $26 3240ou wish to address the Commission during the meeting and your English is limited, please call the Developmerii Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting,Si usted desea diriaiM a!a commission durante la unto su in les es limitado favor de Ilamar ai de artamento de servicios de desarmllo al numero 361 826-3240 al menos 48 horns antes de is Lnta ora solicit run ir:fe rete er resente durante la"unto. CITY PLANNING COMMISSION PUBLIC NE�4RING NOTICE Rezoning Case No. 0721-01 Southern Builders Co LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District ant! the RS-6" Sin le-Famil 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Development not resulting in a change to the Future Land Use Man. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq. ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford 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 Wednesda Jul 7 T021, during one of the Planning Commission's regular meetings, which begins at 5:3D pM 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 13y-Laws, no discussion sIt -e 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 by telephone call or by letter. person, Printed Name: .� i -- Address.,_ pCity/State: r 1-51; (--}-W-FAVOR 04N OPPOSITION j I Phone: REASC)N D n_„�i� �(� vw,?v jZ,o b I�vl.3 cot emn eIV f 4�/r` ' ImAla 205,5 nature ,EE MAP ON REVERSE SIDE I FOR Case No.:21ZN1025 Case No.0721-01 Prop,y owner ID.:22 Project Manager.Craig Garrison Email;CraiG coexas.com City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi,Texas 78469 a4 �o PHl3P6�TY CASE: 0721-01 - _ scWjEcr PROPERTY Wfffi ZONNO via �I� JvV• _ v"`___. R-f �T [ tly M.t fir! �q■6��YtiN mi:r�yr�p..w� ss a.sw�rs b./ err*�w..Hwi �3G�wytF NLTr msrrrr�e.rpri.w �� twb a-t M�i+Wrr�'y w =""Yet �' MfilR�6weas J c Persons with disabilities planning to attend this meeting, who may require special services, are requested-to-c-0 ntact the Development Services ) �epartmenf at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intention de asistir a esta junta y aue re uieren servicios espe se les su lica ue den aviso 48 hams antes de la unta Ilamando al de artamento de servicics de desarrollo al LB-2y6-3240 ery 361 826-3240. u wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dirt irse a Ia commission durante la su in lbs es iimitado favor de Itamar al de artamento de servcics de desarrollo al numery 381 825-3240 al menos 48 horas antes de la ara solicitor un into rete ser resente durante Ia ilintA. CITY PLANNING COMMISSION PUBLIC WEARING NOTICE Rezoning Case No. 4721-01 Southern Builders Co LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Sinale-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resultin in a char ie to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq, ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford 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 Wednesda July-7, 2021, 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{5J AND M IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS MAILED 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD- k&E.- - accorda - — - --- OTE: fn nce with the Planning Commission ey-Law_—s, no discussion shalt 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:-0R Cr D -t- ?Qo X►1 h1 A 46 by A 1L 1 D CS Address: S-el2 0tz MAR & iI City/State: 6aef'od+5 t�r�rrF'!S 7� ,lam kms ( ) 1N FAVOR IN OPPOSITION Phone,_ ,,3� j- 99z REASON: 1, �f6 U�. ..� ��►v S r �y r 5 -X Ce,6 Z)-e P/j0P,60eTr ull,tvcs ga daww 3 — 8 --s,. S4'� P977-AChrG CI' PAY-G- Signature _15EE MAP ON REVERSE SIDE INFOR Case No.: 21ZN1025 Case No. 0721-01 Property Owner ID. 22 Project Manager:Craig Garrison Email:Grai G cctexas.com The Reasons against zoning changes. (There are too many reasons to fit in the snail area on the form). 1- Housing density is exceeded 2- Property values goes down 3-AirBNB bring a different kind of people a revolving door every 2 days 4-There would not be enough parking 5-A nonresident is doing this zoning change and project 6-Traffic / noise on such small streets 7- Del Mar has been a prestigious single family housing neighborhood since the 1920's 8-Surfside has reminded us that building codes and rules need to be followed forever Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas_ con incaoacidades que tienen la intencian de asistir a esta junta y aue requieren servicios especiales, se les suolica clue den aviso 48 horas antes de la junta llamando al deDartamento de servicios de desarroll_o al numero(361)826-3240 - - It 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.St usted desea dirigirse a la commission durance la unto y su fin !es as limitado favor de hamar al ftipartamento de servicics de desarrollo al numero 351 826-3240 al menos 48 horas antes de la unto Para solicitar un int6r rete ser presente durante la'unto. CITY PLANNING COMMISSiON PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co, LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THiPUD" Townhouse District with a Planned Unit Development, not resultin-q in a change to the Future Land Use Marg. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq, ft. tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford 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, July 7, 2021, 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, THfS FORM MUST BE FILLED OUT, SfGNED 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 discusslon 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: 2_,) City/State: ( } IN FAVOR ( POSITION Phone: REASON: Signatu e _.SEE MAP ON REVERSE SIDE INFOCase No. 0721-01 Props Case er 121ZN1025 Project Manager:Craig Garrison Prope y owner!D: 22 Email:Grafi G cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services D epartment at feast 48 hours in advance at (361) 826-3240. Personas cern inca acidades ue tienen la intention de asistir a esta junta Y gue re uieren servicios es eC1aleS se les su lica nige den aviso 48 horas antes de la junta llamando at departamento de servidos de desarrollo al numerc 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,Sj usted desea diri irse a is commission durante la junta V su in ids es limitado favor de"n—al de arta ngnto de servicios de desarrollo al numero 361 826-3240 al mends 48 horas antes de la junta para solicitar un intj6r rete ser resente durante la unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co. LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-S" Sin-gle-Family 6 District to the "RS-TH/PUD" Townhouse District with a Planned Unit Develo mens not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219. 90 sq. ft, tract. being out of the west ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford 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 Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council- The public hearing will be held on Wednesday,July 7, 2021, 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. TD 8E 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- D, BOX 9277, CORPUS CHRISTI, TEXAS 784�i9- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. -_ __ NOTE: In accordance with the Planning Commission ay-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: ,5D DX MtJ r 044 • City/State: r �s Ch�l s� ( 7 iN FAVOR IN OPPOSITION Phone: REASON; t JvL . U 5lgnature - SEE MAP ON REVERSE SIDE WFOR Case No.. 21ZN1025 Case No. 0721-01 Property Owner ID; 22 Project Manager:Craig Garrison Email:Crai G _cctexas.com Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Developmeni Services Department at least 46 hours in advance at (361) 826-3240. Personas con inca acidades ue tienen la intenci6n de asistir a esta unta ue re uieren servicios es gciales se les su lica Que den aviso 48 hams antes de la junta Ilamando al departamenta de servicins de desarrollo, al numero 361 826-3240, It 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 unto y su in les es limitada favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 a!menos 48 horas antes de la junta para soticitar un interorete ser present-durante la Lunta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0721-01 Southern Builders Co LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "CG-2" General Commercial District and the RS-6" Single-Family 6 District to the "RS-THIPUD" Townhouse District with a Planned Unit Development, not resultina in a Chan-e to the Future Land Use Map. The property to be rezoned is described as: Located at or near 548 Cole Street and described as being the south 19,219.. 90 sq. ft. tract. being out of the went ten feet of Lot 9 and all of Lots 10, 11, and 12, Block 35, Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, located along the east side of South Staples Street, north side of Cole Street, and south of Clifford Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andlor 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, July 7 2021, 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 FELLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS}AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. ❑. BOX 9277, CORPUS CHRISTI, TEXAS 78459- 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 dame: r i Q �hC��_ \J'or) Address: '509 �� tOjr O b A City/State:QI? ( } IN FAVOR (}�} IN OPPOSITION PhonOZW PS'S_-- " REASON; !V (i C{ (JjCt YVI:74� 4opee4y Va (U_e/�, Signat�e ��� SEE MAP ON REVERSE SIDE Case No.0721-01 iNFOR Case No. 21ZN1025 Project Manager:Craig Garrison Prope,ly Owner ID: 22 Email:CraigGt5cclexas.com Texas GeoTech LAND SURVEYING, INC. EXHIBIT "A" Being the south 20782.67 sq. ft. tract, being out of the west ten feet of Lot 9 and all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas, being more particularly described as follows; BEGINNING on the east right of way line of Staples Street, same being the northwest corner of said Lot 12, same being the northwest corner of this tract; THENCE N 580 54' 00"E with the north line of said Lots 12, 11, 10 and 9, a distance of 113.35 feet to a point for the north corner of this tract; THENCE S 310 06' 00" E being ten feet parallel to the west line of Lot 9, a distance of 135.00 feet to a point of the north right of way line of Cole Street, same being the most easterly corner of this tract; THENCE S 580 54' 00" W with the north right of way line of said Cole Street and with the south line of said Lots 9, 10, 11 and 12, a distance of 153.00 feet to a point of curvature to the right, same being a corner of this tract; THENCE with the curve to the right having a radius of 7.00 feet, an arc length of 11.00 feet, a chord distance of 9.90 feet, a chord bearing of N 76° 06' 00" W and delta angle of 90° 00' 00", said point being a corner of this tract; THENCE N 310 06' 00" W a distance of 93.41 feet to a point on the east right of way line of said Staples Street, same being the southwest corner of this tract; THENCE N 220 20' 38" E with the east right of way line of said Staples Street, a distance of 58.25 feet to POINT OF BEGINNING and containing 20782.67 sq. ft. more or less. 1, JARRE1, L. MOORE. A REGISTERED PROFESSION4L LA.W) SURI'EYOR, DO HEREB)' CERTIFY THAT TO THF. BEST OF A4)" KNOII'LFl>C;E. THIS PLAT RE-PRESENTS AN ACTU.-IL S('UFLY MADE ON THE GROUND UNDER h1Y S1PI:RI"IS90N' AND SUB:S7,1\I/ ILLY COMPLIES H777/ 771E III:\7A11.11.SVA I)RI)S FOR LAND S'URI'E>'ING IN TEXASAS SET FORTH B)" IBE TEXAS BOARIMI PROFESSIONAL LA\/)S( R1/,)016. :11.1) '-. 2II11. OF JARREL L. MOORE el L. Moore MAY 27, 2021 �, 4854 P� ' Register Professional Land Surveyor 210427.doc ���FSUR° yob License Number 4854 1 LOT 9 ND. 5/8" I.R. 3' o' 00 LOT 9Al E 5 $s LOT 9 FND. 5/8" I.R. BLOCK 35 +tom 20782.67 Sq.ft. LOT 10 ry i LOT 11 FND. 5/8" I.R. FND. 5/ LOT 12 FND. 5/8" I.R. FND. 5/8" I.R. r-7.00' cd-9.90' PLAT OF: d— 90''06'0" Being a total of 20782.67 s ft.,made u o d= soroo'oo' g q• P the ten southwest feet of Lot 9, all of Lots 10, 11 and 12, Block 35 of the Del Mar Addition, as recorded in Volume 4, Pages 8-10 Map Records ofNueces County,Texas I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— BEARINGS AND DISTANCES ARE BASED ON THE PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION TEXAS STATE PLANE COORDINATE SYSTEM NAD 83 AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND TEXAS SOUTH TEXA ZONE. SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS THIS THE 27TH DAY OF APRIL, 2021 TEXAS GEO TECH G;S7eR LAND SURVEYING, INC �F. * c�;•, 6330 SARATOGA BLVD. SUITE C �S( Corpus Christi, TX 78414 :::::::::::::::.:: (361) 993- 0808 Fax (361) 993-2955 4854 v ' DATE: 04/27/20210 DRAWN: RC JA EL L. MOORS fSS\0?P GISTERED PROFESSIONAL LAND SURVEYOR SCALE: 1" = 30' JOB NUMBER: 210324 LICENSE No. 4854 APPROVED: JLM SURVEY: JN & GC Del Mar Townhomes, P. U. D. Cole and Brownlee Corpus Christi, Texas 78404 Owner / Developer Southern Builders co, LLC 5702 S Staples Ste E-1, Corpus Christi, Texas 78413 Prepared by Chris Montalvo, Developer 5702 S Staples ste E-1, Corpus Christi, Texas 78413 361-765-1725 Chris@corpuschris.com Sept 1, 2021 Del Mar townhomes, P. U. D. Cole & Brownlee Corpus Christi, Texas 78404 Development Description: Delmar townhomes, P.U.D. is a proposed townhome community that will include 8 residential units on 0.477 Acres of land for a density of 17 Units per Acre. The proposed community will be a redevelopment of 0.477 Acres out of Lots 10,11,12 w10' of It 9, block 35, of the Del Mar Addition, recorded in Volume 4, Pages 8-10 of the Map Records Nueces County, Texas The redevelopment will utilize existing public roadways and, sidewalks for access. This development will complement existing developments in the area. – — – 13 r e a; ,5 • ,.�u r Y". ,ern 4 J s ` i Via. J 3 LOCATION MAP Development Standards per City of Corpus Christi Unified Development Code Minimum Site Area 20782.67 sf Shared Parking (Townhouse) 1,600 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 30% Required Parking 1.5 per 1 bedroom 2 per 2 bedroom and above Curb Type 6" Curb and Gutter Sidewalks 5 ft on each side Paved Street Width 28 ft PUD Requirements Minimum Site Area -20,000 sf (80,281 provided) Shared Parking (Townhouse) 11,400 sf Minimum Dwelling Width (Shared Parking) 16 ft Minimum Street Yard 10 ft Minimum Street Yard (Corner) 10 ft Minimum Side Yard 0 ft Minimum Side Yard (Total) 0 ft Minimum Rear Yard 5 ft Minimum Building Separation 10 ft Minimum Open Space 33% Required Parking 1 per 2 bedroom and above 1 for every 4 units (guests) Curb Type 6" Curb and Gutter Sidewalks 5 ft on East side Paved Street Width 25 ft Development Guidelines For Residential Lots (Note: Lot 13 is a common area lot, not a residential lot.) Use Single Family Residential (Townhomes) Lot Area Minimum 3,500 sf Lot Width 35 ft Minimum Yard Requirements: Street 18 ft Garage Door 20 ft Street Corner 10 ft Side yard 0 ft Maximum building height: None Minimum building spacing: 0 ft Parking requirements per unit: 1 per two bedroom and above 16 required Additional parking rear 3 required Total provided 19 provided Maintenance: Home Owners Association Allowed Improvements: Residential structures, support structures including decks, porches, patios, pavement, fencing, landscaping, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. Development Guidelines For Common Area Lots Use: Non-residential structures for enjoyment and benefit of Del Mar townhome P.U.D. 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: Per the International Building Code Parking Requirement: 0 Spaces Maintenance: Home Owners Association Allowed Improvements: Community structures / amenities including decks, porches, patios, pavement, fencing, landscaping, central mailboxes, play structures, swimming pools, gazebos, etc. Placement of Improvements: Within the limits of individual lots and setbacks and outside of easements with the exception of fences, paving and landscaping. 8' foot privacy trellis o� r z 0 0 � m m m p M O CD D- � zm mm�� o yN� x/10 J]D .T1� OZ po p C D O~ O D O O D y(7 ti Z O D cl w D N o cn ms � �m r A y m N D A m o ■ J \ J 1 \ NG LINE 90�� \QM. IPF DPOSE TWO TORY ^` • F MON CAR RGE ■ i ■ I I 1 PARKING SPAC S ■ ' I r n n 1 ■ m • mm I co • ^� n ■ I i i 8 PARKING PACES m� 1 A y z Dom ■ � m I m 7FO OPOS D TWO STOR C D> RPLE ONE C R GAI GE r m A z n ■ 7y < z � ■ IL H� do Z m 0 D z T U A Z U O • CK� ti m co a y D m= Hao � D mm a�ym Z r p s C7 G7 z 7 7 7 7 m~ co H O O O O 7 anz m m m m co CO) s o 0 0 n N r W O C1 az F m z m m m O_ z co z H m G) a m a m o "' x m m z 22.0' 24.0' 22.0' PARKING SPACE PRIVATE DRIVE PARKING SPACE m CONCRETE PAVEMENT CROSS SECTION so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of October 12, 2021 1852 Second Reading for the City Council Meeting of October 19, 2021 DATE: September 29, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Director of Finance and Procurement Heatherh3@cctexas.com 361-826-3227 Amending the City of Corpus Christi's Film Ordinance CAPTION: Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance waivers, and providing for existing penalties SUMMARY: This agenda item is requesting approval of proposed changes to the City of Corpus Christi's current Film Ordinance to provide clarifying language on when film makers are required to obtain a permit and insurance for filming within the city limits and on City property in accordance with the First Amendment. BACKGROUND AND FINDINGS: Recently a situation occurred which resulted in confusion as to when permits and insurance are required for film making within the city limits of Corpus Christi. As a result, local filmmakers approached the City of Corpus Christi and the Film Commission requesting an update to the existing Film Ordinance which would allow for an exemption of insurance requirements. Visit Corpus Christi (VCC) staff researched existing Film Ordinances in Austin, Denton, EI Paso, San Marcos, San Antonio, Seattle, Washington, and Atlanta, Georgia to identify best-practices in film-friendly communities regarding local filmmakers and permit and insurance requirements. These ordinances were compared to the current City Ordinance and VCC worked with City staff to recommend clarifying changes to reflect the best practices found in other cities' ordinances. These proposed changes were reviewed with a small group of representatives from the local film community and feed-back was given and incorporated where appropriate. The proposed changes do not overhaul the existing film ordinance but rather provide clarifying language to make it easier to determine when a permit and insurance is required to be obtained. A permit and insurance are only required when filming requires the exclusive use of public property. ALTERNATIVES: City Council could choose to not amend the ordinance to include the clarifying language. FISCAL IMPACT: None Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: City staff recommends approval of the ordinance amendment to include clarifying language on when film makers are required to obtain a permit and insurance for filming within the city limits and on City property in accordance with the First Amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the City's Film Ordinance to only require permits for filming that excludes the public from public property, providing for fee and insurance waivers, and providing for existing penalties. WHEREAS, the State of Texas, through the Texas Film Commission, provides incentives for qualified production of motion pictures, television series, commercials, music videos, interactive games and animation in the State; and WHEREAS, the City of Corpus Christi benefits from the Industry's growth in the State, both economically and culturally, including through job creation, employment, construction of infrastructure, patronization of restaurants, hotels and other local businesses and rental of real property and equipment; and WHEREAS, the City is committed to meeting the needs of the Entertainment Industry while simultaneously sustaining the quality of life of its citizens and businesses; and WHEREAS, it is in the best interest of the City to utilize the Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau, which will be dedicated to meeting the needs of the Entertainment Industry and coordinating forthe related needs of Corpus Christi's citizens and businesses; and WHEREAS, the City of Corpus Christi desires to amend Chapter 36 of the Code of Ordinances to clarify the requirements for a Filming Permit, in light of the requirements of the First Amendment of the United States Constitution, and provide the City Manager, or designee, with the ability to waive application fees and insurance requirements in certain situations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended by amending Chapter 36, Article III "Procedures, Guidelines and Fees for Commercial Filming," by adding the underlined language and removing the -s+r„nL +hre,,nh IaRg lag , to read as follows: "ARTICLE III. Procedures, Guidelines and Fees for Go—mi. .pern-i-4 Filming Sec. 36-80. Definitions. "Applicant" means the person or entity filming when such filming requires the exclusive use of Public Property and applying for a Filming Permit. entity GGGF liRatiRg IGn._fiA_nc_ fr9r fho "City Manager" means the City Manager or h'�e designee, the Gity's SpeGi"rcri-EY�cr�rfc$ "Element" means an activity involving or item of City of Corpus Christi property to be used during the filming. "Entertainment Industryk"means the industry involved in production of motion pictures, television series, commercials, music videos, interactive games and animation, where the final product is intended to be commercially released and/or commercially distributed. "Film Commission" means the Corpus Christi Film Commission Office at the Corpus Christi Convention and Visitors Bureau. "Local Film Maker" means any film maker that resides in the following counties: Nueces, Kleberg, Jim Wells, San Patricio, Live Oak, Bee, Refugio, Goliad, Victoria and Aransas. "Low-Impact Production" means a production that meets all of the following conditions: no generator, not more than 10 people in the crew at any one time, no moving production motor vehicles on camera (i.e. filming only passing traffic), no exclusive use of a street right-of-way by production vehicles or pedestrians, no exclusive use of a pedestrian right- of-way (i.e. no closure of a sidewalks), and no involvement or use of alcoholic beverages, car pursuits, stunts, aircraft or pyrotechnics. It shall be the responsibility of the Applicant to provide adequate written proof to the City Manager to establish that a production qualifies as a Low-Impact Production. "Project" means the entire scope of work associated with the Filming Permit. "Public Property" means City Property (including but not limited to City streets, rights-of- way, buildings, and park facilities), City equipment, and/or City personnel. Sec. 36-81. Purpose and Scope. (a) The City Council recognizes there is a need to allow for ^^mmor^;a' film-making activities in the City in a manner that protects the health, safety and welfare of the public by establishing guidelines and procedures pertinent to filming,which involves Public Property ^i+„ nr^noP+„ eq iipMeRt and PeFSPr,r,oi. The City of Corpus Christi has strategically identified filming as a valuable economic sector and one of the City's goals is to encourage filmmakers to continue producing film projects in the City. (b) These procedures govern requests for use of Public Property or s+ty preperty (streets ht:§i ef ways,, parksitio96) GemmeFG use of private property which may affect adjacent Public Property , +;c „sso ^f Gity on TeR a d PeFSGR el in the filming of movies, TV shows, commercials, social media videos, and related activities. To the extent that this Article is inconsistent with or conflicts with any provision of the Code of Ordinances, this Article supersedes any such provision (i.e., sections regarding use of city rights- of-way, temporary street closures, and any other provisions inconsistent with this Article). This ordinance is intended to lav out the process to obtain a Filming Permit for film projects that require exclusive use of Public Property and is not intended to impede or place restrictions on film projects to the extent that such projects do not require exclusive use of Public Property. (c) This Article does not apply to the filming conducted by a governmental entity orof-a the filming of a public meeting (as "meeting" is defined by Chapter 551 of the Texas Government Code), nr filming nnnrdiigtoiJ�n orJi ino+inn�l inc+i+i i+inn Sec. 36-82. City and City Manager Authority. (a) The Applicant agrees that the City shall have full control over the use of the City rp operty Gi+„S+roo+S paFkc faGili+ies and pFepeFt y of the G4+ while being used in the filming, as well as control over the hours of production and the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be detrimental to the public health, safety and welfare. (b) The Applicant agrees to allow the respective City Departments (i.e., Police, Fire, Development Services, Risk Management, Parks and Recreation) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the City Manager. Sec. 36-83. Corpus Christi Film Commission (a) The Corpus Christi Film Commission at the Corpus Christi Convention and Visitors Bureau is designated as the City's agent for the Filming Permit. The Film Commission will be the first point of contact for the Filming Industry and will administer the Filming Permit process in conjunction with the City Manager's designee. (b) Additionally, the Corpus Christi Film Commission shall be responsible for marketing Corpus Christi, in association with the Texas Film Commission, to the Entertainment Industry and maintaining a database of local resources for entertainment production. Sec. 36-84. Permit Requirements. (a) Prior to filming that requires the pFe6sfibed exclusive use of.E-public roperty{may tree+ Fight_nf_way, garb faGility, eq iipMeRt nr norcnnRO a Filming Permit must be obtained. NG Filming P49FMit 0.6 required by the Gity unless; the n+or+�inmon+ 'Rd G+r„ �AIArFi is r.orfnrmorl nr, o.ihli+ ornnor+„ No Filming Permit is required if the filming does not require exclusive use of Public Property. (b) Filming Permits shall be issued by the Film Commission. Permits shall be issued to the Applicant and will specify the filming that may occur at a particular location at a particular time. (c) The Filming Permit Application will be evaluated by the Film Commission and City staff, and the elements requested will be considered for approval. The Filming Permit will authorize the element(s) to be performed as part of the filming. (d) In the event that permission to perform an element is denied by the City Manager or the Film Commission, the remainder of the Filming Permit can be granted for all other aspects of the Filming for which the requirements have been met. (e) An Applicant that receives a Filming Permit is responsible for knowing and complying with all local, state and federal laws, including other ordinances and regulations that establish prerequisites, authorizations and other required permissions applicable to the filming. (f) Where permitted, filming includes advertising signs orother displays of commercial speech, and the signs and/or displays must be removed upon the expiration of the Filming Permit. (g) Notwithstanding any other part of this code, any Applicant that performs filming without receiving a Filming Permit, violates the material terms of a Filming Permit, or is otherwise in violation of this Epteaaai.prn Filming Ordinance, shall be subject to penalties as provided in Section 1-6 of the Code of Ordinances. (h) The issuance of a permit shall not grant the Applicant a constitutionally protected property interest. All applications for permits shall be in the form prescribed and shall contain the information and exhibits required by this Article. All applications for permits shall be signed by the Applicant or the designated representative se+Re FGPFGSGRta of the Applicant having due and legal authority to enter into contracts binding upon the Applicant. (i) When more than one application is received for filming at substantially the same place and time, and the Film Commission reasonably determines that both filmings cannot logistically and/or safely occur together, the earlier or earliest of the applications that is received by the Film Commission in a substantially completed form, which includes submission of the requisite application fee, shall be given priority as to the time and place requested. The Corpus Christi Film Commission may make reasonable efforts to consult with the other applicant(s) in an attempt to find alternative times and/or locations that are acceptable. Sec. 36-85. Processing of Filming Permit Applications. (a) The Application shall include, but not be limited to, the following: (1) Filming Project Name; (2) Applicant Name, Contact Information including a valid phone number and email address, and Photo Identification; (3) Producer (or Designee's) Name and Contact Information; (4) Dates, Times and Locations of Preproduction, Filming and Wrap Activity; (5) Description of Filming Activity at each Location; Supplemental script pages, Treatments or Storyboards may be required as part of this component (6) Description of any elements that may be performed during the filming, including the dates, times and locations of each; (7) Description of any aspects of the filming, other than the elements, that may require City services; (8) Description of any assistance the Applicant may need from the Film Commission, and/or concerns the Applicant wants the Film Commission to be aware of; (9) Evidence of insurance as required in section 36-87 of this code; (10) Identification of adequate restroom facilities, waste disposal facilities and a sufficient supply of potable water to accommodate the participants during the filming activity; (11) Report listing the number of vehicles and types of equipment to be used during the filming, including proposed hours of use and proposed parking locations. Such locations will need to be specifically approved by the City so as to maintain traffic safety. On-street parking or use of public parking lots is subject to City approval. The use of exterior lighting, power generators, or any other noise or light-producing equipment requires on- site approval of the City Manager. (b) Application Time - A Filming Permit Application must be submitted to the Film Commission within the time frames below: (1) G9M MT FGials eF EpisedisTele��r All Filming Other than Feature Films. A minimum of 3 business days before the filming, or any substantial activity related to the project, begins. (2) Feature Films. A minimum of 5 business days before the filming, or any substantial activity related to the project, begins. Application Fee - All applications for Filming Permits shall be accompanied by a filing fee of tWGRt„ fi„o dollars ($25.99).$25.00. The Gity A r may ,naive this T .zatcrcn's nen_Prefit 16teAtl_18. The AppliGatiGRFee sa�waiv fer I enA1 Cilm Makers if they are registered filmmakers with the Cilm C;9mmissien Other fees may apply (i.e. Public Right-of-Way Blockage Permit per section 53-195 of the Code of Ordinances). The City Manager may grant exemptions to the Application Fee for: (1) Students filming as part of an educational project sponsored by an accredited educational institution; (2) Non-profit organizations upon proof of the organizations' non-profit status; (3) Local Film Makers if they are registered filmmakers with the Film Commission; or (4) Low-Impact Productions. Sec. 36-86. Use of G+t�Public Property, Equipment and Services. (a) Required Use of City Equipment and Personnel. In completing the Filming Permit Application, the Applicant will indicate additional City Equipment or Services necessary for the public safety, health and welfare of the City. The Applicant is responsible for paying the costs incurred as a result of the production activity for use of any Police, Fire, Traffic Engineering or other City Personnel assigned to the Project (whether specifically requested by the production or not). The Film Commission will facilitate contracting for use of off-duty city personnel (police, fire or other city personnel) directly. Rates for the use of any of city equipment, including police vehicles and fire equipment, will be provided at the time of application. The City Manager may, at his/her discretion, require an advance deposit for the use of city equipment through the offices of the Film Commission. Rermit Fee- All required fees related to use of City Equipment and Personnel will be due before a Filming Permit is issued. (b) Police and Fire.The Chief of Police and/or Fire Chief shall have the authority to stipulate additional Police or Fire requirements and level of staffing at any time during the Project, if it is determined to be in the best interest of public safety, health and welfare of the City. The cost of additional staff will be borne by the Aapplicant and will be due to the City within seven days after notification of the additional staff cost. (5) Traffic Engineering. It shall be the duty of each Applicant to make provisions for the safe crossing of pedestrians and the orderly movement of vehicular traffic in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). If a street closure or traffic control is required, the Applicant shall be responsible for paying occupancy charges required by section 53-195. Traffic control plans must be obtained from a Professional Engineer licensed in the State of Texas and submitted to the City for approval. A review fee of $100.00 will be charged for the required review of traffic control plans submitted by an Applicant's consultant professional engineer. The Applicant is responsible for obtaining services for traffic control devices. (d) Use of City Property. The City Manager may authorize the use of any of city streets, rights-of-way, parks, facilities, the use of the City of Corpus Christi name, trademark or logo and/or the use of city equipment and/or personnel in the production of movies, television programs, commercials, social media, or training films and related activities. In conjunction with these uses, the City Manager may require that any or all of the conditions as specified on the Filming Permit Application be met as a prerequisite to that use. (e) Fees for Use of City Property. Depending upon the extent of the use of City Property, the Applicant agrees to reimburse the Film Commission for costs incurred when using City property.All required fees related to use of City Property will be due within 10 business days of the issuance of a Filming Permit (f) Notification of Neighbors. The Applicant shall provide a short written description of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood (as defined by boundaries set by the City Manager). The Applicant, or his or her designee, shall make a demonstrated effort to notify each owner, tenant and resident of all such property 24 hours prior to filming. Sec. 36-87. Insurance Requirements, Save Harmless and Limitation of Liability. (a) Insurance Requirements. These insurance requirements follow the Texas Film Commission's insurance requirements. The producer shall furnish the City with a certificate of insurance, naming the City of Corpus Christi and the Corpus Christi Film Commission as an additional insured, in the amounts required by the City's Risk Manager, which includes an amount not less than $1 ,000,000.00 general liability, including bodily injury and property damage; automobile liability (if applicable) in an amount not less than $500,000.00 including bodily injury and property damage; worker's compensation to include all participants utilized in connection with filming and related activities; and employer's liability. Any City employee who is considered by the City to be in an off-duty status and who sustains injury/illness will be covered by the Applicant's workers' compensation coverage. The City of Corpus Christi reserves the right to determine and modify insurance requirements on a case-by-case basis, taking into consideration other risk factors involved in the filming activities, including but not limited to, for example, involvement or use of alcoholic beverages, car pursuits, stunts, aircraft and/or pyrotechnics. film makers ShA-111d-GG_At&Gt the GeFp i GhFisti ('n Fn Fn 0 660nn f e r inferm;; AG n AGA, S;,r;;A„o ro9„1rom8n+6. The City Manager, in consultation with the City's Risk Manager, may waive insurance requirements on a case-by-case basis. (b) Save Harmless Agreement. (1) Applicant is required to provide a save harmless agreement in which aApplicant agrees to defend with counsel approved by City, pay and save harmless the City, its officers and employees from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the filming; excepting any claims arising solely out of the negligent acts of the City, its officers and employees. (2) The Applicant agrees to pay in full, within 30 days upon receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from or in connection with the filming activities and film production, and to restore the property to its original, or better than original, condition prior to the production. Film Producer/Applicant will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. (c) Limitation of Liability. This ordinance shall not be construed as imposing upon the City or its officials or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which permits have been issued. The City and its officials and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit or the approval of any use of the right-of-way. Sec. 36-88. Sanitation and Clean-up. A Filming Permit may be issued only after adequate waste disposal facilities have been identified and obtained by Aapplicant. Applicant may be required to utilize City signage addressing litter and recycling. Such signage must be returned to the City at the end of the event. Applicant w+4 must clean the right-of-way of rubbish and debris, returning it to its pre-activity condition, within 24 hours of the conclusion of the filming activity. If the pplicant fails to clean up such refuse, such clean up shall be arranged by the City and the cost charged to aApplicant." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this 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 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect upon official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o p A v µoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting 10/19/2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3935 Acceptance of a grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department WebEOC Operations CAPTION: Ordinance authorizing the acceptance of a $15,000 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center operations; and appropriating $15,000 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant in the amount of $15,000 from the Coastal Bend Regional Advisory Council. This grant helps to fund the annual cost of the operations for the Web Emergency Operations Center system. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) was awarded a grant of $15,000 from the Coastal Bend Regional Advisory Council (CBRAC). CBRAC has awarded grant funding to the CCFD's Emergency Management Division for the last 15 years. The grant funding will be used for the Web Emergency Operations Center (WebEOC) annual maintenance cost of approximately $10,000. The remaining funding will be used for emergency management operations. Last year, CCFD received $15,000 for this grant. The WebEOC system is a web-based crisis management system that is used to improve coordination and communication efforts while planning, responding to, or recovering from man- made or natural disasters. The WebEOC system allows the City to track residents that are transported by the City to emergency shelters in other cities. City departments also utilize the system to request resources from the State during an emergency event. All City departments store their emergency operation plans on the WebEOC system and enter their daily operations during a disaster event. ALTERNATIVES: An alternative to accepting the grant is to find other funding for the WebEOC system, which will leave the City financially responsible for the functions and maintenance of the system until other sources of funding are found. FINANCIAL IMPACT: Acceptance of grant funding in the amount of $15,000 and appropriating $15,000 to the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 820555L CBRAC-WebEOC 21-22 Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $15,000.00 RECOMMENDATION: Staff recommends that City Council authorize the ordinance accepting and appropriating the CBRAC grant of$15,000 in order to continue WebEOC operations. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $15,000 grant from the Coastal Bend Regional Advisory Council for the City's WebEOC operations; and appropriating $15,000 into Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $ 15,000 for the benefit of the City' s WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the City's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 19, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Roland Mata,- Interim Director of Public Works RolandoM2(a)cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Emulsion Oil for Public Works CAPTION: Motion authorizing a three-year supply agreement with two one-year renewal options with Ergon Asphalt & Emulsions, Inc., of Austin, Texas, for emulsion oil in an amount not to exceed $1 ,252,485.00, and a potential $2,080,275.00 if options are exercised, with FY 2022 funding in an amount not to exceed $417,495.00 available through the Streets Fund. SUMMARY: This motion authorizes a three-year supply agreement with two additional one-year period renewal options with Ergon Asphalt & Emulsions, Inc., for emulsion oil. Emulsion oil will be used by the Public Works Department In-House Operations to perform pothole repairs, utility cuts, and milling and overlay projects. BACKGROUND AND FINDINGS: The Public Works Department utilizes these type of emulsion oils to bind the roadway base to the new asphalt layer. This application is sprayed unto the roadway base by either oil distributor truck spray bar or by hand wand. Emulsion oils are utilized daily throughout all maintenance activities in Street Operations maintenance programs. With the increased customer requests for maintenance, the Streets Operations crews will require additional supply of emulsion oils to meet demands for repairs. PROCUREMENT DETAIL: In May 2018, the Contracts and Procurement Department conducted a competitive request for bid process to obtain bids for a new supply contract. The City received one responsive, responsible bid out of 60 notifications issued and awarded the contract to the lowest responsive, responsible bidder, Ergon Asphalt & Emulsions, Inc., of Austin, Texas. The previous agreement in 2018 was for a three-year quantity in the amount of $328,366.50 for a total of 105,000 gallons at $3.13 per gallon. Contracts and Procurement conducted a competitive Request for Bid process in July 2021 to obtain bids for a new long-term contract. The City received one bid and is recommending award to the lowest responsive, responsible bidder, Ergon Asphalt & Emulsions, Inc., of Austin, Texas. Ergon Asphalt & Emulsions, Inc. is the incumbent supplier. The proposed contract is for an amount not to exceed $1,252,485.00 for 402,600 gallons of emulsion oil at $3.11 per gallon. Emulsion oil usage by Public Works is forecasted to increase by over 240% during the three-year period as result of our projections to execute more mill and overlay projects. ALTERNATIVES: An alternative is to continue using the current supply Public Works has, which will hinder operations by not having the available resources to complete projects. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount not to exceed $417,495.00 for this supply agreement with the remaining cost of$834,990.00 budgeted in future years through the annual budget process. If both renewal options are exercised, then an additional $827,790.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1041 Streets Organization/Activity: 12420 Base Restoration Utility Cuts Mission Element: 051 Maintain Pavement Project # (CIP Only): N/A Account: 520130 Maintenance & Repairs Amount: $267,196.80 Fund: 1041 Streets Organization/Activity: 12430 Surface Preservation Mission Element: 051 Maintain Pavement Project # (CIP Only): N/A Account: 520130 Maintenance & Repairs Amount: $150,298.20 RECOMMENDATION: Staff recommends the approval of this agreement with Ergon Asphalt & Emulsions, Inc., of Austin, Texas for emulsion oil for Public Works, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement RFB #3734 Buyer : Marco Lozano Emolsion Oil for Public Works Ergon Asphalt& Emulsions, Inc. - Austin, Texas ITEM Description Unit 3-Year Qty Unit Price Total Price 1a Emulsion Oil(ss-1) Pickup Gallons 94,500 $ 3.00 $ 283,500.00 1b Emulsion Oil(ss-1) Delivery Gallons 10,500 $ 3.15 $ 33,075.00 2a Emulsion Oil(HFRs-2P) Pickup Gallons 248,400 $ 3.15 $ 782,460.00 2b Emulsion Oil(HFRs-2P) Delivery Gallons 27,600 $ 3.30 $ 91,080.00 3a Emulsion Oil(AE-P) Pickup Gallons 16,200 $ 2.85 $ 46,170.00 3b Emulsion Oil(AE-P) Delivery Gallons 5,400 $ 3.00 $ 16,200.00 3-Year Total $ 1,252,485.00 1st Year Extension ITEM Description Unit Qty Unit Price Total Price 1a Emulsion Oil(ss-1) Pickup Gallons 31,500 $ 3.00 $ 94,500.00 1b Emulsion Oil(ss-1) Delivery Gallons 3,500 $ 3.15 $ 11,025.00 2a Emulsion Oil(HFRs-2P) Pickup Gallons 82,800 $ 3.15 $ 260,820.00 2b Emulsion Oil(HFRs-2P) Delivery Gallons 9,200 $ 3.30 $ 30,360.00 3a Emulsion Oil(AE-P) Pickup Gallons 5,400 $ 2.85 $ 15,390.00 3b Emulsion Oil(AE-P) Delivery Gallons 600 $ 3.00 $ 1,800.00 1st Year Option Total $ 413,895.00 1st Year Extension ITEM Description Unit Qty Unit Price Total Price 1a Emulsion Oil(ss-1) Pickup Gallons 31,500 $ 3.00 $ 94,500.00 1b Emulsion Oil(ss-1) Delivery Gallons 3,500 $ 3.15 $ 11,025.00 2a Emulsion Oil(HFRs-2P) Pickup Gallons 82,800 $ 3.15 $ 260,820.00 2b Emulsion Oil(HFRs-2P) Delivery Gallons 9,200 $ 3.30 $ 30,360.00 3a Emulsion Oil(AE-P) Pickup Gallons 5,400 $ 2.85 $ 15,390.00 3b Emulsion Oil(AE-P) Delivery Gallons 600 $ 3.00 $ 1,800.00 2nd Year Option Total $ 413,895.00 3 Year plus Options Total $ 2,080,275.00 DocuSign Envelope ID:57A86D06-OE11-4604-13OF5-13131DE913157EE4 SC G� > SUPPLY AGREEMENT NO. 3734 U Emulsion Oil for Public Works fhaaaoRp 1852 THIS Emulsion Oil for Public Works Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Ergon Asphalt & Emulsions, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Emulsion Oil for Public Works in response to Request for Bid No. 3734 ("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 Emulsion Oil for Public Works 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. (A) This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,252,485.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:57A86D06-OE11-4604-13OF5-13131DE913157EE4 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. 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 must be mailed to the following address with a copy provided to the Contract Administrator: 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: Velma Pena Department: Public Works Department Phone: 361-826-1933 Email: VelmaP@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 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 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. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:57A86D06-OE11-4604-13OF5-13131DE913157EE4 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. 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. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:57A86DO6-OE11-4604-13OF5-13131DE913157EE4 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: Velma Pena Title: Contracts and Funds Administrator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: 361-826-1933 Fax: 361-826-1627 IF TO CONTRACTOR: Ergon Asphalt & Emulsions, Inc. Attn: David Stroud Title: Texas Regional Manager Address: 11612 RM 2244, Building 1, Suite 250, Austin, Texas 78738 Phone: 512-469-9292 Fax: 512-469-0391 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 May 20, 2021 DocuSign Envelope ID:57A86DO6-OE11-4604-13OF5-13131DE913157EE4 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:57A86DO6-OE11-4BO4-BOF5-BBDE9B157EE4 22. 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. 23. 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). 24. 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. 25. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. 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 May 20, 2021 DocuSign Envelope ID:57A86DO6-OE11-4604-13OF5-1313DE913157EE4 CONTRACTOR DocuSigned by: Signature: d1R�Rd7iFd FRdlld Printed Name-. David Stroud Title: Regional Manager Date: 9/17/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, 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 l : RFB No. 3734 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:57A86DO6-OE11-4604-13OF5-1313DE913157EE4 E =' ATTACHMENT A: SCOPE OF WORK U � 1.1 General Requirements/Background Information The Contractor shall provide emulsion oils to be used for repair and maintenance projects throughout the City as outlined in this Scope of Work. 1.2 Scope of Work The emulsion oils shall meet TXDOT Specification Item 300, of the 2014 Standard Specifications for Construction of Highways, Streets and Bridges. A. Item 1 - SS-1 , shall conform with the following City of Corpus Christi Standard Construction Specification, Section 025404 and TXDOT Specification Item 300, Table 7 - Emulsified Asphalt. Emulsified Asphalt. Provide emulsified asphalt that is homogeneous,does not separate after thorough. mixing,and meets the requirements for the specified type and grade in Tables 7,8,9,and 10. Table 7 Emulsified Asphalt Type-Grade Property Test Rapid-Setting Medium-Setting Slovr-Seton Procedure HFRS-2 MS-2 AES-300 SS-1 SSAH Min Max Min Max Min ! Max Min '; Max Min Max Viscosity.5aybolt Furol T 72 ! I 77'F.sec. - - - € - 75 f 400 20 ; 100 20 100 122'F.sec. 150 400 100 € 300 - - - - - Sieve test,% T 59 - 0.1 - 0.1 - 0.1 - 0.1 - i 0.1 Miscibility T 59 - - - Pass Pass Cement mixing,% T 59 - - _ _ _ 2.0 - 2.0 Coating ability and water T 59 resistance: 1 r Dry aggregateJefter spray - - GoodlFair - - Wet aggregatelafter _ _ Fair/Fair spray Demulsibility,35 ml of 0.02 T 55 50 - - € 30 N CaCl2,% Storage stability, 1 day,% T 59 11 1 1 - 1 Freezingtest,3 cycles' T 59 - _ Pass - -Pass Pass Distillation test: T 59 ! Residue by distillation,% by wt. 65 - 65 - 65 j - 60 - 60 j - Oil distillate,%by volumei i of emulsion - l 0,5 - € 0.5 - i 5 - i 0.5 - i 0.5 Tests on residue from distillation: Penetration,77'F,100 g, 5 sec. T 49 100 144 120 160 300 - 120 160 70 I 100 Solubility in T 44 97.5 - 97.5 97.5 j - 97.5 - 97.5 - trichloroethylene,% € i Ductility,77'F, T 51 100 - 100 ` - l - 100 - 80 l 5 gmlmin..,cm l i i - Ftoat test,140°F,sec. T 50 1,200 1,200 f - 1. Applies only when the Engineer designates material for winter use. B. Item 2 - HFRS-2P, shall conform with the following City of Corpus Christi Standard Construction Specification, Section 025404 and TXDOT Specification Item 300, Table 9 - Polymer-Modified Emulsified Asphalt. Page 1 of 3 DocuSign Envelope ID:57A86DO6-OE11-4BO4-BOF5-BBDE9B157EE4 Table 9 Polymer-Modified Emulsified Asphalt T Grade Property Test Rapid-Setting Medium-Setting Slow-Settin Procedure RS-1P HFRS-2P AES-150P AES-300P AES-3005 SS-1P Min i Max Min i Max Min I Max Min Max Min Max Min Max Viscosity,Saybolt Furol T 72 77°F,sec - - - € - 75 ? 400 75 400 75 ? 400 30 100 122T,sec. 1 50 200 150 400 - - Sieve test,% T 59 - 0.1 - 0.1 - 0.1 - 0.1 - 0.1 - 0.1 Miscibility T 59 - - - - - Pass Coating ability and water resistance: T 59 Dry aggregatelafter spray - - GoodlFair GoodlFair GoodlFair - Wet a re atelafterspray - FairlFair Fair/Fair Fair/Fair - Demulsibrli ,35 and of 0.02 N CaCl2,% T 59 60 - 50 - - - - - - - -Storage stability,1 day,% T 59 - 1 - 1 - 1 - 1 - 1 - 1 Breaking index,g Tex-542•C - 80 Distillation test:' T 59 Residue by distillation,%by wt, 65 1 - 65 f - 65 - 65 1 - 65 1 - 60 - Oil distillate,%by volume of - 3 - i 0.5 - 3 - 5 - 7 - 0.5 emulsion Tests on residue horn distillation: i Polymer oontent,wt,%(solids basis) Tex-533-C - i - 3.0E _ _ f _ _ _ _ _ 3.0 Penetration,770F,100 g,5 sec. T 49 225 j 300 90 140 154 j 300 300 i - 300 - 100 140 Solubility in trichloroethylene,% T 44 97.0 i - 97.0 - 97.0 1 - 97.0 i97.0 i _ 97.0 I _ Vsscosrt}r,140 F,pose T 202 - - 1,500 - - - - 1,300; - Flaat test,140T,sec. T 50 - - 1,200 i - 1,2001 - 1,2001 1,200 il - - Ductility,239.2°F,5 cmlmin.,cm T 51 - ; - 50 Elask recovery,2 54°F,% Tex-53 9 C 55 ! - 55 Tests on RTF0 curing of distillation j residue Tex-541•C Elastic recovery,50°F,% Tex•539-C - i - - - 50 1 - 50 - 30 1 - - - 1. Exception to T 59:Bring the temperature on the lower thermometer slowly to 350°F±10T.Maintain at this temperature for 20 min. Complete total distillation in 60 min.(±5 min.)from the first application of heat. 2. HFRS-2P must meet one of either the ductility or elastic recovery requirements. C. Item 3 - AE - P, shall conform with the following City of Corpus Christi Standard Construction Specification, Section 025404 and TXDOT Specification Item 300, Table 11 - Specialty Emulsions. Page 2of3 DocuSign Envelope ID:57A86DO6-OE11-4BO4-BOF5-BBDE9B157EE4 Specialty Emulsions.Provide specialty emulsion that is either asphalt-based or resin-based and meets the requirements of Table 11. Table i i Specialty Emulsions Type-Grade Property Test Medium ttin slow-setting Procedure AE-P EAPBT PCE Min , Max Min Max Min Max Viscosity,Saybolt Furol T 72 1 i i 77'F,sec. - - - I - 10 100 122'F.sac. 15 a 150 Sieve test. o T 59 0.1 0.1 0.1 Misc.b+Iii = T 59 Pass i Pass ; Demulsibility,35 ml of 0.10 N CaCI,, % T 59 70 Storage stability. 1 day,a T 59 1 i Particle sizes%by volume<2.5 Lm Tex-238-F3 90 90 Asphalt emulsion distiltation to 500'F followed by Cutback asphalt distillation of T 59 2&T 78 residue to 680-F: I Residue after both distillations,%by wt. 40 I - Total oil distillate from both distillations,% 25 i 40 by volume of emulsion Residue by distillation.%by wt. T 59 60 I E Residue by eva ration,`%by wt. T 59 _I I 60 Tests on residue after all distillation(s): i Viscosity.140'F,poise T 202 - Soo i - - Kinematic viscosity•s 1401F,cut T 201 -- - I -- 100 350 Flash point C.O.0-,`F T 48 - - - - 400 l - Solubility in trichloroethylene.% T 44 97.5 - - I - - - Float test 122'F sec- I T 50 1 50 1 200 Supply with each shipment of PGE' - - - - M a copy of a tab report from an approved analytical lab,signed by a lab official,indicating the PCE formulation does not meet any characteristics of a Resource Conservation Recovery Act(RCRA)hazardous waste; M a certification from the producer that the formulation supplied does not differ from the one tested and that no listed RCRA hazardous wastes or Polychlorinated Biphenyls(PCBs)have been mixed with the product;and 0 a Material Safety Data Sheet. Exception to T 59:In dilution,use 350 ml of distilled or deionized water and a 1.000-mi beaker. Use Tex-238-F,beginning at-Particle Size Analysis by Laser Diffraction,-v th distilled or deionized water as a medium and no dispersant,or use another approved method. Exception to T 59:Leave sample in the oven until foaming ceases,then cool and weigh. PCE must meet either the kinematic viscosity requirement or the particle size requirement 1.3 Delivery Instructions and Locations Materials shall be delivered as follows: 1 . Staff will contact the supplier to schedule delivery dates or pick up. 2. Deliveries are to be made as required. Delivery will be to the City of Corpus Christi Public Works Department Materials Storage Yard at: 2626 Holly Road, Corpus Christi, Texas 78415. Material Storage Yard is located behind Corpus Christi Animal Care and Vector Service Center with drivable entry on Civitan Street. Delivery shall be in end-dump dump trucks. 3. Supplier shall furnish a shipping/delivery ticket stating description and quantity delivered. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 3of3 DocuSign Envelope ID:57A86DO6-OE11-4604-13OF5-1313DE913157EE4 attacnment S: Sid/Pricing Schedule vSC 0 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM aOP POR FE 1852 RFB No. 3734 Emulsion Oil for Public Works PAGE 1 OF 1 Date: AUGUST 2, 2021 Authorized Bidder: ERGON ASPHALT & EMULSIONS, INC. Signature: DAVID STROUD 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 Description Unit 3-YearQtyUnit Price Total Price la Emulsion Oil(SS-1) Pickup Gallons 94,500 $ 3.00 $283,500. DO 1b Emulsion Oil(SS-1) Delivery Gallons 10,500 $ 3. 15 $ 33,075. DO 2a Emulsion Oil(HFRS-2P) Gallons $ 3. 15 $782,460. )0 Pickup 248,400 2b Emulsion Oil (HFRS-2P) Gallons $ 3.30 $ 91,080. 0 Delivery 27,600 3a Emulsion Oil(AE-P) Pickup Gallons 16,200 $ 2.85 $ 46,170. 0 3b Emulsion Oil(AE-P) Delivery Gallons 5,400 $ 3.00 $ 16,200. )0 3-Year Total $1,252,485.00 DocuSign Envelope ID:57A86DO6-OE11-4BO4-BOF5-BBDE9B157EE4 1st Year ITEM Description Unit Option Unit Price Total Price Qty 1a Emulsion Oil(SS-1) Pickup Gallons 31,500 $3.00 $ 54,500.00 1b Emulsion Oil(SS-1) Delivery Gallons 3,500 $3.15 $ 11,025.00 2a Emulsion Oil(HFRS-2P) Gallons $3.15 $260,820.00 Pickup 82,800 2b Emulsion Oil(HFRS-2P) Gallons $3.30 $ 36,360.00 Delivery 9,200 3a Emulsion Oil(AE-P) Pickup Gallons 5,400 $2.85 $ 15,390.00 3b Emulsion Oil(AE-P) Delivery Gallons 600 $3.00 $ 1,800.00 1st Year Option,Tptal $41:3,895.;00 2nd Year ITEM Description Unit Option Unit Price Total Price Qty la Emulsion Oil(SS-1) Pickup Gallons 31,500 $3.00 $ 94,500.00 1b Emulsion Oil(SS-1) Delivery Gallons 3,500 $ 3.15 $ 1 l,025 00 2a Emulsion Oil(HFRS-2P) Gallons $ 3.15 $ 260,820 00 Pickup 82,800 2b Emulsion Oil(HFRS-2P) Gallons $ 3.30 $ 30,360 00 Delivery 9,200 3a Emulsion Oil(AE-P) Pickup Gallons 5,400 $ 2.85 $ 15,390 00 3b Emulsion Oil(AE-P) Delivery Gallons 600 $ 3.00 $ 1,800 00 :2nd Year Option Total $ 413,895 00 3 Year plus Options Total $ 2,080,2 5.00 DocuSign Envelope ID:57A86DO6-OE11-4604-13OF5-13131DE913157EE4 Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and p roperty required on all certificates or by Damage Per occurrence - applicable policy endorsements aggregate Commercial General Liability $1,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:57A86D06-OE11-4604-13OF5-13131DE913157EE4 II. ADDITIONAL REQUIREMENTS A. 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. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 DocuSign Envelope ID:57A86D06-OE11-4604-13OF5-13131DE913157EE4 E. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds are required. 2021 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services -Services Performed Onsite 02/22/2021 Risk Management -Legal Dept. Page 3 of 3 DocuSign Envelope ID:57A86DO6-OE11-4BO4-BOF5-BBDE9B157EE4 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty applies to this Supply Agreement. Page 1 of 1 so �o p A v WoRPORPg4 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting October 19, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Roland Mata, Interim Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Mowing and Ground Maintenance for Street Rights-of-Way, Circles and Medians for Group SW2 CAPTION: Motion authorizing a three-year service agreement with two additional one-year options in an amount not to exceed $137,640.00 for the initial three-year term and a potential amount not to exceed $232,120.00 if both option years are exercised, for mowing and grounds maintenance for Storm Water Group 2 (Rights of way, triangles, circles, interchange, and medians in 24 areas), with Maldonado Nursery & Landscaping Inc. of San Antonio, Texas with an office in Corpus Christi, Texas for the Public Works Department, with FY 2022 funding in an amount not to exceed $45,880.00 available through the Storm Water Fund. SUMMARY: This motion authorizes a contract with Maldonado Landscape for mowing and grounds maintenance services for Storm Water Group 2 for the amount of $137,640.00. These services are necessary to maintain presentable grounds. BACKGROUND AND FINDINGS: The mowing and grounds maintenance of street- right-of-way assist in ensuring that the grounds at each site are safe, secure and presentable at all times. Storm Water Group 2 consists of rights-of-way, triangles, circles, interchange, and medians. Group 2 consists of the following area: Item Maintenance Area Location Acres 1 Calle Las Colonias ROW Saratoga — Dead End West Side 0.43 2 Calle Cuernavaca ROW Saratoga — Dead End East/West Side 0.59 3 Greenwood ROW 1 Holly— Saratoga Both Sides 0.73 4 Greenwood ROW 2 Holly to Silverberry Dr., both sides 1.54 5 Greenwood ROW 3 W/Side of Greenwood from Gollihar 0.27 to WestPoint 6 WestPoint ROW Columbia — Greenwood East South 0.16 Side 7 Cliff Maus ROW Old Brownsville Rd. — Rockford end 0.12 of sidewalk w/side 8 Ayers Strip South side of Ayers, Horne Rd. to 0.84 Fannin 9 Vanderbilt Entrance and Ayers St. & Roosevelt Dr. and circle 0.14 Circle at Ellis and W. Vanderbilt 10 Circles 1-4 Clark& West Clark, 110 Vanderbilt, 0.32 Normandy & Clark, Adams (4) 11 Horne ROW Ramsey to Ayers on East side of 0.11 Horne Rd. 12 Ramsey Medians Brawner Pkwy. To Horne Rd. — 4 0.50 Medians 13 Ayers ROW Corner of Ayers and Gollihar — 0.15 Intersection, corner to Juvenile Driveway 14 Florence ROW Florence — Viola Ave. to Gollihar 0.53 Rd. — East Side Only 15 Vestal Guardrail Vestal — Yale St. to Sherman St. — 0.14 East Side Only 16 Viola ROW Viola — Florence St. to Ayers 0.66 17 Watson ROW Watson —214 Watson St. to Naples 0.42 18 Port Trian le Port @ Tarlton @ Crosstown 0.24 19 Baldwin Strip and Triangle Along N/Side of Baldwin across Del 0.30 Mar College and Triangle at 18th 20 Brownlee Triangle South corner of Staples and Brownlee 0.07 21 Reid Triangle Corner of Reid & 2700 Alameda 0.14 22 King St. Easement King Street to Fence 0.10 23 Mid Town Interchange Agnes/Laredo from Carrizo to 6.73 Lower Broadway 24 Sacky Dr. ROW Sacky, S. Side, Wharton to Bowie St. 0.22 TOTAL 15.45 PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for a long-term mowing and grounds maintenance contract. The City received two bids and is recommending awarding this contract to the lowest responsive, responsible bidder, Maldonado Nursery & Landscaping Inc. The other competing bid from Tony's Lawn Service was $23,640 higher than the lowest bidder. The previous contract was a 32-month contract with Dorame General Repair & Lawn, LLC. provided services for a combined contract total of $95,500.00 for 13.36 acres and is currently on a month to month. The proposed contract will provide the service for $144.12/acre which equates to a 12% increase. ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work inhouse. The estimated cost for the Public Works Department to execute the same or similar work with in-house crews would be an estimated cost of $249,866.00. The department would need FTE's and equipment. Currently, the department does not have the appropriate staffing level or equipment to maintain the additional acreage. FISCAL IMPACT: The FY 2022 fiscal impact to Storm Water Fund for the initial three-year term is an amount not to exceed $45,880.00, with the remaining cost of$91 ,760.00 budgeted in future years through the annual budget process. If both one-year options are exercised, then an additional $94,480.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 SWO Vegetation Management Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance Amount: $45,880.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with two additional one-year options with to Maldonado Nursery & Landscaping, Inc. for mowing and grounds maintenance of Street Rights-of-Way, Circles and Medians for Group SW2 as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement RFB #3769 Senior Buyer : Cynthia Perez Mowing and Grounds Maintenance for Street Right-of-Ways Circles and Medians for Stormwater Group SW2 Maldonado Landscape and Tony's Lawn Service- Nursery- Rockport,Texas Corpus Christi, Texas ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Mowing and Grounds 1 Maintenance for Street Right-of 15.45 20 Ways,Circles and Medians for Stormwater Group SW2.Year 1 $ 2,226.60 $ 44,532.00 $ 2,688.00 $ 53,760.00 Mowing and Grounds 2 Maintenance for Street Right-of 15.45 20 Ways,Circles and Medians for Stormwater Group SW2.Year 2 $ 2,293.40 $ 45,868.00 $ 2,688.00 $ 53,760.00 Mowing and Grounds 3 Maintenance for Street Right-of 15.45 20 Ways,Circles and Medians for Stormwater Group SW2.Year 3 $ 2,362.00 $ 47,240.00 $ 2,688.00 $ 53,760.00 Total Price for Years 1-3 $ 137,640.00 $ 161,280.00 ITEM Description Acres Cycle Unit Price Total Price Unit Price Total Price Mowing and Grounds Maintenance for Street Right-of 4 Ways,Circles and Medians for 15.45 20 Stormwater Group SW2.Year 1 Option $ 2,362.00 $ 47,240.00 $ 2,688.00 $ 53,760.00 Mowing and Grounds Maintenance for Street Right-of 5 Ways,Circles and Medians for 15.45 20 Stormwater Group SW2.Year 2 Option $ 2,362.00 $ 47,240.00 $ 2,688.00 $ 53,760.00 Total Price for Option Years 1-2 $ 94,480.00 $ 107,520.00 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 �yV SC G° a 0 H SERVICE AGREEMENT NO. 3769 U Mowing and Grounds Maintenance for Street Right-of-Ways, yeanaonnf 1852 Circles and Medians for Stormwater Group SW2 THIS Mowing and Grounds Maintenance for Street Right-of-Ways, Circles and Medians for Stormwater Group SW2 Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Maldonado Nursery & Landscaping, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for Street Right-of-Ways, Circles and Medians for Stormwater Group SW2 in response to Request for Bid/Proposal No. 3769 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance for Street Right-of-Ways, Circles and Medians for Stormwater Group SW2 ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 3. Compensation and Payment. This Agreement is for an amount not to exceed $137,640.00, subject to approved extensions and changes. Payment will be made for Services performed 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. 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 must be mailed to the following address with a copy provided to the Contract Administrator: 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: Patrice Aubert Department: Public Works Phone: (361 ) 826-1699 Email: PatriceA@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 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: Patrice Aubert Title: Work Coordinator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: (361) 826-1699 Fax: N/A IF TO CONTRACTOR: Maldonado Nursery & Landscaping Inc. Attn: Jerry Maldonado Title: Owner Address: 1960 Holly Road, Corpus Christi, Texas 78417 Phone: (361) 452-1037 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City 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 may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 CONTRACTOR DocuSign�eAd by: L� Signature: Printed Name: ferry maldonado Title: vice president Date: 10/1/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3769 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide complete mowing and grounds maintenance services for street rights-of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. The Bidder may not use subcontractors in connection with the work performed if awarded a contract. The Contractor must be located within a 30-mile radius of the City of Corpus Christi. 1.2 Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit. A. Prep Work: 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Public Works 2525 Hygeia St. Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the Revised 1 1.30.20 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B. Mowing and Trimming 1 . Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description - 20 Cycles a year Storm Water Group 2 • Growing Season (March - October) *Bi-weekly - 16 cycles • Non-Growing Season (November- February) **Monthly - 4 cycles *The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. Cycle 1 should be during 1St-151h Cycle 2 161h-to end of month. 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. Revised 1 1.30.20 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. The Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C. Edqinq 1 . The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. 1.3 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City Staff. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: Revised 1 1.30.20 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS Revised 1 1.30.20 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 1.6 Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 1.7 Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1 . The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 1.8 Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved Revised 1 1.30.20 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location were missed. No work shall be started without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for re-inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 re-inspection fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. Revised 1 1.30.20 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. 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Ramsey to Ayers on East side of Horne Rd. 0.11 G2-12 Ramsey Medians Brawner Pkwy.To Horne Rd.-4 Medains 0.50 G2-13 Ayers ROW Corner of Ayers and Golihar-Intersection,corner to Juvenile Driveway 0.15 G2-14 Florence ROW Florence-Viola Ave.to Gollihar Rd-East Side Only 0.53 G2-15 Vestal Guardrail Vestal-Yale St.to Sherman St-East Side Only 0.14 G2-16 Viola ROW Viola-Florence S to Ayers 0.66 G2-17 Watson ROW Watson-214 Watson St to Naples 0.42 G2-18 Port Triangle Port @ Tarlton @ Crosstown 0.24 G2-19 Baldwin Strip and Triangle Along N/Side of Baldwin across from Del Mar College and Triangle at 18th 0.30 G2-20 Brownlee Triangle South corner of Staples and Brownlee 0.07 G2-21 Reid Triangle Corner of Reid&2700 Alameda 0.14 G2-22 King St.Easement Kings Street to Fence 0.10 G2-23 Mid Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73 G2-24 ISacky Dr.ROW ISacky, S.side,Wharton to Bowie St. 0.22 15.45 q p IR DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 A1441, rc1 rAA ° .. n m� rt�w a - T U r' sy V- r r. a� i f n �. � J ! �s DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 it -jl gr zi JIAZO AL IR ML �. �. 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Se Mf--k 1008, DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 41 Ali ML 4 am a 7 h P pClr�l�61`z7a• = I w • !71X7 ( � "` M , '1 ............... .> •.._ '°+fir 7 _- � � Q �� z�LYk7n ]€�3 n 3l• � t.� �X`t v 1 Ck • Oat �'� a + F F't �,w I DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 � 4\'� -.'i!+ 'Yra���`!it"F.rii.,l��Yf l..'� �� �' eA ice•'• R � W vJPgtT -o, s -— - o , a w- V Ir 41 till [�a:vCu q '. - G �c r i 1 � utu -. .. (- I a — . - r 0 41� ;''v 41t-�� yj ° �,I 1 Ir a� � u 1 �.. r DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 ROW Strip Mowing Contract (Improved) Group 2 G2-23 0.450.225 0 0.45 R,d,oe ey:C—varve: � ! Miles 0111]12011 G2-22 � I G2-20 G2-19 /~ --- - G2-21 k -- G2-17 - G2-09 G2-10 G2-08 - _ G2-12 G G2-13 2-11 Legend G2-07 G2-14 `G2 16 �2-01 Calle las Colonias�2-13 Ayers �2-02 Calle Cuernavaca 2-14 Florence - - �2-03 Greenwood 1 �2-15 Vestal Guardrail �2-04 Greenwood 2 01Mf IIcM-2-16 Viola �2-05 Greenwood 3 2-17 Watson G2-04 G2-24 - 2-06 West Point �2-18 Port Triangle �2-07 Cliff Maus �2-19 Baldwin Strip �2-08 Ayers Strip 2-20 Brownlee -; �2-09 Vanderbilt �2-21 Reid ---- G2-03wo --- �2-10 Circle 1-4 �2-22 King St - G2-01 _ �2-11 Horne �2-23 Mid Town -_ �2-12 Ramsey �2-24 Sacky - _- G2-02 = DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 ATTacnment B - Bid/Pricing Schedule .¢yvs C. ow° a� CITY OF CORPUS CHRISTI � CONTRACTS AND PROCUREMENT DEPARTMENT U BID FORM "OCORPORAEO 1852 RFB No. 3769 Mowing and Grounds Maintenance for Street Right -of- Ways, Circles and Medians for Stormwater Group SW2. Date: 8-18-2021 PAGE 1 OF 2 Maldonado Authorized Jerry Maldonado Bidder: 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 Description Acres Cycles Unit Price Extended Per Cycle Price 1 Mowing and Grounds 15.45 20 $ 2,226.60 $44,532.00 Maintenance for Street Right -of-Ways, Circles and Medians for Stormwater Group SW2. Year 1 2• Mowing and Grounds 15.45 20 $ 2,293.40 $ 45,868.00 Maintenance for Street Right -of-Ways, Circles and Medians for Stormwater Group SW2. Year 2 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 3. Mowing and Grounds 15.45 20 $ 2,362.00 $ 47,240.00 Maintenance for Street Right -of-Ways, Circles and Medians for Stormwater Group SW2. Year 3 $ 137,640.00 Total Price for years 1-3 Item Description Acres Cycle Unit Price Extended Per Cycle Price 4. Mowing and Grounds 15.45 20 $ 2,362.00 $ 47,240.00 Maintenance for Street Right -of-Ways, Circles and Medians for Stormwater Group SW2. Year 1 Option 5. Mowing and Grounds 15.45 20 $ 2,362.00 $ 47,240.00 Maintenance for Street Right -of-Ways, Circles and Medians for Stormwater Group SW2. Year 2 Option $ 94,480.00 Total Price for Option Years 1-2 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The Page 1 of 3 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 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. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit Page 2 of 3 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required therefor, Service Agreement 3463, Section 5 Insurance; Bond Section 5(B) is here by void. 2020 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID:9EF1 DFA2-8C1 B-45AE-B8D8-10E8B15D7E09 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." Department of Public Works Group 2 Mowing Contract Award Council Presentation � October 19, 2021 • Medians and ROW 6.43 Acres • • Ayers Strip 0.84 Acres • Vestal Guardrail 0.14 Acres • Circles 0.46 Acres • Triangles and Easements 0.85 Acres • Midtown Interchange 6.73 Acres Total 15.45 Acres Department of Public Works a Calle Las Colonias ROW -';9 �7 Department of Public Works = - Calle Cuernavaca ROW 5 t•"�: " � {�,W�'� � a ->: {� 1 4,���"M1 'fir )-' 1.x•1 .� # ..-� .� r.'1 �w�4►�M M�,!,,�`p,'� 5 0 9 o,: I;r• opus Cy Department 4O�pUs Cy4 of A Public Works *r= Greenwood , c ik Ix Lop aft vO vM PT TMt % I ��� ', p 6tllrgfa�1ry ® bR PfHo f gel u[ allu— yPN.�di � 1 M�onaldsy� �. 1�3D 1 LL, I I w � GOO le p,l1� 'r map=rv�U1 gl mtdr�s��l !fd = Y¢d�.ak c07E opus Cy Department 4O�pU5 CyF of i Public Works v y e'S2 �2 Greenwood ROW m � !i i 1 W 9 �X Daile�SiYes, � _ a :om„murleaiicrs+ � �acllc`ar/r�Se�nce' c�:�a,a �� HonapciS�ign, ' .1, rig„r �aursuluso�atloa'I�T www,. ma��aN2l fnogl¢,Mas7+l¢ELY' Ode,�� sms Prap Szod(red¢d SaDh opus Cy Department 4O�pU5 CyF of i Public Works v y e'S2 �2 Greenwood ROW ��� t la v r" Gre¢aaoSdBallPark �° a a � p x Chu�sCi¢k¢a� S HPISTJS'famd Y �i¢althC�rflhslsi¢, s , 'r Gee o� �r¢evlaoaC� � Gr¢aouaaDi �¢CaOC., � odD�� a �Dollar3eoe�al - �o a4„}3D dots ,�, �, 1'ti �,. t' �•m7�Aijr� f,, fit("' �l"� �'1�yr�� Ann e`, �r� b`¢ V� f ��� � " �V •., , � �PMEMGBIIE + EL�STINc 3 y, W3� I-::S: Goo a � I'. 1� M �■� n� opus Cy Department aa • i Public Works s Wespoint ROW � a r S� tl Y a WPoim Poiof�d 'Ind FpBfLfid21S� � '� � � m( M" �� '�� - Google ,yr• +,�� 111 �i �sonc�i:,u.amu;zc. ¢,rt�sm�r n�a�y�wk�� aa Department of \\. Public W ' ® Cliff Maus ROW �^{ ( ■ � 13 \ , : \ }\� IS, ^` / , \ < ).. . . � opus Cy Department • • Public Works 6 Ayers Strip kke J10�0 Q�cfl6 �: c i off; �ueu�s' 3ao�l4lrl�� �� � ,, •r � - == ,v�sS � C� q�e9aryaue:n -Q v �� •y n oa,q Z �1 • � i � .raeoi,0e 9� � 'k �D e � .. IrfiAE����� �l Ndp�d�2i .Ai4t�elE6 1P'fM1S INd4f$B1E�lPNYY 1Wf`J Department of Public Works = - Vanderbilt Entrance and Circle r R IF .. W b, QAx Y I � k�• c opus Cy Department 4O�pU5 Cy4 of i Public Works v y ;¢-S o ur,;of A �AM �` �9f� - °s � �, ANY� �„7`-'��.• L •�1 p Tip 1�{ Ina�[J7�gelmayeyGIDP N�m7�nrYyR1'�as6:a�x.�NcRJS.6mxjA.0��'[nhnSr rEk N�ptl31�6.W1 OoilalSl6s kms r'3o'S¢rdknExK S00'� opus Cy Department 4O�pU5 Cy4 of i Public Works Horne ROW s luj�m I `09a� ti' 1 �v h P1Pf F.1eC PIi2B�. 6. � �• o 'd4i j a � � i C., P��Y P'�/ Y jN �Fa�rySBYq�f �y.JI •- Goff', s �mag�67021 oglR lmo�q.�7�ma lettlo bae�,ieme�oesl rdgfx LLS fe.oyk¢I3ul ay J�FumSal�k�pgar�,AapdaG®NL Orn�Sl¢tas iems Rlraor,@od��ddaak SQON� opus Cy Department 4O�pU5 Cy4 of i Public Works Ramsle Medians s 3 qr h. p l yyyy�� n - hlageyWWl6mgl¢,InagayS'.WIM¢mi¢d��ololk+&i�daatGmnallntlOMx,liSCedogialWrvry,YaptlaW9AT LMe1SMd ieima Nhar Sedla�Txk iWflu Department of Public Works Ayers ROW t 7°,u; f' Al M � Department of Public Works Florence ROW { �X N I. $i. opus Cy Department 40APu5 C'y9 `o R J, yr,Fa�S�iy Public Works J y Y 852 1� Vestal / Guardrail p q o !: � y'r• P �, 30 as` a. r bra 4 S i � ir����mismgk,aapaa�emrr u�neasct 1�rs ems a^ ee:k��oon�� iW1 opus Cy Department 4O�pU5 Cy4 of i Public Works v y Y Viola IMP C dllhar tl GolliharollihrRtl A Juh�sdWoSaese � iq f � I�' - ��,?8isa:a Fepair . lalaTaF_�a .6N4L"S „o •. T�m' rai � "IPESE��CE s a. �� '�,r���Fourttlallon.Fee a ma;�cv�s�e�eamawn m°ds�a;r�rapq s�e� icaau opus Cy Department 4O�pU5 Cy9 `o R Public Works e5z Watson ROW C�PmIAPf$( �PIIYIIP4$ � �y 4v :9 Isco�otMulfler ' AV 18M0� ', n 9 � a er5t, Wat:onar �—m^`" �—i a�YOC vxL I ar St Parton St Nano�$t '' ��, G:ac Norton^ } Faoaio Sy —� I.ag�Yi]'e,00Qe,M�Eah011ltl IMAetl4Ya isne Ping�adl ffid 10[flu Department of Public Works Port Triangle Fvow' '- , Im i BM � a 0 Department of Public Works = - Baldwin Strip and Triangle Arms- yg F Ip . ( A. r . Department of Public Works Brownlee Triangle I I i \®I u r � I' dry+ 1 f �� Il ' A'iV., Department of Public Works Reid Triangle 3 t� Department of Public Works ^ King St. Easement e r` a Department of Public Works �: Mid Town Interchange 1 25 Department of Public Works ^ Sacky Dr. ROW Ywu r ..... ....... a Department of Public Works Questions ? se a O� �a NogPOAAs4o AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of October 19, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, III, AIA, CBO, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Additional Services Request Infrastructure Master Planning and Impact Fee Study CAPTION: Motion authorizing the approval of an additional services request with Pape-Dawson Engineers, Inc., San Antonio, Texas, for a comprehensive storm water master plan in a total amount of $1,192,000 with FY 2022 funding available from the Development Services Fund. SUMMARY: This additional services request (ASR) authorizes for additional analysis to be performed for the purpose of producing a thorough, comprehensive stormwater master plan. This will include One-Dimensional Hydrology Modeling, CIP Planning, Design Criteria Manual Development, Hydraulics, and Direct Expenses that will increase the total contract value to 1,192,000. BACKGROUND AND FINDINGS: On March, 2021, the City of Corpus Christi executed an agreement with Pape-Dawson Engineers, Inc. to prepare master plans for water, wastewater, storm water and roads. The purpose was to develop capital improvement projects and conduct an impact fee study for the respective infrastructure. The storm water master plan was scoped to build upon and update the city's existing 2009 "draft" storm water master plan and associated hydrologic and hydraulic models for riverine and storm drainage systems. Over the past several months, the exhaustive data collection efforts involved has either produced limited data and/or data that uses outdated modeling techniques that are not easily amendable to upgrade or reuse. Additionally, in significant portions of the city, there were no data models provided, the consultant would need to create new models from scratch using current techniques. Neither of these major developments were anticipated in the original scope of work and are a substantial undertaking for the consultant given the size of the City. In pursuit of the overall purpose and goal of the March 2021 contract, a summary of the major distinctions between the original scope and additional services requested is below: 1. This change order is a grass roots approach to building a new hydrologic and hydraulic model for the blue, green and brown areas to the south of Corpus Christi bay — originally it was assumed that these detailed models would be available 2. This change order is adding additionally 70 square miles of new InfoWorks 1 D/2D modeling (green area) in the urbanized areas of the City instead of the hot spots only approach in the original scope 3. Approximately 7 square miles of new HEC-RAS 2D modeling (brown areas) will be performed for the developed Flour Bluff costal area of the city 4. Update the 1 D/2D modeling of the Central Business District to Atlas 14 rainfall (not originally anticipated) 5. Develop a comprehensive drainage criteria manual in the current scope of work PROJECT TIMELINE WITH CHANGE ORDER: Additional services request will not add any additional time to the original project schedule timeline of 24 months. ALTERNATIVES: The City could choose not to perform this work, but this would result in a major piece of infrastructure to be the only utility to not have a comprehensive look at the growth of the city. FISCAL IMPACT: The fiscal impact for FY 2022 is an amount of $1,192,000 with funding available from the Development Services Fund. 1. Hydrology for One Dimensional Modeling $140,100 2. Hydraulics $1,224,500 3. CIP Planning $92,300 4. Development of Design Criteria Manuel $153,300 5. Direct Expenses $5,200 $1,615,400 6. Pape-Dawson Engineers Credit $(423,400) Increase in Total Contract Value: $1,192,000 FUNDING DETAIL: Fund: 4670 Development Services Mission Elem: 281 Account: 530000 Activity: 11300 Amount: $1,192,000 RECOMMENDATION: Staff recommends approval of this additional services request to award Pape-Dawson Engineers, Inc. for a comprehensive study for the storm water master plan. LIST OF SUPPORTING DOCUMENTS: Location Map Additional Services Request riPAPE-DAWSON ENGINEERS September 3, 2021 Mr.Al Raymond, AIA, CBO Director Development Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: City of Corpus Christi—Master Planning and Impact Fee Study—RFQ 3083 Additional Services Request No. 1 Dear Mr. Raymond: On March 4, 2021 the City of Corpus Christi executed an agreement with Pape-Dawson Engineers, Inc. to prepare master plans for water, wastewater, stormwater, and thoroughfare infrastructure with the purpose of developing capital improvement projects (CIP) and conducting an Impact Fee Study for the respective infrastructure. As part of this overarching effort, the Stormwater Master Plan task (City Task 2) was scoped to build upon and update the City's existing stormwater master plan and associated hydrologic and hydraulic models for riverine and storm drainage systems. Over the past 6 months,our exhaustive data collection efforts involving several of the City staff has either produced limited data and/or data that uses outdated modeling techniques that are not easily amenable to upgrades or reuse. Furthermore, for the significant portions of the City where there were no data or models provided, Pape-Dawson would need to create new models from scratch using current techniques. Neither of these major developments were anticipated in our original scope of work and are a substantial undertaking for Pape-Dawson given the size of the City. In pursuit of the overall purpose and goal of the March 2021 contract,a brief summary of the major distinctions between the original scope and additional services requested is provided below: 1. This ASR is a grass roots approach to building a new hydrologic and hydraulic model for the blue, green, and brown areas to the south of Corpus Christi bay in Attachment 1 of the ASR—originally it was assumed that these detailed hydrologic and hydraulic models would be available to us. 2. The ASR is adding approximately 70 square miles of new InfoWorks ICM 1D/2D modeling (green areas in Attachment 1) in the urbanized areas of the City instead of the hot spots only approach in the original scope. 3. Approximately 7 square miles of new HEC-RAS 2D rain-on-grid modeling (brown areas in Attachment 1)will be performed for the developed Flour Bluff coastal area of the City. 4. In our data collection efforts, we received a fairly detailed XPSWMM 1D/2D model of the Central Business District that was recently completed; however, it will need an update to Atlas 14 rainfall that was not originally anticipated. Transportation Water Resources I Land Development I Surveying I Environmental telephone: 214-420-8494 address: 5810 TENNYSON PARKWAY, SUITE 425 PLANO, TX 75024 website: PAPE-DAWSON.COM Dallas I San Antonio I Austin Houston Fort Worth Texas Enginoorwg Firm x470 Texas Surveying Firm 910194390 Mr.Al Raymond,AIA,CBO City of Corpus Christi—Master Planning and Impact Fee Study—RFQ 3083 September 3,2021 Page 2 of 2 5. Developing a comprehensive Drainage Criteria Manual instead of the Atlas 14-only language update of the current manual in the current scope of work. Pape-Dawson is requesting the attached additional services request of $1,192,000 to accomplish these additional tasks in development of the comprehensive Stormwater CIP Plan and Impact Fee Study. We believe this request is reasonable and comparable to other similar past efforts performed by various other municipal organizations in the coastal area of Texas of similar size, topographical features, urbanization, and rainfall patterns. If you have questions or need additional information, please do not hesitate to contact me at your earliest convenience. Sincerely, Pape-Dawson Engineers, Inc. Kim S. Keefer, P.E. Managing Vice President Water/Wastewater Infrastructure Cara C.Tackett, P.E. Sr. Vice President Attachments - Additional Services Request No. 1 - Scope Attachment 1 0:\Users\ZSukheswa11a\Water&WW Proposa1s\210730a2.docx FIJPAPE-DAWSON ENGINEERS rdPAPE-DAWSON ENGINEERS July 30, 2021 (Revised September 3, 2021) Ms.Jennifer Rodriguez Contracts/Funds Administrator City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 Re: City of Corpus Christi - Master Planning and Impact Fee Study- RFQ 3083 Job No. 12383-00 Additional Services Request No. 1 Dear Ms. Rodriguez: The City of Corpus Christi (the City) entered into an agreement with Pape-Dawson Engineers, Inc. (CONSULTANT) on March 4, 2021 for the completion of several citywide master plans, including one for stormwater. Completion of the stormwater master plan was predicated on the availability of certain data including existing conditions riverine and storm drainage hydraulic models. Much of the data could not be located or was not available as assumed. A few of the studies used outdated methods for determining discharges and flooding extents and the effort to use them for this study would be greater than creating a new model using current methods. Execution of the following scope is intended to result in an updated assessment of the City's drainage infrastructure. Updated modeling is to be used to identify areas of flooding and capital projects which intend to mitigate flooding upon their construction. Projects identified are to be summarized, evaluated, and ranked in order of the City's priorities based on criteria developed by the City and stakeholders. A Capital Improvements Plan (CIP) will be developed for the next 10 years of the projects, estimates, and rankings. By submitting ASR#1 Pape-Dawson is requesting that Task 291 of the original contract be deleted and the remaining unbilled budget be applied to Tasks 901-904. The work detailed below was performed within the scope of work and ultimately led us to the recommendation for the proposed rescoping. The portions of the current scope which have been completed under this agreement are as-follows: Scope Section V., Part A. "Data Collection" • Prepared for and conduct a kick-off meeting. • Obtained and cataloged the latest watershed data, to wit—this was demonstrably longer and more data than was than budgeted. • Prepared for and attended additional meetings and phone calls in pursuit of existing modeling data. • Requested plans of record, to wit—none were provided. • Reviewed existing and future land-use data. Transportation I Water Resources I Land Development I Surveying I Environmental telephone: 210-3759000 address: 2000 NW LOOP 410 SAN ANTONIO, TX 78213 website: PAPE-DAWSON.COM San Antonio Austin I Houston I Fort Worth Dahas Texas Engineering Firm d470 7exos Surveying Fiim r 10028800 Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 2 of 12 • Obtained GIS data. • Conducted a 1-day field visit. Scope Section V., Part C. "Update to Existing Modeling" • Developed a hydrologic modeling memo to document the modeling methodology to be used in performance of the study. • Reviewed existing models to see if they were complete and usable. Scope Section V., Part D. "Stormwater Master Plan" • Met with City staff to discuss intended revisions, one of which was to consolidate the DCM and DDM into one adoptable document. • Completed review and began making recommendation for"potential drainage criteria revisions." Scope Section V., Part E. "Drainage Capital Improvement Plan" • Worked with City staff to identify any current CIP projects. • Created a fillable form to be used by City staff to populate the data on CIP projects which may be programmed, though of, expected, but not documented. Shown in the attachment are the study limits and modeling types that are referenced throughout the following scope of work: I. HYDROLOGY FOR ONE-DIMENSIONAL(111)) MODELING (TASK 901) $140,100 • CONSULTANT to obtain, mosaic, re-sample at a 10-meter resolution,and re-project the 2018 Texas Water Development Board (TWDB) Strategic Mapping (StratMap) Light Detection and Ranging (LiDAR) hydro-flattened Digital Elevation Models (DEM). • CONSULTANT to utilize the Hydrologic Digital Elevation Model (HDEM)to automate delineation of watersheds. Watersheds are to be manually subdivided where necessary to coincide with hydraulic modeling. • CONSULTANT to obtain and merge soil surveys for Nueces,Jim Wells, San Patricio, Live Oak, and Kleberg counties. The soil texture classes to be extracted and utilized for the application of Green-Ampt soil losses. • CONSULTANT to obtain the 2016 National Land Cover Dataset (NLCD) as the basis of existing impervious cover. The impervious cover raster is to be visually screened and updated. The updates include areas of development which are beyond the extent of the original NLCD imaging. Polygons of areas of development and approximate impervious covers to be used based on comparison with other areas of similar development captured within the NLCD. • CONSULTANT to approximate Clark unit hydrograph parameters using the time of concentration and storage coefficients. • CONSULTANT to develop hydrologic routing using a combination of Modified-Puts and Muskingum eight-point cross sections. Modified-Puts to be used where one- dimensional (1D) HEC-RAS models are available. Muskingum eight-point cross FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 3 of 12 sections are to be used for other open channel reaches. Results from the two- dimensional (2D) hydraulic modeling to be used to create source hydrographs for the hydrologic modeling. It is assumed that HEC-HMS v4.8 is to be used to prepare the hydrology for the 1D hydraulic modeling areas shown in the attachment. • CONSULTANT to apply rainfall using the National Oceanographic and Atmospheric Administration (NOAA) Rainfall Atlas Number 14, Volume 11—Texas point precipitation data for the Corpus Christi station. • CONSULTANT to simulate runoff using HEC-HMS for four events: 10%- (10-year), 2%- (50-year), 1%- (100-year), 0.2%-annual chance (500-year). • CONSULTANT to utilize the United States Geological Survey (USGS) gauge at Oso Creek and CR 763 to perform a flood frequency analysis (FFA) for the Oso Creek only. The FFA is to be performed using USGS' PeakFQ and the requirements of Bulletin 17B. Results of the FFA to be used to analyze the statistical discharges for the modeled storm events. Time-of-concentration and storage coefficients to be adjusted to produce discharges within the confidence limits. CONSULTANT has not assumed modeling of historical events for calibration of model parameters. • CONSULTANT to summarize the results of the FFA in a technical memorandum to be incorporated by reference into the overall drainage master plan report. A draft pdf version of the technical memorandum is to be provided to the City for review. Following a formal review consisting of one (1)set of written comments by the City and its various departments under one cover, a revised technical memo in pdf format is to be prepared to incorporate as a reference in to the overall drainage master plan. It is assumed that only one (1) round of review comments are to be addressed as part of finalizing the technical memo. II. HYDRAULICS (TASK 902) $1,224,500 As shown in the attachment,there are several different hydraulic modeling techniques required to address the differing types of flooding throughout the extent of the city's stormwater master plan area. InfoWorks ICM will be used for the urbanized areas of the study area, XPSWMM for the downtown area building upon recent modeling performed by others, 1D steady state HEC-RAS modeling for the riverine portions of the Oso Creek watershed, and 2D rain-on-grid HEC-RAS modeling for the Flour Bluff coastal area of the city. The following tasks are to be performed as part of the overall Hydraulics effort: InfoWorks ICM • CONSULTANT assumes that InfoWorks ICM is to be used to study approximately 70 square miles of the most urbanized areas of the overall study area. The approximate area is shown in attachment. • CONSULTANT to obtain the City shapefiles for storm drainage pipes,junctions, and inlets. • CONSULTANT to create shapefiles which are capable of being imported into InfoWorks ICM. This model is to use a structure naming convention, 'from' and 'to' t st usts�ust st_s~s�usts, st st usts�ust st_st�ustss st st usts�ust st sts�ust, FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 4 of 12 node identification, inverts, conduit size and shape, and rim elevations where available. Where invert and rim elevations are not available an assumed cover of 4-feet above the top of pipe is to be used. Where pipe size and inverts are not available, the pipe segment and manholes may be omitted. • CONSULTANT to generate a 2D mesh area using a minimum triangle area of 50 square feet and a maximum area of 80 square feet. Breaklines are to be added for open ditch centerlines using the city's asset management shapefiles. • CONSULTANT to create a 2D land-use shapefile using a combination of public consumption building data, zoning classifications, and parcel boundaries. Roughness is to be specified as depth-varying due to the range of depths expected in the 2D domain. Infiltration is not to be simulated within the 2D domain. • CONSULTANT to use the drainage areas and hydrologic parameters generated in Task 1 to import catchments into the Info Works ICM model. • CONSULTANT to utilize the 1D cross section to create a boundary condition along the Oso Creek perimeter of the InfoWorks ICM model limits. A rating curve is to be applied one cross section downstream of the study limits. • CONSULTANT to generate inlet rating curves for City of Corpus Christi inlets. Desktop observation using GIS data is to be used to identify the type of inlet and number of inlets. The rating curve is to be applied at the nearest junction and the rating curve scaled to represent the cumulative inlet capacity. This study is not an inlet-level analysis and prioritizes the assessment of the storm drain main capacities. • CONSULTANT to utilize EagleView to approximate bridge and culvert crossings which may not be included in the City asset management databases. The data obtained from this review is to include the inlet/outlet configuration, approximate size and number of barrels, structure depth, rail heights, and length of crossing. CONSULTANT has assumed that 790 crossings are to be created using the approximate methods. • CONSULTANT to place boundary conditions at the external limits of the models. Boundary conditions representing the Corpus Christi and Oso Bays is to be placed at the Highest High Water (HHW) as recorded by the NOAA tidal gauges recorded at the USS Lexington and Corpus Christi stations. No storm surge or coastal flooding are to be assumed in the hydraulic modeling. • CONSULTANT to subdivide the model as needed for operational efficiency. The models are to be run for existing conditions and debugged for model stability. Adjustments are to be made to achieve a cumulative mass balance error less than 10%. • CONSULTANT to create a 10-year ultimate development (UD) model using the existing conditions as the basis. The 10-year UD model is to be updated with impervious cover increases from the 10-year land-use assumptions. 2D land-uses are to be updated commensurately to incorporate the land-use changes. The 2D land-use for residential land-uses which have not yet developed are to be composited to increase the roughness which comes from the presence of buildings. FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 5 of 12 o CONSULTANT has assumed thirty (30) CIP projects within the InfoWorks ICM modeling area with one(1) proposed model run for each project of the projects for one (1) design storm event; • CONSULTANT to utilize the maximum water depth results from the 10-year UD model to identify areas where structure flooding is occurring. These areas are to be clustered into "damage areas." CONSULTANT to create a single model run for a proposed solution to address the structure flooding in the identified damage areas. 30 damage areas have been assumed for the purposes of estimating the level of effort. Optimization, utility conflict identification, or value engineering of the proposed solutions is not included. • CONSULTANTto utilize depth grid comparisons between existing conditions and the 10-year UD 100-year results to identify areas which are impacted by proposed development or redevelopment. Areas where increased flooding from development/redevelopment is identified a structure depth-damage assessment of existing conditions and 10-year UD conditions are to be used to proportion the amount of cost of the projects which may be eligible for impact fee. • CONSULTANT to create maps of existing conditions 100-year and proposed 10-year UD conditions 100-year floodplains for the identified damage centers. The proposed improvements are to be noted schematically to allow for approximating lengths and sizes of improvements. • CONSULTANT to summarize the methodology and results of the study in a memorandum which is to be incorporated into the revised report. A draft pdf version of the technical memorandum is to be provided to the City for review. Following a formal review consisting of one (1)set of written comments by the City and its various departments under one cover, a revised technical memo in pdf format are to be prepared to incorporate as a reference in to the overall drainage master plan. It is assumed that only one (1) round of review comments are to be addressed as part of finalizing the technical memo. HEC-RAS 1D Modeling • CONSULTANT assumes that HEC-RAS 1D unsteady state modeling is to be used for the study of approximately 107 stream miles. • CONSULTANT to utilize the Effective 1D steady-state HEC-RAS models for the Oso Creek as the basis for review and update of cross section configuration, reach lengths,and manning's n-values. CONSULTANT to import the Major Ditches models completed for City project E12191 as the 'best available.' Adjustments to reach connectivity are to be made to accommodate the imported model. • CONSULTANT to re-cut the cross sections using the 2018 StratMap LiDAR. • CONSULTANT to create manning's n-value shapefiles using the NLCD 2016 as the basis. The manning's n-value shapefile is to be used to update existing models as well as determine values for newly created models. • CONSULTANT to create or update the flow file with the discharges calculated in the hydrology task. FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 6 of 12 • CONSULTANT to utilize stream centerlines generated in the Task 1 to delineate cross sections for the unstudied stream segments within the study area. CONSULTANT has assumed that there are approximately 35 stream miles of unstudied stream. • CONSULTANT to utilize normal depth for all stream segments which do not daylight to the Corpus Christi or Oso Bays. CONSULTANT to utilize the HHW elevation at the nearest NOAA tidal gauge for the starting water surface for streams which outfall into the Corpus Christi or Oso Bays. • CONSULTANT to utilize EagleView to approximate bridge and culvert crossings which may not be included in the City asset management databases. The data obtained from this review is to include the inlet/outlet configuration, approximate size and number of barrels, structure depth, rail heights, and length of crossing. CONSULTANT to not update the existing bridges and culverts or review them for accuracy. CONSULTANT has assumed that 790 crossings are to be created using the approximate methods. • CONSULTANT is to complete preliminary model runs and adjust the cross-section lengths as needed to contain the maximum water surface of the profiles analyzed. • CONSULTANT to generate 100-year water surface mapping for existing conditions and UD conditions. • CONSULTANT to utilize the water surface results to identify areas where structure flooding is occurring. These areas are to be clustered into "damage areas." CONSULTANT to create a single model run for a proposed solution to address the structure flooding in the identified damage areas. Five(5)damage areas have been assumed for the purposes of estimating the level of effort. Optimization, utility conflict identification, or value engineering of the proposed solutions is not included. o CONSULTANT has assumed five (5) CIP projects within the HEC-RAS 1D modeling area with one(1) proposed model run for each project of the projects for one (1) design storm event; • CONSULTANT to create maps of existing conditions 100-year and proposed 10-year UD conditions 100-year floodplains for the identified damage centers. The proposed improvements are to be noted schematically to allow for approximating lengths and sizes of improvements. • CONSULTANT to summarize the methodology and results of the study in a memorandum which is to be incorporated into the revised report. A draft pdf version of the technical memorandum is to be provided to the City for review. Following a formal review consisting of one (1)set of written comments by the City and its various departments under one cover, a revised technical memo in pdf format is to be prepared to incorporate as a reference in to the overall drainage master plan. It is assumed that only one (1) round of review comments is to be addressed as part of finalizing the technical memo. FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 7 of 12 HEC-RAS 2D Rain-on-Grid (ROG) Modeling • CONSULTANT to create a 2D grid using a 100-foot grid cell size. Breaklines are to be added for identifiable low points using the stream lines developed in the hydrology task. • CONSULTANT to create a 2D land-use using the 2016 NLCD as the basis and augmented with land-use assumptions for the urbanized areas within the study limits. • CONSULTANT to use the hydrology above to approximate the excess rainfall for the study area. The excess rainfall is to be applied to the study area as a rain-on-grid. • CONSULTANT to utilize a constant elevation boundary condition at the limit of the Laguna Madre, the elevation chosen is to be a HHW elevation which is to be determined in consultation with the City based upon review of NOAA data and high- water marks obtained through anecdotal or actual evidence. Boundaries with landward streams are to be set to normal depth. • CONSULTANT to run the existing conditions and debug the model for stability. Adjustments are to be made to achieve a cumulative mass balance error less than 10%. • CONSULTANT to create a 10-year ultimate development (UD) model using the existing conditions as the basis. The 10-year UD model is to be updated with impervious cover increases from the 10-year land-use assumptions. 2D land-uses are to be updated commensurately to incorporate the land-use changes. The 2D land-use for residential land-uses which have not yet developed are to be composited to increase the roughness which comes from the presence of the buildings. • CONSULTANT to utilize the maximum water depth results from the 10-year UD model to identify areas where structure flooding is occurring. These areas are to be clustered into "damage areas." CONSULTANT to create a single model run for a proposed solution to address the structure flooding in the identified damage areas. Two (2) damage areas have been assumed for the purposes of estimating the level of effort. Optimization, utility conflict identification, or value engineering of the proposed solutions is not included. o CONSULTANT has assumed two (2) CIP projects within the HEC-RAS 2D modeling area with one(1) proposed model run for each project of the projects for one (1) design storm event; • CONSULTANT to create floodplain maps of existing conditions 100-year and proposed 10-year UD conditions 100-year for the identified damage centers. The proposed improvements are to be noted schematically to allow for approximating lengths and sizes of improvements. • CONSULTANT to summarize the methodology and results of the study in a memorandum which is to be incorporated into the revised report. A draft pdf version of the technical memorandum is to be provided to the City for review. Following a formal review consisting of one (1)set of written comments by the City and its various departments under one cover, a revised technical memo in pdf format is to be prepared to incorporate as a reference in to the overall drainage FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 8 of 12 master plan. It is assumed that only one (1) round of review comments is to be addressed as part of finalizing the technical memo. XPSWMM 1D/2D Modeling • CONSULTANT to utilize the XPSWMM 2019 existing conditions models created by AECOM as the basis for the modeling of the central business district. CONSULTANT assumes that the models include all necessary support files and are accurate having been accepted previously by the City and will not review the completeness or accuracy of the models. If modeling issues which cause erroneous results or are impactful to this study's results are found, the CONSULTANT will notify the City of such occurrences and recommendations for further modification of the models which is not included in this scope of services. • CONSULTANT to update the applied hydrology using Atlas 14 rainfall depths. • CONSULTANT to run the existing conditions model for four events 10-, 50-, 100-, and 500-year and debug the models for stability. Adjustments are to be made to achieve a cumulative mass balance error less than 10%. • CONSULTANT to create a 10-year UD model run using the existing conditions model as the basis for four events 10-, 50-, 100-, and 500-year and debug the models for stability. Adjustments are to be made to achieve a cumulative mass balance error less than 10%. • CONSULTANT to create a difference grid using the existing conditions and UD models for the storm events modeled. The difference grids are to be used to identify areas where there are increases in flooding due to redevelopment. • CONSULTANT to import improvements from the proposed conditions AECOM models which are to improve the increased flooding identified by the difference grids. The portions of the proposed conditions model imported will be used to create maps of the proposed improvements. Those imported improvements are to be noted schematically to allow for approximating lengths and sizes of improvements. o CONSULTANT has assumed one (1) CIP projects within the XPSWMM 1D/2D modeling area with one(1) proposed model run for each project of the projects for one (1) design storm event; • CONSULTANT to summarize the methodology and results of the study in a memorandum which is to be incorporated into the revised report. A draft pdf version of the technical memorandum is to be provided to the City for review. Following a formal review consisting of one (1)set of written comments by the City and its various departments under one cover, a revised technical memo in pdf format is to be prepared to incorporate as a reference in to the overall drainage master plan. It is assumed that only one (1) round of review comments are to be addressed as part of finalizing the technical memo. Mapping • CONSULTANT to prepare draft workmaps at 1" = 1,000' on 36"x48" borders. The depth grids from the 100-year model results from the different model types are to FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 9 of 12 be used to create a water surface delineation which is to be merged to create one composite floodplain. The maps are to include streets, flooding sources, ditch names, existing storm drain mains, proposed CIP project limits, building outlines, and parcel boundaries. • CONSULTANT to address City comments on the draft workmaps and submit copies with the revised report. Reporting • CONSULTANT assumes that modeling is an on-going task with informal reporting of progress and results. The reporting of those results is to be done through technical memorandums which are to be summarized into one cohesive formal report. Development of Capital Improvements Plan (CIP) is to be documented in the report along with the development of the scoring criteria and project scoring and rankings. III. CAPITAL IMPROVEMENT PROJECT PLANNING (TASK 903) $92,300 Cost Estimating • CONSULTANT to prepare an opinion of probable construction (OPCC) cost which complies with Class 5 of the American Association of Cost Estimating (AACE) publication. OPCCs are to be prepared using TxDOT moving average bid prices for the quarter in which the estimates are completed. An OPCC is to be generated for each of the 37 damage centers assumed in the hydraulics tasks. • CONSULTANT to maintain cost estimating back-up to include as an appendix to the project report. Prioritization • CONSULTANT to prepare a project sheet for the CIP projects identified. The project sheets are to include a brief project description, justification for the project, an image showing the location and expected limits, construction and other project costs, and potential sources of funding. These project sheets are to be completed in conjunction with City staff with input from CONSULTANT. • CONSULTANT to hold one (1) in-person workshop with staff and community members. Those having input at the workshop are to be selected by the City in advance of the meeting. Prior to the workshop CONSULTANT to prepare a draft scoring matrix based on input from the City. The goal of the workshop is to gain consensus on the criteria used, weighting assigned, and the scoring criteria. • CONSULTANT to separately score each project from the City and community members. A composite score will be developed based on input from City staff. The scoring will be summarized and provided to City staff for review. • CONSULTANT to hold one (1) in-person workshop to review the project scoring and make adjustments prior to finalizing for inclusion into the report. • CONSULTANT to update the project sheets to include the project ranking for inclusion in the project report. FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 10 of 12 IV. DEVELOPMENT OF DESIGN CRITERIA MANUAL(TASK 904) $153,300 • CONSULTANT to review the draft of the Drainage Design Manual (DDM) and the Drainage Criteria Manual (DCM) and consolidate the two documents into one cohesive document,the DCM; • CONSULTANT to prepare a table of contents (TOC) indicating sections removed from either document and sections newly inserted to the DCM and submit to City for review. The table of contents is to serve as the outline by which the rest of the document is to be completed; • CONSULTANT to post the chapters of the document on a SharePoint site for collaboration on content with the City of Corpus Christi. CONSULTANT to make recommendations on the structure of the document and the content: o CONSULTANT assumes that effort is limited to text and no details or sketches are to be modified; o CONSULTANT assumes re-writing of sections is not be required and that the level of effort is commensurate with editing; o CONSULTANT assumes effort is limited to thirteen (13) chapters and re- formatting of three (3) appendices; o CONSULTANT assumes three(2) new sections are to be added: coastal flooding and stormwater pump stations; • CONSULTANT to attend four (4) in-person workshops organized by City with developers and developer-engineers to obtain comments on the draft DCM; • CONSULTANT to revise the draft DCM based on community comments, staff, and City legal review; o CONSULTANT assumes that coordinating legal reviews is to be completed by City without direction from CONSULTANT; • CONSULTANT to attend in-person two (2) planning and zoning meetings for the discussion and recommendation to adopt the draft DCM; • CONSULTANT to attend in-person the first reading of the ordinance to adopt the draft DCM and the final reading before adoption to answer questions that may arise from staff, citizens, or Council. V. DIRECT EXPENSES (TASK 503) $5,200 OPTIONAL SERVICES VI. MODELING EAST OF CORPUS CHRISTI BAY(TASK 905) $138,700 • CONSULTANT to utilize the scope of work for Task 902, HEC-RAS 1D unsteady state modeling for 88 additional stream miles of limited detail study; THIS PROPOSAL ASSUMES AND/OR EXCLUDES THE FOLLOWING: ♦ Results of this study are to be used for planning purposes, models produced for this purpose maybe used as "best available"for other studies. Additional effort not included in this scope is required to verify accuracy of the models before using them for other purposes including insurance studies or design purposes, FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 11 of 12 ♦ 1D unsteady state modeling and 2D rain-on-grid modeling is expected to be performed in HEC-RAS v6.0. Upgrading to subsequent software versions released during the performance of this scope of work is not included in this scope. Upgrades to later software versions can be provided as an additional service; ♦ Field survey and/or field measurements are not included in this scope. Field surveying or measurements can be provided as an additional service; ♦ Spatial files (e.g. impervious cover delineations) not noted specifically in the above scope are not to be digitized or created as part of these services. Generating spatial data can be performed as an additional service; ♦ Minimal updates are to be performed to spatial linework data received from City based on desktop review. CONSULTANT is to make reasonable assumptions on missing data(e.g. elevation data)using engineering judgment where necessary to achieve the overall objective of the task; ♦ Models provided by the City are assumed to be complete and running without additional debugging; ♦ Development of an ArcGIS Online hosted website to display results of the study is not included. This service can be performed as an additional service; ♦ Meetings to be performed virtually unless specifically noted in this Scope. Additional meetings not noted in this Scope is to be performed virtually and limited to 30 minutes per meeting; ♦ Deliverables are to be provided in Portable Document Format (PDF) digitally for review unless otherwise noted above. Deliverables are to be provided in PDF digitally with an option for CONSULTANT to provide no more than 6 printed copies. Digital data is to be provided via the project SharePoint site established under other tasks being performed under this contract,- * ontract,♦ One (1) round of responses to reviews of deliverables has been assumed, additional rounds of responses may be provided as an additional service; ♦ Review comments to be consolidated and reconciled by City before releasing to CONSULTANT for review and response; ♦ Work to be performed under one notice-to-proceed(NTP). SUMMARY I. Hydrology for One-Dimensional (1D) Modeling Task 901 $140,100 II. Hydraulics Task 902 $1,224,500 III. Capital Improvement Project Planning Task 903 $92,300 IV. Development of Design Criteria Manual Task 904 $153,300 V. Direct Expenses Task 503 $5,200 Total w/o Optional Services: $1,615,400 Less value of remaining work on Task 291 $(423,400) Increase in Total Contract Value $1,192,000 OPTIONAL SERVICES VI. Modeling East of Corpus Christi Bay Task 905 $138,700 Total of Optional Services: $138,700 Grand Total: $1,330,700 FIJPAPE-DAWSON ENGINEERS Ms.Rodriguez Master Planning and Impact Fee Study—RFQ 3083 ASR#1 July 30,2021(rev.09/03/2021) Page 12 of 12 A budget increase of $1,192,000 is the estimated cost of Pape-Dawson's current understanding of the additional services identified above. Upon signing of this ASR by the client, this ASR to be governed by the existing proposal for this project signed by the client and engineer on the 4th day of March 2021. We appreciate the opportunity to work with you on this project. If you concur with this request, please acknowledge your approval by signing in the space provided below and returning this letter to our office via email, fax, or US Mail for our records. If you have questions or need additional information, please do not hesitate to contact me at your earliest convenience. Sincerely, Pape-Dawson Engineers, Inc. ACKNOWLEDGED&ACCEPTED Zubin Sukheswalla, P.E., CFM Signature: Managing Vice President, Hydrology& Hydraulics Print Name: Title: Date: Cara C. Tackett, P.E. Sr. Vice President Attachment 0:\Marketing\Proposals\Letters\2021\07\210728b3(P2955-21)SA ASR1 12383-00 R1.docx FIJPAPE-DAWSON ENGINEERS N / y a MODELING .� ,'// Legend STUDY STREAMS STUDYTYPE ICM ' NO MODELING(CCNAS);NO MODELING(PORT-CC);NO MODELING(TAMU-CC) RAS 1D RAS 1 HYDROLOGY RAS 2D ROG XPSWMM 1D/2D Oitylimits ETJ "r N 3/ '4"✓, i ' i / ''/ - it /%' f ��^�, °mow`' ✓/ jj fi .yr YjfX f /! •jam /�/�r/j�� �' Legend STUDY STREAMS STUDY TYPE ICM NO MODELING(CCNAS);NO MODELING(PORT-CC);NO MODELING(TAMU-CC) RAS 1D RAS 1 HYDROLOGY RAS 2D ROG XPSWMM 1D/2D Oitylimits ETJ so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of October 19, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Dante Gonzalez, Interim Director of Parks & Recreation d a n teg(a-)cctexas.co m (361) 826-7323 Heather Hurlbert, Director of Finance heatherh3(a)cctexas.com (361) 826-3227 Professional Services Contract Salinas Park Improvements - Design Only CAPTION: Motion authorizing the award of a professional services contract to LJA Engineering, Corpus Christi, Texas, to provide design, bid, and construction phase services for the Salinas Park Improvements project, located in Council District 3, in an amount of $69,625.00, with FY 2022 funding available from the Community Development Block Grant Fund. SUMMARY: This item is for the approval of a professional services contract for the design of the Salinas Park Improvements project. This project includes replacement of the existing walking trail surface, installation of new exercise stations, and new park lighting along the walking trail. The scope of work for this item includes the development of construction bid documents and professional support during construction. BACKGROUND AND FINDINGS: On July 21, 2020, an Ordinance was adopted for the FY 2020-2021 Consolidated Annual Action Plan (CAAP) which included the Community Development Block Grant (CDBG) budget in an amount of $2,758,645.00. The CAAP focused on public health, safety, necessity, convenience and general welfare of the City of Corpus Christi and its citizens and allocated $1 million of the CDBG funds for the Salinas Park Improvements project. Salinas Park is a popular sports and recreation destination located on Airport Road and near Horne Road. On November 18, 2020, an interdepartmental agreement was entered into by the Grant Monitoring Division and Parks and Recreation Department to award a $1 million CDBG grant for Salinas Park improvements. Salinas Park is designated as a community regional park. The Park includes accessible play structures, a walking trail, ball field, and furnishings. A splash pad opened in June 2020 with interactive water play features for youth of all ages. The project scope is for replacement of the existing 0.8-mile asphalt trail with a seven-foot-wide concrete walking trail, lighting improvements, and a series of exercise stations along the route. The proposed exercise equipment includes a sit-up bench, an adjustable leg press, an adjustable leg extension & curl, two-person accessible vertical press, two-person accessible lateral pull, adjustable rower, an adjustable arm curl, and an adjustable butterfly. The exercise equipment is of exterior grade and will be anchored to a concrete slab. The original Housing and Urban Development (HUD) agreement, which provided Parks & Recreation with CDBG funding for the project, had a completion deadline of September 30, 2021. However, the project experienced delays due to the COVID-19 pandemic. An extension request was granted by HUD that extends the completion deadline to March 31, 2023. This project does not include the design of the interconnecting road that will allow the neighboring residential area access to the park. This portion of the project will be addressed after the fee for the design is negotiated. PROJECT TIMELINE: 1 1 O N D J F M A M J J A S O 1 N Design Bid/Award Construction The project schedule reflects City Council award in October 2021 with construction completion in November 2022. COMPETITIVE SOLICITATION PROCESS: On May 19, 2021, the Contracts and Procurement Division issued a Request for Qualifications 3599 for Professional Engineering Services for Salinas Park Improvements project. The city received a total of four Statements of Qualifications. The selection committee consisted of representatives from Engineering Services, Planning, Parks & Recreation Departments, and the City Manager's Office. On July 21, 2021, the selection committee conducted interviews for the top three firms that were recommended by the evaluation committee. Firms were ranked based on five factors: 1) firm's experience and qualifications of firm; 2) team's experience and qualifications; 3) understanding of project scope based on understanding of scope of services, ability to maintain schedules, cost, and quality controls. The firm chosen based on the evaluation matrix is LJA Engineering. LJA Engineering has a long-standing record of work on public infrastructure projects in South Texas. Comparable projects include a 13-acre Municipal Park project (Portland, TX), Sports Complex (Portland, TX), Park Master Plan (Fresno, TX), and Railroad Ditch Hike and Bike Trail (Portland, TX). Corpus Christi specific projects include the S.E.A District Pedestrian Improvements (Bond 2012) and Citywide Street Preventative Maintenance Program (SPMP), Rodd Field Road Expansion, and civil engineering services for Morgan Avenue, Rodd Field Road, and Laguna Shores Road. ALTERNATIVES: The alternative is for staff to reject the proposal and re-solicit for the design of the park improvements. This would delay the project. FISCAL IMPACT: The fiscal impact in FY2022 is an amount of $69,625.00 with funding available from the Community Development Block Grant Fund. FUNDING DETAIL: The Capital Improvement Program (CIP) shows this project is ready to be implemented in FY2022 with sufficient funding available of$1,000,000.00 in the CDBG Fund. Fund: Community Development Block Grant (Fund 1059) Mission Elem: Revitalize and Stabilize Neighborhoods (132) Project No.: Salinas Park Improvements (Project No. 852105F) Account: Maintenance and Repairs (520130) Activity: 852105-F-1059-EXP Amount: $69,625.00 RECOMMENDATION: Staff recommends that City Council authorize the award to LJA Engineering for the design of the Salinas Park Improvements. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract Evaluation Matrix CIP Page BRANIFF LLJ STINSON Z Y h } WRIGHT ' _' • V O d PROJ ECT LOCATION CURTISS N LOCKHEEDSCALE: N.T.S. W O CUB ..• ;°m FAIRCHILD 2 Y O 4 w RYAN 4 lb a q�q 'OR�cs r <q q HORNE LOLITA a MENDOZA a MENDOZA V RF� .s ~ BLOOMINGTON ' TF ., . � _ ..`, Rtij ,." COs,:; �_ •.s >► �` °h LOCATION MAP �7 vILARREAL ,. , NOT TO SCALE PROJECT NUMBER: 852105F SALINAS PARK CITY COUNCIL EXHIBIT IMPROVEMENTS CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES ECT LOCATION Malmo 1 � III=1= .����� �+�;•���°� �■ 1 �� SCALE NTS. � r 1 1 DEPARTMENT OF ENGINEERING SERVICES RFQ NO.3599 Salinas Park Improvement Project CDBG Proposal Evaluation LJA Engieering Hanson MP Studio Binkley and Barfield MINIMUM QUALIFICATIONS (PASS/FAIL) Pass Pass Pass Pass Licensing/Certification No material lawsuits during last 5 years No material regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS) 44 43 41 38 Firms'Experience(15 pts) 13 13 12 11 Team's Experience(15 pts) 13 12 13 12 Understanding of Project Scope(20 pts) 18 17 16 16 INTERVIEW(50 PTS) 48 45 35 0 Firms'Experience(15 pts) 14 14 10 Team's Experience(15 pts) 14 13 11 Understanding of Project Scope(20 pts) 19 19 14 Total 92 88 76 38 se �O 0 � SERVICE AGREEMENT NO. 3599 CONTRACT FOR PROFESSIONAL SERVICES �N�ORPnPPS Ea 1852 FOR PROJECT SALINAS PARK IMPROVEMENT PROJECT NO. 852105F The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director)and LJA Engineering Inc, a Texas corporation, 5350 South Staples, Suite 425 Corpus Christi, Nueces County, Texas 78411 , (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................6 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................8 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Page 1 Rev.21-3 ARTICLE I —SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services,which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Page 2 Rev.21-3 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 1.10 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. 1.11 Federal Funding Requirements. This project is subject to requirements provided for by relevant federal agencies. A set of Federal Requirements has been attached as Exhibit E,the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Consultant must comply with Exhibit E while performing the Services. The Consultant will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as HUD, FEMA or their designees may by appropriate instructions require and a clause requiring the subconsultants to include these clauses in any lower tier subcontracts. The prime Consultant shall be responsible for the compliance by any subconsultant or lower tier subconsultants with all the contract clauses. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $69,625.00 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. Page 3 Rev.21-3 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase oras final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. Page 4 Rev.21-3 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.5 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the warranty phase of the Project. ARTICLE V— OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained Page 5 Rev.21-3 and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written Page 6 Rev.21-3 notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee,which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda, time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. Page 7 Rev.21-3 ARTICLE X— OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda,either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 Page 8 Rev.21-3 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i)submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable,whether in contractor tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature Page 9 Rev.21-3 arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Public Information.The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the Page 10 Rev.21-3 services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant 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 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.11 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. 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 http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services,the Consultant's response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XI II of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. [Signature Page Follows] Page 11 Rev.21-3 CITY OF CORPUS CHRISTI LJA ENGINEERING, INC Jeffrey Edmonds Date Jeff Coym, PE Date Director Of Engieeringing 5350 South Staples Suite 425 Corpus Christi, TX 78411 (361) 991-8550 Office Project Number Accounting Unit Account APPROVED AS TO LEGAL FORM: Activity Account Category Fund Name Assistant City Attorney Date ATTEST City Secretary Date Page 12 Rev.21-3 EXHIBIT A SCOPE OF SERVICES Contract for Professional Services 111 5350 South Staples Street,Suite 425,Corpus Christi,Texas 78411 LJA ENGINEERING t 361.991.8550 LJA.com TBPE F-1386 TBPLS 10016600 September 14, 2021 FEE PROPOSAL Jeffrey H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Re: Proposal for Salinas Park Improvement Project (CDBG) City Project No. 852105F LJA Proposal No. 21-4756 LJA Project No. C007-21169 Dear Mr. Edmonds: LJA Engineering Inc. (LJA) is pleased to provide this Large A/E Contract Proposal for the Design, Bid, Construction Phase and Additional Associated Services to support the Salinas Park Improvements Project (CDBG) as described in the following sections of this Proposal. The project scope includes removal and replacement of the existing asphalt walking trail in the park, construction of proposed exercise stations, and park lighting along new walking trail. The Scope of Services along with proposed fees and a schedule can be viewed in Exhibit "A', which is attached to this proposal letter. We appreciate the opportunity to submit this proposal and look forward to working with you on completion of this project. If you have any questions, please call us at 361.991.9550. Sincerely, Yesenia Singleton, PE Project Manager, Corpus Christi Jeff Coym, PE Vice President, Corpus Christi R:\BP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09-14-21\01-21-4756 Proposal Letter Rev 09-14-21.docx EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS SALINAS PARK IMPROVEMENT PROJECT (CDBG) PROJECT NO. 852105F I. SCOPE OF SERVICES GENERAL LJA hereby agrees, at its own expense, to perform design services necessary to review and prepare Plans, Specifications, Bid and Contract Documents. In addition, LJA will provide monthly status updates (project progress or delays), and provide contract administration services, as described in this contract, to complete the Project. LJA services will be "Services for Construction Projects" — (Basic Services for Construction Projects")which are shown and are in accordance with "Planning and Delivering Public Works Projects in the 21St Century "Third Edition" 2015, a publication of the American Council of Engineering Companies of Texas. The summary of these tasks and services is shown in following paragraphs. ORDER OF SERVICES LJA agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed. Work will not begin on any phase or any Additional Services until authorization is provided by the City. The anticipated schedule of the Design Phase, Bid Phase, and Construction Phase is shown on Page 3 of this Proposal. This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the City. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. LJA shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. A. BASIC SERVICES 1. Design Phase: $55,450.00 Coordinate design details with City Staff, prepare drawings and contract documents including specifications for construction purposes. Review and coordinate with the Geotechnical Laboratory, selected by the City, regarding the Soil Sampling and Pavement Recommendation Report. (The City will be responsible for all Geotechnical fees). Lighting and Electrical Plans and Specifications will be provided by our Subconsultant, Stridde, Callins and Associates, Inc. Their proposal can be viewed as Attachment D. a) Furnish Plans, Specifications and Bid Documents to the City and Grant Monitor Department for review and approval. b) Digitally Submit Plans, Contract Documents and Specifications at 90% completion to various City Departments for final review and comments. c) Prepare Opinion of Probable Construction Costs and review with City Staff. d) LJA Internal QA/QC e) Prepare Construction Timeline Exhibit"A" Page 1 of 5 RABP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09-14-21\02A- EXHIBITA REV(JC).docx f) Digitally Submit Final Sealed Plans, Contract Documents and Specifications for bidding and construction purposes to City Engineering as well as Development Services for construction approval. 2. Bid Phase: $2,415.00 a) Assist City in obtaining qualified contractors. b) Review all pre-bid questions and submissions concerning the bid documents and prepare for the City's approval, any addenda, or other revisions necessary to inform contractors of approved changes prior to bidding. c) Analyze bids, prepare bid tabulations, and make recommendation concerning award of the contract to lowest Qualified Contractor. 3. Construction Phase (Time and Materials, TW: $5,115.00 The proposed Construction Phase Tasks listed below will be invoiced on a Time and Materials basis. All items below will be performed only when directed by the City. a) Participate in the pre-construction meeting. b) Review for approval shop and working drawings, materials, and other submittals. c) Review Geotechnical Material Tests results for compliance with the Plans and Specifications. d) Provide interpretations and clarifications of the Plans and Specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Consult with City representatives, governmental authorities and CDBG Grant administrator as required and advise during construction. f) Make (3 visits) to the project site to confer with the City representatives and contractor, to observe the general process and quality of work and to determine in general if the work is being done in accordance with the Contract Documents. Review and coordinate contractor's progress schedule and critical path updates with contractor and the City. This will not be confused with the Project Representative inspection or continuous monitoring of the progress of construction. g) Consult with the City on any change order requests. h) Make Pre-Final Inspection with City representatives and assist the City in preparing a Punch List. (The City will prepare Punch List Items) I) Make final inspection with City representatives to ensure Punch List Items have been Addressed and provide the City with a Certificate of Completion. j) On-the-basis-of "red-line" drawings provided by the contractor and inspector, prepare"as-built" record drawings of the project as constructed based upon known deviations, change orders, mark-ups and changes reported by the City Project Inspector. Deliver to the City a reproducible set and electronic file of the Record Drawings and Specifications, which will be the property of the City. k) Warranty Phase, provide a maintenance guaranty inspection toward the end of the one-year period after the acceptance of the Project. Note any defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City Staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. Exhibit"A" Page 2 of 5 RABP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09-14-21\02A- EXHIBITA REV(JC).docx B. ADDITIONAL SERVICES 4. Permitting: $1,915.00 a) TDLR—Obtain on behalf of the City, a Texas Architectural Barriers System (TABS) project registration permit, obtain RAS review report and incorporate changes if necessary for compliance. The City will perform final onsite inspection with RAS Inspector. The permit fees have been included in this proposal. 5. Project Control and Survey: $4,730.00 a) All work will comply with Category 6, Condition 1 Specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. b) Establish horizontal and vertical control. c) Set project control points for horizontal and vertical control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State Plane Coordinates (South Zone), and the data will have no adjustment factor applied —i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All topographic grade work will be established using conventional (non-GPS) methods. Perform topographic survey to gather existing condition, natural grades, and utility's location along Trail path only. g) Generate electronic planimetric base map for use in project design. These services do not include reviewing recorded deeds, easements documents and draw right-of-way boundary for inclusion in topo drawing. II. SCHEDULE The A/E shall adhere to the original Project Schedule and in the event that an activity is not met, and the schedule changes, a revised schedule shall be submitted along with a justification explanation for the schedule change with the next month's Monthly Status Report. Date Activity TBD Notice to Proceed NTP 8 Weeks after NTP 90% Design Submittal 12 Weeks after NTP City Review 16 Weeks after NTP Final Sealed Bid Package 20 Weeks after NTP Advertise for Bids 24 Weeks after NTP Pre-Bid Conference 30 Weeks after NTP Receive Bids 34 Weeks after NTP Contract Award 38 Weeks after NTP Begin Construction 62 Weeks after NTP Complete Construction III. FEES A. Fee for Basic Services The City will pay the A/E a fixed fee for providing all "Basic Services" authorized as shown in the Summary of Fees table. The fees for Basic Services will not exceed those identified Exhibit"A" Page 3 of 5 RABP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09-14-21\02A- EXHIBITA REV(JC).docx and will be full and total compensation for all services outlined in Section LA 1-4, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services completed at the time of billing. The City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services For services authorized by the Director of Engineering Services under Section 1.13. "Additional Services", the City will pay the A/E a not-to-exceed fee as shown in the Summary of Fees table. Exhibit"A" Page 4 of 5 RABP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09-14-21\02A- EXHIBITA REV(JC).docx SALINAS PARK IMPROVEMENT PROJECT(CDBG) CITY PROJECT NO. 852105F SUMMARY OF FEES Original Amendment No. Amendment No. Amendment No. Total Contract Basic Services: Contract 1 2 3 Design Phase $55,450.00 $55,450.00 Bid Phase $2,415.00 $2,415.00 Construction Admin Phase $5,115.00 $5,115.00 Subtotal Basic Services $62,980.00 $0.00 $0.00 $0.00 $62,980.00 Additional Services: Permit Preparation $1,915.00 $1,915.00 Project Control and Survey $4,730.00 $4,730.00 Subtotal Additional Services $6,645.00 $0.00 $0.00 $0.00 $6,645.00 Summary of Fees: Basic Services Fees $62,980.00 $0.00 $0.00 $0.00 $62,980.00 Additional Services Fees $6,645.00 $0.00 $0.00 $0.00 $6,645.00 Total Authorized Fees $69,625.00 $0.00 $0.00 $0.00 $69,625.00 Exhibit"A" Page 5 of 5 R:\BP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09-14-21\02A-EXHIBIT A REV(JC).docx 114 5350 South Staples Street,Suite 425,Corpus Christi,Texas 78411 LJA ENGINEERING t 361.991.8550 LJA.com TBPE F-1386 TBPLS 10016600 ATTACHMENT B STANDARD RATE SCHEDULE ENGINEERING SERVICES Services performed by staff shall be billed at current billing rates as follows: Classification Billing Rate Vice President/Department Head, PE $260/hr Senior Project Manager, PE $230/hr Project Manager $190/hr Project Engineer, PE $180/hr Graduate Engineer III, EIT $140/hr Graduate Engineer 11, EIT $130/hr GIS Developer/Analyst $120/hr Hydraulic Modeler/Analyst $130/hr Designer III $150/hr Designer II $130/hr Designer 1 $110/hr Project Representative (Construction) $100/hr CAD Draftsman $95/hr Clerical $65/hr Other Subconsultants will be billed at cost plus 10%. Expert witness and certificate (merit or lender) duties will be billed at a rate of$425.00/hour. Reimbursable Expenses Reproduction, telephone, out-of-town travel expenses, filing fees, permit fees, and other special charges which are advanced on behalf of the Client, and other non-labor charges directly related to the Project will be billed at cost + 10% in addition to the fees agreed upon for Services rendered. Vehicle mileage will be charged at the current IRS mileage rate per mile. ADDITIONAL RATE TERMS FOR SURVEYING SERVICES Field party rate includes personnel/supervision, normal equipment and supplies. Client requested overtime shall be 1.5 times standard rate. Classification Billing Rate LSLS (Expert Witness) $250/hr LSLS $175/hr Sr. Project Manager/RPLS $170/hr Project Manager/RPLS $140/hr Project Surveyor/RPLS $130/hr Staff Surveyor/SIT $115/hr Survey Technician $105/hr Survey Draftsman $80/hr One-Man Survey Crew $145/hr Two-Man Survey Crew $155/hr Three-Man Survey Crew $180/hr Four-Man Survey Crew $210/hr Clerical $60/hr Special Equipment and Other Fees R:\BP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09- 14-21\03-21-4756 Attach B CC Rate Schedule-2 02FEB2020 Rev 09-17-21.docx Equipment and direct expenses including delivery, telecom, rental vehicles, and airfare are billed at cost + 10%. Sub-Consultants will be billed at cost plus 10%. Survey projects requiring overnight travel will be assessed a $60 per diem charge for each crew member. Boats Boat— Inshore Waters -$65.00/hr dock to dock - $400 minimum Marine Waters - $180.00/hr dock to dock - $1000 minimum Safety and Hazmat Training Any training required by the client will be billed at cost plus a 10% administrative fee or may be provided by the client. Hydro-Excavation (SUE) Crew Hydro-Excavation is billed at$12,500/week. 1. One (1)week minimum, unless work can be scheduled for multiple projects in the same week. 2. Crew includes truck(s) and trailer, hydro excavator, utility locator, earthen fill material, and water. 3. Excavation spoils disposal site and permits provided by client. 4. The anticipated utility exposure rates are two (2) test holes less than 5 foot deep per day inside the roadways and four (4)test holes less than 6 foot deep per day outside of the roadways. 5. Additional charges for work on active roadways; include road coring machine, traffic control, and pavement repairs. Special Hydro Excavator Equipment and Underwater Pipeline Locator Coring Machine for Pavement and concrete coring is billed at $75.00/day. Gradiometer(underwater pipeline locator) is billed at $150.00/day. R:\BP'S-OPPORTUNITIES(ENGINEERING)\2021\21-4756 City of CC-Salinas Park Improvement Project\Individual Docs REV 09- 14-21\03-21-4756 Attach B CC Rate Schedule-2 02FEB2020 Rev 09-17-21.docx AALJA Engineering,Inc. Proposal for Salinas Park Improvement Project(CDBG) Proposal No.C007-21169 TBPE F-1386 TBPI510016600 City Project No.852105E ILIA Project No.C007-21169 Attachment"C' 260 230 190 180 100 130 120 130 150 130 110 100 95 155 105 170 65 RavCSERVICEs 1.oeslgn phase(Apps-45 sneer.) ..- 1 Title Sheet(1 Sht) 1 1 'S 1 1 $ 575.00 $ 575.00 Le end&T stin Schedule(1 Sht) 1 1 I --.)_ 1 1 $ __..575.00 $ 57590 Estimated Quantities(1Sht) 1 1 2 2 $ ]8000 $ 780.00 _............___-..... ....._. _. Sheet Layout,Control and B enchmark information 11 Sht) 1 1 2 1 1 8 $ 35 .1,350.00 $ 1, 0.00 _l General Notes&Segoenaeof Constroason_(15hr.) 1 1 1 z $ 670.00 $ 670.00 (Demolition Plan(4Shts.) 11 2 4 $ 9]0.00 $ 9]0.00 Existing/Proposed Typical Sections()Sht) 1 1 2 4 $ 97000 $ 970.00 (Proposed Trail Grading Plan(4 Shts) 11 4 8 $ 1,5]0.00 $ 1,5]0.00 _ Improvement Over E-i ng Storm Pipe C_-sling shis.) 1 1 1 z $ 670.00 $ 670.00 Driveway Crossi ng P la n(1 Sht I 1 1 2 4 $ 970.00 -LL-97o.00 _ TrailConnection Te I nto Existing Sidewalk(2 Shts. 1 1 2 4 $ 970.00 $ 970.00 _Exercise Station Plan 1 21 1 4 1 1 1 1 1$ 930.00 I $ 930.00 Exercise Station Foundation Details(2 Shts.) 1 2 4 $ 930.00 $ 9330.00 Electrical Lighting Design Sheets $ 33,360.00 1$ 33,360.00 _ Stnpingand Signage(25hts.) _ 1 1 2 4 $ 970.00 $ 970.00 Sidewalk Detalls(1Shi 1 $ 95.00 $ 95.00 Standard Driveway Details(2Shts.) 1 $ 95.00-�$ 95.00 Curb Ramp Standard Details(4Shts.I 1 $ 95.001 I$ 95.00 inert.,Traffic Control Plans&Detai Is(3 Shts.) 1 1 2 4 $ 970.00�$ 970.00 j Erosion&Sedimentation Control Plan(1 Sht.) 1 1 2 $ 560.00'f1 1$ 560.00 _ Stormwater Best Management Practices IT Sht) 1 1 2 2 $ _ 780.00 $ 780.00 (Bid Proposal 2 2 $ 490.00 $ 490.00 Speci ficasons 2 2 $ 490.00 $ 490.00 (Contract Documents 2 4 $ 620.00 $ 629Ao Prepare and Submit 100%Review Package 2 1 $ _ 425.00 $ 425.00 Prepare 90%Opinion of Probable Cost 2 1 1 T I 1 1 $ 425.00 $ 425.00 Attend90%Plan Review Meeting 2 2 2 $ 1,200.00 $ 1,200.00 Revise Plans and Contrzct Documents Per City Comments 1 1 2 1 1 1 1 1 1 4 $ 620.00 $ 620.00 QC/QA of Plans and Contract Docs 2 $ _ 460.00 $ 460.00 Final Opinionof Probable ConstruRian Cast 1 1 1 1 $ 485.00 $ 485.00 Submit Sealed Plans and ContraR Documents 2 4 $ _ 640.00 $ 640.00 Site Visits During Design(One Trips,2 Person Team) 1 2 1 2 1 1 1 1 1 $ 740.00 $ ]40.00 subtotal Design Phase $ 55,450.00 11.Bid phase _ ____ Participate in the Pre-B id Confe nate 1 1 $ 45000 1 $ 450.00 Review Questions and Prepare Needed Addenda 1 1 1 $ 485.00 $ 485.00 Attend Bid opening 1 1 1$ 450.o0__C_e $ 450.00 Analyte B ds&Prepare Bid Tabulation 1 1 1 $ 515.00 $ 515.00 -Recomme rd Award of Contract -- 1 1 1-.. s 515.00� $ 515.00 Subtotal Rid phase $ 2,415.00 {aysoPPomuwnEzlErvwirvEEairvwl\zozz\zzarss cNdcc-III.Pahimp.,e��P,re\ljai.ia.dio.,:In za-z�-zzazw.,ry-1in"-,..-I,s-", Soft AALJA Engineering,Inc. Proposal for Salinas Park Improvement Project(CDBG) Proposal No.C007-21169 City Project No.852105E TBPE F-1386 TBPLS 10016600 UA Project No.C007-21169 Attachment"C' 260 230 190 l00 14.0 130 120 130 150 130 110 100 95 155155 105 l 110 65 W.Cons[lu[[ion Phase _ Participate in Pre-Conrtruction Meeting 1 1 $ 490.00 $ 490.00 ..._.._ .... --- -_ ._.. Review SubmittalsforConfarmanceta CantraR Docume is 2 2 $ _ 510510.0_0[R-- $ 510._0 Review Field Laboratory Tests Results $ 380.00_ $ 380.00 Provide Interpretations and Clarifications of the Contact Documents(Address RFPs) 1 2 $ 610.00 $ 610.00 Make Regular Visitsto the Project Sites(Civil,Electrical&Landscape Archit, 4 $ 760.00 $ 760.00 Assist in the Preparation of Change Orders 1 1 $ 255.00 $ 255.00 Make Punch List a rd Final Inspections with City Staff 2 1 4 $ .00 1,220 $ 1,220.00 Prepare Record Drawings 2 4 2 $ 890.00 $ 890.00 Subrotal ConsVURion Mase $ 5,115.00 TOTAL BASIC SERVICES $ 62,980.00 ADDITIONAL SERVICES IV.Permitting Prepare Documentation&Coordinatewith RAS 1 1 $ 255.00 $ 255.00 Compliance and Submit Regirtration 1 $ 190.00 $ 175.00 $ 365.00 Complete Revans iew of Pl1 $ 190.00 $ 415.00 $ 605.00 Compliance Inspection of Improvements i $ 190.00 $ 500.00 $ 690.00 Subrotal Permitting Phase $ Ip90.00 $ 1,915.0 V.T e5urvey ��_ �Pro'ect Coordinatio n2 2 2 $ 850.00 $ 850.00 Establish Control Points 1 2 $ 530.00 Topa Sury y f P j t Includ-ng-Locate All Ex't--'-p-' gl pmv t W th- th Trail,Sto C g,Drveways Along th T 'I Lght P d EI tri 1 16 4 $ 3,350.00 $ 3,350.00 Sery ces,T e n&'sing Sidewalk and Any Add t anal Items to Complete Project Scope Subrotal To e5urve $ 4,730.00 TOTAL ADDITIONAL SERVICES $ 6,645.00 TOTALS 1 5 10 54 35 0 0 0 0 0 0 26 0 67 16 0 8 30 $ 35,175.00 $ 34,450.00 $ 69,625.00 alevwawmurunrslEruuirveEairuul\pzz\zzazss crydcc-sail aanime��e �rP�renV�ai.ia�di oo<:anmza-zz\u�-zzazw-mry a�in :�nmryi: 1) 2of2 Stridde, Callins & Associates, Inc. Texas Firm No. F006328 342 S. Navigation Blvd. Corpus Christi,TX 78405-3615 Phone: (361)883-9199"Fax: (361)883-9177 September 14, 2021 Jeff Coym, P.E. LJA Engineering, Inc. 5350 South Staples Street, Suite 425 Corpus Christi, Texas 78411 RE: Salinas Park Improvements —Trail Lighting Dear Mr. Coym: The following is in response to your request for amended fee proposal to render Electrical engineering services for referenced project. Please discard proposal dated August 26, 2021 and consider this proposal in lieu thereof. Proposed engineering services are as follows: A. Scope of Project: Prepare and submit Electrical Drawings and Technical Specifications for referenced project. Project scope is generally understood to include design of lighting system to illuminate the park trail. The general extent and character of services proposed herein has been derived from e-mail with associated link to the Salinas Park feasibility study by Hanson Engineering received on August 24, 2021. Provide Bidding Phase and Construction Phase engineering services for the Electrical portions of work. B. Proposed Engineering Services: 1. Review existing archived construction drawings (if available) in effort to coordinate engineering services with existing conditions. 2. Provide survey of existing electrical systems and general site related conditions during design in effort to coordinate design with existing conditions. 3. Attend meetings during design in effort to coordinate electrical design work with the requirements of your firm and to assist with allocation of spaces for electrical equipment. 4. Communicate with electrical utility company in effort to coordinate electrical service entrance design work with the requirements of the electrical utility company. 5. Prepare and submit technical drawings and specifications in accordance with the following phases: a. 90% Complete Drawings. b. Final Sealed Drawings and Specifications. 6. Prepare and submit opinion of probable construction cost upon completion of Phases 5.a.and 5.b. 7. Provide COMcheck documents if/as required by the local authority having jurisdiction. 8. Attend pre-proposal conference to be attended by prospective contractors. 9. If requested, provide responses to Bidding Phase Requests for Information (RFI's) and provide assistance with preparation of addenda's for the portion of design work prepared by Stridde, Callins and Associates, Inc. T:\Proposals\LJA\Salinas Park-CC,TX\Salinas Park-Trail Lighting_091421.doc LJA Engineering September 14, 2021 Page 2 of 3 10. Review electrical data submitted by the contractor indicating fixtures, materials and equipment proposed for installation. Submit report subsequent to review of such documents. 11. Communication with the contractor during construction as required to answer questions which may arise with regard to electrical drawings and / or existing conditions. Such communication will be handled by telephone or e-mail. When communication cannot be handled by remote means, jobsite meetings will be attended by personnel of this office. 12. Provide three (3) interim and one (1) final jobsite reviews of work performed by the contractor, jobsite reviews to be at such time desired by Architect, provided we are given adequate notice to allow scheduling of reviews. During such reviews, we will assert every reasonable effort to enforce the requirements of construction documents prepared by this firm and protect the related interests of LJA Engineering and the City of Corpus Christi. We will not perform exhaustive reviews, nor will we guarantee performance of the contractor. C. Compensation: We will provide the above Proposed Engineering Services for a fee of Thirty-Three Thousand Three Hundred Sixty Dollars ($33,360.00). D. Additional Services: If services are required and requested in writing in addition to services included in Part's "A" and "B" of this proposal, such services will be invoiced in accordance with the below schedule of hourly rates without regard to the status of the base fee amount. Engineer, P.E. ........................................................................$190.00/hour Engineer, E.I.T. ......................................................................$100.00/hour Senior Designer......................................................................$100.00/hour Designer.................................................................................$ 75.00/hour CAD Technician .....................................................................$ 70.00/hour Clerical ...................................................................................$ 60.00/hour E. Conditions and Exclusions: 1. Any and all services associated with hazardous materials survey, identification, and abatement is excluded. 2. Design provisions for CCTV systems are excluded. 3. Design of lighting pole foundations is excluded. Appropriate data and cut sheets for fixtures and poles specified by SCA will be furnished to LJA for design of lighting pole foundations by LJA. 4. Engineering services associated with studies and/or design of photovoltaic energy sources to serve lighting systems are excluded. 5. Engineering services associated with illumination of playgrounds, exercise areas, parking areas and all park areas other than the park trails included in referenced feasibility study are excluded. 6. Opinions of probable cost may be submitted to LJA Engineering at intervals specified herein in an effort to establish construction budgets. Client acknowledges that Stridde, Callins and Associates, Inc., has no control over construction market costs or over the Contractor's method of pricing. Opinions of probable construction cost provided are on the basis of engineer's experience. Stridde, Callins and Associates, Inc. makes no warranty (expressed or implied) TAProposals\LJA\Salinas Park-CC,TX\Salinas Park-Trail Lighting_091421.doc LJA Engineering September 14, 2021 Page 3of3 as to the accuracy of such opinions as compared to contractor bid / proposals amounts. 7. Stridde, Callins and Associates, Inc. will visit the project site to perform a limited survey of existing conditions related to the scope of work of this project. Stridde, Callins and Associates, Inc. shall make reasonable efforts to obtain the information necessary for the completion of new engineering designs related to this project. However, Stridde, Callins and Associates, Inc. has not been retained to recreate record drawings or to locate existing underground utilities. Engineer does not warrant or imply that existing locations for existing underground utilities will be discovered or revealed within the course of the survey that will be performed. 8. CAD base site plan or Revit model is to be furnished to SCA by LJA for electrical drawing preparation by SCA. 9. Participation in preparation of front end specifications is excluded. 10. Attendance at Bid Opening is excluded. 11. Attendance of pre-construction conference is excluded. 12. Jobsite reviews of MEP construction will be performed only at the request of your Firm. Such requests must be received a minimum of four (4) working days prior to the time of such reviews. 13. Review of Applications for Payment submitted by contractor is excluded. 14. Review of Close-out documents is excluded. 15. Preparation of as-built drawings from contractor markups is excluded from the base fee amount. Such services will be rendered as additional services in accordance with the above schedule of hourly rates if required. 16. Attention is directed that Arc flash studies and associated labeling of switchgear may be required by applicable codes. Arc flash studies and associated labeling of switchgear is not included within the base fee amount. Such services will be proposed as additional services if requested. We appreciate the opportunity to continue our service to LJA Engineering. Please advise if additional information or clarification is required. Please indicate your acceptance of this proposal by signing in the space provided and returning one signed copy. STRIDDE, CALLINS & ASSOCIATES, INC. Accepted by LJA ENGINEERING By: Scott E. Stridde, P.E. Name: SS/pg Date: The terms and conditions proposed herein shall be valid for a period not to exceed ninety (90) days from the date of issue. Execution of this proposal, after such time, may result in changes to the compensation, and / or terms and conditions proposed herein. TAProposals\LJA\Salinas Park-CC,TX\Salinas Park-Trail Lighting_091421.doc EXHIBIT B SAMPLE PAYMENT REQUEST FORM Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No.XXXX Invoice No.12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O&M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 1 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees 1 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,0001 23% Contract for Professional Services EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. Consultant is required to provide City with renewal Certificates. 1 .5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement Contract for Professional Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder. 1 .6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. 1 .8 In addition to any other remedies the City may have upon Consultant'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 withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Contract for Professional Services Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data.............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(8) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION EXHIBIT D Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services page 22 of 22 EXHIBIT E FEDERAL FUNDING REQUIREMENTS Federal Funding Reference: This project is being funded in whole or in part by the Community Development Block Grant Program (CDBG). All federal CDBG requirements will apply to the contract. All contractors and subcontractors are required to be registered in the federal System for Award Management (SAM). Bidders on this work will be required to comply with the President's Executive Order No. 11246 & Order No. 11375 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must comply with Title VI if the Civil Rights Act of 1964, the Davis-Bacon Act, the Anti-Kickback Act, the Contract Work Hours and Safety Standards Act, and 40 CFR 33.240. Bidders must also make positive efforts to use small and minority-owned business and to offer employment, training and contracting opportunities in accordance with Section 3 of the Housing and Urban Development Act of 1968. Required Contract Provisions: Conflict of Interest (2 CFR Part §200.318 General procurement standards) Interest of Members, Officers, or Employees of the Recipient, Members of Local Governing Body, or Other Public Officials. No member, officer, or employee of the recipient, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. Nondiscrimination Clause - Section 109, Housing and Community Development Act of 1974 No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Age Discrimination Act of 1975, as amended - Nondiscrimination on the Basis of Age No qualified person shall on the basis of age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended - Nondiscrimination on the Basis of Disability No qualified disabled person shall on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. Access to Records and Record Retainage Clause In general, all official project records and documents must be maintained during the operation of this project and for a period of three years following closeout in compliance with 24 CFR§570.490. The Department of the Treasurer, U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and the NC Department of Environmental Quality, or any of their duly authorized representatives, shall have access to any books, documents, papers and records of the Administering Agency which are pertinent to the execution of this agreement, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above Rule. Lobbying Clauses Required by Section 1352, Title 31, U.S. Code 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative, agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. This is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Legal Remedies Provision and Termination Provision 1) Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards Contracts. Other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate. 2) Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts under Federal Awards. All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Section 3 Clause All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See §200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014] Capital Improvement Plan 2022 2024 City of Corpus Christi, Texas Project# 21166 Project Same District 3 Park- Salinas Park r�- Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director Category Park Improvements Priority 2 Critical-Asset Condition Status Active Description The scope of this project will primarily focus on updating park trails,adding new shade structures and other park improvements.This overall park improvement project is being funded by a Community Development Block Grant. Justification Meets the departments mission to manage and maintain parks,beaches,open spaces and recreational facilities for the community. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 800,000 800,000 Design 100,000 100,000 Eng,Admin Reimbursements 100,000 100,000 Tom 1,000,000 1,000,000 Funding Sources Prior Years 2022 2023 2024 Total Grant-CDBG 1,000,000 1,000,000 Total 1,000,000 1,000,000 Budget Impact/Other 71 Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. 0 v AGENDA MEMORANDUM NOflPORAS E 1852 Action Item for the City Council Meeting of October 19, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Rolando Mata, Interim Director of Public Works/Street Operations rolandom2(a-)-cctexas.com (361) 826-1677 Heather Hurlbert, Finance & Business Analysis Heatherh3(o-)-cctexas.com (361) 826-3227 Construction Contract Award Callicoatte Road from IH37 to Up-River Road (Bond 2018, Proposition A) CAPTION: Resolution rejecting the low bid of Clore Equipment, LLC in the amount of$1,914,111.82, as non- responsive for failure to demonstrate the required experience by not completing the Statement of Experience, and awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, TX, for the reconstruction of Callicoatte Road from IH37 to Up-River Road, located in City Council District 1, with new concrete pavement and utility improvements in an amount of $1,927,197.50, with FY 2022 funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds. SUMMARY: This item awards a construction contract to Reytec Construction Resources, Inc. for the reconstruction of Callicoatte Road from IH37 to Up-River Road. The construction will include new concrete pavement, driveways, pavement markings, signage, street lighting improvements and utility improvements to water, wastewater, storm water and gas. BACKGROUND AND FINDINGS: Callicoatte Road, from IH37 to Up-River Road, is classified as a Secondary Arterial roadway and is 0.20 miles (or .46 lane miles) in length. The road consists of two asphalt pavement lanes with shallow swales on each side for drainage. This section of street was originally constructed in 1927 and was reconstructed in 1993. The proposed project will provide new 28' wide pavement, driveways, pavement markings, signage, underground storm water infrastructure with inlets, and wastewater, water, gas, and illumination improvements. This roadway section provides access to residential properties, a church, and a through access to Up River Road. Adjacent property owners have been notified of the project and City staff will continue to work with them throughout the project to inform the public and minimize inconveniences for the duration of the construction. PROJECT TIMELINE: J F M A M J J AlS O N D J F M AFM JIJ S O N D J M A M Design Bid Construction Award Project schedule reflects City Council award in October 2021 with construction completion in May 2022. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids. On August 19, 2021, the City received six bids for Base Bid 1 (Asphalt) and six bids for Base Bid 2 (Concrete). A summary of the bids is provided below: CONTRACTOR BASE BID 1 BASE BID 2 (ASPHALT) (CONCRETE) Mako Contracting $1,870,880.35 $1,930,734.35 Clore Equipment, LLC $2,002,996.35 $1,914,111.82 Bay Ltd $2,067,000.00 $2,117,000.00 Reytec Construction Resources NO BID $1,927,197.50 Gerke Excavating $2,062,212.64 $2,176,974.66 Clark Pipeline Services $2,471,475.96 NO BID JE Construction Services, LLC $2,701,477.50 $2,717,362.50 Engineer's Opinion of Probable Cost $1,874,814.19 $2,057,034.70 The lower lifecycle maintenance costs of concrete pavement justify a slightly higher construction cost. City Council Policy 28 provides guidelines for awarding bids when projects are designed with alternative concrete and asphalt pavement sections. Per City Council Policy 28, an award recommendation for concrete pavement is made if the additional construction cost for the concrete bid does not exceed $125,000/lane-mile or $17.75/square yard (SY) over the total construction cost for the asphalt pavement bid. This Callicoatte Road project contains 0.46 lane-miles or 3,210 SY of new pavement. The total construction cost differential between the second lowest concrete bid and the lowest asphalt bid is $56,317.15. Dividing the bid differential by the surface area of new pavement yields $123,511.76 per lane-mile or $17.54 per SY. That cost differential is 98.81% of the differential that Council Policy 28 would allow paying to get the higher cost concrete pavement alternative. The Plasticity Index (PI) of the underlying subgrade ranges from 30 to 44 and will require lime stabilization regardless of the pavement type. The connecting streets, IH 37 North Bound Access Road and Up River Road, are comprised of asphalt surfacing. The lowest bid for concrete was provided by Clore Equipment, LLC. Clore Equipment, LLC failed to demonstrate the required experience by not completing the Statement of Experience. As per bid requirements of the City policy they are considered non-responsive and has resulted in the rejection of the bid by the City. Staff therefore recommends awarding Reytec Construction Resources, Inc. Base Bid 2 for concrete pavement consistent with Council Policy 28. Reytec Construction Resources has successfully completed numerous street projects for the City such as Everhart Rd (Holly Rd to SPID), Six Points Intersection Improvements, Chaparral Street (Schatzel to Taylor), Flato Rd (Bates Rd to Agnes St.), Williams Drive (Rodd Field to Staples), S. Staples St. (Kostoryz Rd. to Brawner Pkwy) and Kostoryz Road (Brawner to Staples). ALTERNATIVES: The alternative is not to award construction contract to Reytec Construction Resources, Inc. which would delay the project and conflict with City Council's goal to expedite Bond street projects. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of$1,927,197.50 with funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY2022. The project is ready to be implemented and expenditures are within budget as shown in the CIP. Fund: Street- ST2020 Bd18 PI (Fund 3556) Mission Element: Street Pavement Maintenance (ME 051) Project: Callicoatte Road from IH37 to Up-River Road (18010A) Account: Construction (550910) Activity: 18010-A-3556-EXP Amount: $653,709.60 Fund: Storm Water- StrmWtr 2021 CI (Fund 4533) Mission Element: Drainage Infrastructure (ME 043) Project: Callicoatte Road from IH37 to Up-River Road (18010A) Account: Construction (550910) Activity: 18010-A-4533-EXP Amount: $331,775.40 Fund: Wastewater-WW 2021 CIP (Fund 4258) Mission Element: Wastewater Collection System (ME 042) Project: Callicoatte Road from IH37 to Up-River Road (18010A) Account: Construction (550910) Activity: 18010-A-4258-EXP Amount: $284,157.55 Fund: Water-Water Cap Rev (Fund 4480) Mission Element: Distribute Water (ME 041) Project: Callicoatte Road from IH37 to Up-River Road (18010A) Account: Construction (550910) Activity: 18010-A-4480-EXP Amount: $569,532.60 Fund: Gas- Gas 2015 Bnd (Fund 4561) Mission Element: Gas Distribution System (ME 022) Project: Callicoatte Road from IH37 to Up-River Road (18010A) Account: Construction (550910) Activity: 18010-A-4561-EXP Amount: $88,022.35 RECOMMENDATION: Staff recommends awarding a construction contract to Reytec Construction Resources, Inc., for the reconstruction of Callicoatte Road from IH37 to Up-River Road, in the amount of $1,927,197.50 for the reconstruction using concrete pavement with construction duration planned for seven months from issuance of the Notice to Proceed. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Bid Tabs FY2022 CIP Page Page 1 of 2 Resolution rejecting the low bid of Clore Equipment, LLC as non- responsive for failure to demonstrate the required experience by not completing the Statement of Experience and awarding a construction contract to Reytec Construction Resources, Inc., Corpus Christi, TX, for the reconstruction of Callicoatte Road from IH37 to Up-River Road, located in City Council District 1, with new concrete pavement and utility improvements in an amount of$1,927,197.50, with FY 2022 funding available from the Streets Bond 2018, Storm Water, Wastewater, Water, and Gas Funds. WHEREAS, bids were opened on August 19, 2021, for the Callicoatte Road from IH37 to Up River Road reconstruction project ("Project"); and WHEREAS, Section 2, paragraph 2.3 Bid Requirements of the Bid Documents states: A. The Bidder must have operated continuously for a minimum of 5 years as an established firm in providing construction in all areas associated with street reconstruction and widening, including planning, overlay, curb and gutter, full pavement reconstruction and new underground stormwater infrastructure, wastewater and water utility improvements. This experience must be outlined in the Statement of Experience Form provided in this RFB. D.1 . Statement of Experience— Bidder agrees to provide a Statement of Experience with its bid to demonstrate the Bidder's responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Bid being considered non-responsive. WHEREAS, Section 00 45 16 Statement of Experience, paragraph 1.01 provides, "To be considered responsive, the Bidder must complete and submit the Statement of Experience to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner." WHEREAS, Section 00 45 16 Statement of Experience, paragraph 2.06.A requires the Bidder to: "Provide information on projects that have been awarded to the Organization in the last 5 years. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project." WHEREAS, the apparent low bidder for the Project, Clore Equipment, LLC ("Clore"), failed to submit a completed Statement of Experience; and WHEREAS, Clore failed to show satisfactory completion of at least five similar projects within the last five years that are equal to or greater in size and magnitude than the current project. Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by Clore Equipment, LLC is rejected as non- responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of $1,927,197.50 for the Callicoatte Road, from IH37 to Up River Road reconstruction project. PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Project Location j ' W ' S Location Map w e. � yy 4 k Iix. .. • 1r#�` wi4 aw. y& � UP RIVER 40 I a a Ym 0a ' # ok +CRYSTAL ,� N w � F I Lu �- W •. r ti 19 w P `'•LEOPARD A , ry PROJECT NO. 180,1 OA CALLICOATTE ROAD CITY COUNCIL EXHIBIT H 37 TO CITY OF CORPUS CHRISTI,TEXAS UP RIVER ROAD DEPARTMENT OF ENGINEERING SERVICES IN,i—im.T— 1-1.."NIMT, 1.1—N 11 I—Il 1— 21220 FM 1420 Ill,I —ll .11—l= Ti. 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P$ f0 1 E ' W 2 "2 ' L w w W 2 M a 2 a Lm .. , — T _3 ILI M jM 2 m 70 —. . 3'.m " 29 — 1 25 0 5 0 5 2 EmM.M 7..7 2M 2 Is2,1" 12.2 Capital Improvement Plan 2022 thn, 2024 City of Corpus Christi, Texas Project# 18010 Project Name Callicoatte Rd (Up River Rd to IH 37) Pw�iY is Type Recondition/Longevity Department Public Works w. Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition a� Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan. This project is currently scheduled to begin construction in FY2022 and continue until completed. Schedules maybe adjusted after design is completed or during annual CIP update. Justification Consistency with the Comprehensive Plan;Policy Statements pp.25-32;Transportation Master Plan.This project will improve the road and accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 731,023 731,023 Design 180,299 180,299 Storm Water-St. 506,750 506,750 Waste Water-St 307,500 307,500 Water-St. 305,000 305,000 Gas-St. 60,750 60,750 Eng,Admin Reimbursements 140,000 140,000 Tom 180,299 2,051,023 2,231,322 Funding Sources Prior Years 2022 2023 2024 Total G.O. Bond 2018 90,150 809,850 900,000 Revenue Bonds 90,150 1,241,172 1,331,322 Total 180,300 2,051,022 2,231,322 Budget Impact/Other 71 There is no projected operational impact with this project,at this time. Once the project is completed it will be added to the Street Preventive Maintenance Program. 406 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 10/19/21 1852 Second Reading Ordinance for the City Council Meeting 10/26/21 DATE: September 30, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 2302 County Road 43 CAPTION: Zoning Case No. 0621-07, John C. Tamez (District 3). Ordinance rezoning property at or near 2302 County Road 43 from the"FR" Farm Rural District to the"RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property totals 104.90 acres in size and is currently zoned "FR" Farm Rural District, consists of vacant property, and has remained since annexation in 2019. To the south and west are properties outside of the City Limits and consist of vacant undeveloped land. To the north is another recently annexed property recently zoned "RS-4.5" Single-Family 4.5 District. To the east is Oso Creek. Conformity to City Policy The subject property is located within the boundaries of the London Area Development Plan and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. An adjacent property to the north was also annexed and is the first half of the proposed single-family residential subdivision. A wastewater lift station is currently under construction to provide service to the subdivision. However, the lift station does not have unlimited capacity. Once 75% of 0.45 million gallons per day is reached (approximately 0.34 million gallons per day), no additional homes can be serviced. Public Input Process Number of Notices Mailed 1 within 200-foot notification area 1 outside notification area As of August 17„ 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 22 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning to the "RS-4.5" Single-Family 4.5 District. 2. Approval of the rezoning to the "RS-22" Single-Family 22 District. The minimum lot size of 0.5 acres allows serviceability by septic systems and therefore would not need to connect to City wastewater. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission recommended approval of the zoning to the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District on August 4, 2021. Vote Count: For: 6 Opposed: 0 Absent: 3 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0621-07, John C. Tamez (District 3). Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District 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 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 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 104.90 acre tract of land out of a called 281.0337 acre tract, described in Doc. #200201903, Official Records of Nueces County, Texas, and being out of the south half of Section 6, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, as shown in Exhibit "A": from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District The subject property is located at or near 2302 County Road 43. Exhibits A and B, which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. 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 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 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A EXHIBIT "14" METES AND BOUNDS PROPERTY DESCRIPTIONS THE STATE OF TEXAS COUNTY OF NUECES Field notes description of a 104,M1 acre tract of lent out of a ca led 251,0337 acre tract., doscftacl In Doc, tt 200201903,Official Records of Nueces County, Texas,and being out of the south half of Section 6, Laureles F=arm Tract's,a map of which is recorded in Volume 3, Page 15, Map Records of Nueces C;DunN, Texas, Said 104.8991 acre tract of land is situated in the city limits rrf Corps's Christi, and is described by mates and bounds as follows. COMMENCING at a 518 inch iiron rW tound at the intersection of County Road 43 and County Road 22 for the southwest corner of said 281.0337 acre tract,excluding the �Ounty road right-of-way,and southwest corner of said SeCtilon 6,for the POINT OF BEGINNING and southwest corner of this tract; THENCE N 01:]'4928"W, a distance of 12'31.31 feet, along the centerline of said Cuuwy Road 43 and west boundary of this tract, and west boundary of said Section 6, to a point for the northwest corner of this tract; THENCE N B9"10'40" E, at 20,00 feet the east right-of-way of said Courtt-V Road 43 in all, a distance of 2892.92 feet to a point; THENCE S 2800329"E,a distance of 282.45 feet to a point-, THENCE S 63'04'06" E.a distance of 1205,11 feet to a point: THENCE N 85°32'35" E,a distance of 162-74 feet to a point; THENCE 5 49'27`25"E, a distance of 252,88 feet to a paint on the east boundary nt this tract; THENCE 5 00049'20" E, a distance of 257.68 feet to a point on the southeast darner of This tract; THENCE S 89"10'40" W, along thr` -cath boundary of this tract, a distance of 4432.27 feet, to the POINT OF BEGINNING, and containing 104,8991 acres,more or less; Bo inoary r)escription tc-r 1L^ .23 1 Acre Ir2aCt- hx",Italt 'A' Page 1 of 2 Page 4 of 6 This field note description is accompanied by a araw,ng of this 104.8991 acre tract,'Exhibit B'- I.Albert E. Franco,Jr., Registered Professional Land Surveyor of Texas,do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 1Ith day of JuCy,202 1. V Albert E. Franco,Jr„R.P.L.S. Texas Registration 04471 Prepared by UA Surveying, Inc. Boundary Description for 104.8991 Acre bract—Exhibit''A' Page 2of2 Page 5 of 6 Exhibit B UJ � � � � � � � � /\x, R LU L Al Al 2 \ ip EOe �, !� , :f, 15 - �� /�/ � \\/ /§ e 2�® ' / \� v g 10, LU \ � � \� �� �#�{\\ _ / E �\ � � k |j [§F CP z uA1,02,61I.T.N EP YO �v 411-9 W03�ju=nVH* 'UV 4M-LHVd 31U43N 3U .jowaL mwj 1� -U*V�u NWA f3-OdAul VH3M�013 inu 11 f"L*39 arm" 33iffkU 3*DU3 13 13131WI Uqli M K '"V VMkUA"an TION a VVI VA VIA 31Wd Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0621-07 INFOR No. 21ZN1024 Planning Commission Hearin Date: June 23, 2021 and August 4, 2021 r- Owner: John C. Tamez ° Applicant: LJA Engineering, Inc .� Location Address: 2302 County Road 43 aN Legal Description: A 104.90-acre tract of land out of a called 281 .03 acre tract, — °' described in Doc. #200201903, Official Records of Nueces County, Texas, and abeing out of the south half of Section 6, Laureles Farm Tracts, a map of which m is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas located along the east side of County Road 43, west of Yorktown Boulevard, 06 and south of Farm-to-Market Road 43. From: "FR" Farm Rural District To: "RS-4.5" Single-Family 4.5 District 'Es Area: 104.90 acres N Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning District Existing Future Land Use Land Use Medium Density Site "FR" Farm Rural District Vacant Residential, Floodplain Conservation, and = Commercial ca Medium Density N North "OCL" Outside City Limits Vacant Residential and 0 Floodplain Conservation Medium Density N J South "OCL" Outside City Limits Vacant Residential, FloodplainConservation, and X Commercial East "RS-6" Single-Family 6 District Vacant Medium Density Residential West "OCL" Outside City Limits Vacant Medium Density Residential Area Development Plan: The subject property is located within the boundaries 06 of the London Area Development Plan and is planned for a Medium Density a Residential and Floodplain Conservation area. The proposed rezoning to the M ° "RS-4.5" Single-Family 4.5 District is generally consistent with the adopted a o Comprehensive Plan (Plan CC) but results in a change to the Future Land Use Q Map (FLUM). City Council District: 3 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 1 ,323 feet of street frontage County Road 43 which is designated as a "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan, "A2" a N Secondary Arterial Streets can convey a capacity between 20,000 and 32,000 L Average Daily Trips (ADT). Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume }' 100' ROW U) d County "A2" Secondary Arterial Not Built N/A Road 43 54 paved Staff Summary: Development Plan: The subject property is 104.8991 acres in size. The applicant is proposing a large single-family residential subdivision. The applicant proposes 1 ,004 single-family residential lots with lot sizes ranging from approximately 54 feet wide by 120 feet deep, to 70 feet wide by 130 feet deep. These lot dimensions conform to the "RS- 4.5" Single-Family 4.5 District development standards. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained since annexation in 2019. To the north, and west are properties outside of the City Limits and consist of vacant undeveloped land. To the north is another recently annexed property zoned "FR" Farm Rural District that has recently applied to be rezoned to the "RS-4.5" Single-Family 4.5 District. To the east is Oso Creek. 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: 48-inch CSCP line located along County Road 43. Wastewater: Not yet available. A wastewater lift station is under construction which can service up to 600 single-family homes. Gas: Not Available Storm Water: Not Available Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the London Area Development Plan and is planned for Medium Density Residential, Commercial, and Floodplain Conservation uses. The proposed rezoning to the "RS-4.5" Single-Family 4.5 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). Staff Report Page 3 • 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 convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Promote new commercial, retail, and residential development while maintaining a tight-knit community character. (London ADP Policy Statement 2). • Encourage the development of small commercial nodes throughout the London Area to help reduce vehicular trips and to provide convenience to its residents. (London ADP Policy Statement 2). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • An adjacent property to the north was also annexed and will be the first half of the proposed single-family residential subdivision. • A wastewater lift station is currently under construction to provide service to the subdivision. • Construction of County Road 43 is being coordinated between the developer, the County, and Development Services. • Staff has recently recommended approval of a zoning case directly to the north, which is currently zoned "FR" Farm Rural District that has also applied to be rezoned to the "RS-4.5" Single-Family 4.5 District. • Planning Commission tabled the case on July 7, 2021 at the request of the applicant. The applicant has amended the boundaries of the zoning case which reduces the acreage from 185.0871 acres to 104.8991 acres. Planning Commission and Staff Recommendation (August 4, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single- Family 4.5 District. Staff Report Page 4 Number of Notices Mailed — 1 within 200-foot notification area. 15 outside notification area As of August 17, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 22 outside notification area 0 z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 5 RS a pP Z G G R5- FR SUBJECT PR6PFRTY CR 22 �i nae Created:7 21 0 7,000 2,0 00 Prep-ed By Feed Department ofnevefoPm-t Sersrdes CASE: 0621-47 SUBJECT PROPERTY WITH ZONING - ® Su6jed GOPefty — — SUBJECT -„ PROPER— \ �g RM-7 Multifamily l R Light hnJ-tat RM-2 Multifamily2 H Heart'hdu'strul RM-3 Multifamily3 Pll❑ Plan ned W nit Oev.Overlay y DN Prole ssi ona l Off ce RS-10 Single Family l0 RM-AT Mu.ltifamilyAT RS& gle Family6 _ Corp—Ch'Fi Bay CN-1 Neighborhood Commercial RS6.5 SiSin glia Fmily 4.5 4 CN-2NeighborhoodC.ommerc'a'I RSTF Two-Family CR-1 Re—1 Cmemial RS15 Single Family 15 CR-2 Resort Ce mal RE Residen' tel Estate 'ep C61 GereralCom—ommercel RSTH Townhouse CO-2 G neral Commercal Sp Special Penn it CIWensive Comuem RV Recreational brehide Park CBO D—rdown Commercial RMH Manufactured Home GR-3 Resort Comme m ial FR Farm Rural City of H Historic Overlay BP 6usirress Park LOCATION MAP C ti I Zoning Case #0621 -07 John C. Tamez Rezoning for a Property at 2302 County Road 43 From "FR" to "RS-4.5" O � t g � oa Qo g 0 Q SUBJECT �G3 PROPERTY City Council Oct. 19, 2021 Aerial Overview - 4 3� yf �' q CP { �1 FR V y �� Su�N✓rte/� ;��� PROPERTY s NSA-u7- Im J, Z Zoning Pattern and Adjacent Development NRs.a .... 1 [Fm Buffer Yards: N/A OCL o M-4&,,.TF lii rt'-° Setbacks: OCL R04 �,, � R� ��� Street: 20 feet leos Side/Rear: 5 feet SUBJECT PG®PEM Parking: Qa=a loss 2 per dwelling Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. Land Use Existing Land Use Future Land Use z� NSUBJECT, SUBJECij PROPERTY/ // PROPERTY M2 j O Vacant O Drainage _ Park O Low Density - Commercial _ Floodplain Residential OLow Density Conservation/ public/Semi-Public O Med.Density ® Permanent Residential Preservation Residential Open Space Public Notification 1 Notices mailed inside 200' buffer R 15 Notices mailed outside 200' buffer P� N £� Notification Area t ® R5 Opposed: 0 (0.00%) Separate Opposed Owners. 0 SUBJECT PROPERTY CR 22 In Favor: 0 (0.00%) M Notified property owner's land in square feet/Total square footage of all property in the notification area = 1%. -=1 Percentage of public opposition 5 Planning Commission and Staff Recommendation Approval of the "RS-4.5" Single-Family 4.5 District Utilities Water: 48-inch CSCP Wastewater: .�; In process rR , Gas: SUrJEC7 Not Available Pf�OO P�447 � Storm Water: Not Available Preliminary Plat w '1 7 7 III j I ,� z -- W . 77 F w: g Previous Notice Area W 0 R a y m a d c FR SUB.IECT PROPERTY 9\is CR-22 9 R s 14 0 - b a c i "1 4 i f ff� m _ s SUB EG f/ kib r Feet `" GALS. 0621-07 Aerial with Subject Property SUBJECT Subject P20P8RF .`4 Properly N A v r Map scale: 1:10,000 1 i M City of tocArroPChfisti se F AGENDA MEMORANDUM NIoHP�HPtE� Public Hearing and First Reading for the City Council Meeting October 19, 2021 1852 Second Reading for the City Council Meeting of October 26, 2021 DATE: September 23, 2021 TO: Peter Zanoni, City Manager peterz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning Dan ielmc(a)cctexas.com 361-826-7011 Urban Transportation Plan Amendment— Realignment of Martin Street to Lands Road CAPTION: Ordinance amending the Urban Transportation Plan (UTP) map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by shifting a proposed C1 Minor Residential Collector to the east, thereby extending Martin Street toward the south approximately 1,100 feet and connecting Martin Street to Lands Road. SUMMARY: As requested by Urban Engineering, on behalf of the landowner/developer MVR Construction Company, this ordinance amends the Urban Transportation Plan by realigning a proposed C1 Minor Residential Collector Street from within the proposed Saratoga Downs Unit 4 single-family subdivision to the east edge of the subdivision, resulting in the connection of Martin Street to the future Lands Road. The realignment creates a more efficient transportation network that is coordinated with future land uses. BACKGROUND AND FINDINGS: The segment of Martin Street proposed for realignment is categorized as a C1 Minor Residential Collector. This request is associated with the future development of Saratoga Downs Unit 4, which is a 33-acre single-family development located approximately 1,450 feet west of the Crosstown Extension (SH 286) and 1,300 feet north of Saratoga Boulevard (SH 357). The Collector street type collects and distributes traffic to and from local streets, other collectors, arterials, and freeway frontage roads. The function of this street type is to "collect" neighborhood traffic and strategically direct the traffic to the arterial grid system. However, the Collector street system should not create high speed "short cuts" through residential neighborhoods. The ideal Collector street intersection spacing between Arterials is 0.25 to 0.50 miles apart. On-street parking and direct access to single-family dwellings from this street type is discouraged. The proposed change will impact the subject property along with the neighboring property to the east. The current alignment proposes a C1 Collector to curve through the subject property connecting into the future Lands Road. The proposed realignment shifts the road east, making it a straight connection between Martin Street and Lands Road. The proposed realignment would also split the necessary right-of-way between the subject property and the undeveloped property to the east. One of the items considered when developing the Urban Transportation Plan was to place proposed streets on property lines when possible. The placement of streets along property lines allows for shared responsibility for construction and equal access to the properties. Land Use The current zoning of the subject property is RS-4.5 Single-Family and the affected property to the east is zoned IL Light Industrial. Shifting the Collector Street to the east along the border of the two properties creates a buffer between the two conflicting land uses. Additionally, the areas east of the subject property and east of the proposed extension of Martin Street are within the Navy's Accident Potential Zone 2 (APZ-2), where non-residential and less intense commercial and industrial uses are recommended. Grid System With the grid pattern, Arterial streets are planned every 1 to 1'/2 miles with Collector streets filling in the grid of Arterial streets and spaced every 114 to '/2 mile. A grid system increases the street network's ability to handle traffic. The grid pattern increases connectivity, increases the number of routes available to all users, and helps address congestion. Having alternate routes available to drivers/pedestrians/bicyclists makes for a more convenient transportation system for all users; assists emergency responders; and facilitates convenient detours during construction. Analysis of the Amendment Overall, connectivity is adequate in both the current plan and proposed realignment, but the shifting of the alignment east addresses a few issues. The proposed amendment will: • Maintain an adequate and efficient street network for the proposed land uses. • Improve connectivity by creating a grid pattern of streets. • Better separate residential uses from light industrial uses. ALTERNATIVES: No viable alternatives were evaluated. FISCAL IMPACT: Adoption of this plan amendment does not have a financial impact. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff, Planning Commission, and the Transportation Advisory Commission recommend approval of the proposed amendment to the Urban Transportation Plan. LIST OF SUPPORTING DOCUMENTS: • Ordinance with Map Exhibit • Applicant Request for UTP amendment • PowerPoint Ordinance amending the Urban Transportation Plan (UTP) map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, by shifting a proposed C1 Minor Residential Collector to the east, thereby extending Martin Street toward the south approximately 1,100 feet and connecting Martin Street to Lands Road. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council their recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; WHEREAS, City Council held a public hearing, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the 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. The Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended for a realignment of Martin Street to Lands Road, a planned C1 Minor Residential Collector, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. This ordinance is effective upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor EXHIBIT x.- UTP Amendment - Deletion and Replacement of Collector Roadway "' Nam s DORADO C1 {„ O °�- R�narssloN �� -fid 1 m�� x �r � � D• � ., ._ b • Al - f S Padre la{srn g �p w` a 5araooga Blvd m.. r, �= 017 JUSTIFY - — KENTUCKYDERRY I. -ter =` SECRETARIAT —`- ti PMM-Op •• tidy "�i'Gfi�� r"s:�IF.�rnrrir���i C1 94G rte- ^+ TTN L' . Ic GCT iO � 3j OI IIIIIIIIG U ',. ®® 4 i b - LANDS x lip Jo, a' W A3 ----_-- SARATOGA �n Legend UTP Roadways ----- MajorArterial-Proposed - Proposed Development Site Minor Arterial-Existing Minor Collector-Existing NuecesPercels Secondary Arterial-Existing ---- Minor Collector-Proposed Existing Road Centerline ...... Secondary Arterial-Proposed Freeway-Existing �( UTP Road Deletion Major Arterial-Existing —- UTP Road Addition 0 500 1,000 2,000 Feet Job No. 4916.C1.00 URBAN ENGINEERING August 18, 2021 Annika Gunning Yankee, AIG Planning Manager City of Corpus Christi 1201 leopard Street Corpus Christi, Texas 78401 Subject: URBAN TRANSPORTATION PLAN AMENDMENT REQUEST Dear Annika: Per your request, please see responses to task associated with "Urban Transportation Plan Amendment Guidelines for Evaluation." TASK 1 EVALUATE NEED FOR THOROUGHFARE PLAN AMENDMENT Proposed UTP Amendment is necessary to maintain alignment of UTP street (Martin Street) on property line and avoid all of its ROW dedication and improvement cost being borne by a single property Owner. The realignment also provides a division between residentially zoned property and light industrial property within the AICUZ zone that the existing alignment does not. The proposed alignment places the UTP collector road on the perimeter of a residential development and light industrial property where it better serves its intended function rather than traversing through the middle of the proposed residential development. Additionally, the proposed alignment placing collector on the perimeter of the proposed residential development makes the land uses more efficient. The proposed realignment does not impact or otherwise change the mobility or capacity of existing system. TASK 2 EVALUATE POTENTIAL IMPACT ON CITY MASTER PLANS, CIP OR BOND PROGRAM The proposed realignment does not impact City Master Plans, CIP or Bond Program. TASK 3 RECOMMEND POTENTIAL MODIFICATIONS TO THE UTP We are recommending a minor realignment to the current UTP that does not impact mobility or capacity and better serves proposed land uses and development. Please consider the requested UTP Amendment and let me know if you have any questions. Sincerely, URBAN ENGINEERING MFHIek Murray F. Hudson, P. E. (361)854-3101 2725 SWANTNER DR. + CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng com TBPF Flrm X145 TBPLS Firm µ10032400 Exhibit Martin street C1 collector partially ' developed. Lands Road C1 collector partially developed. a. Zoning (, Un-named C1 collector undeveloped. IL Zoning e f CURRENT URBAN • TRANSPORTATION PLAN � AV gill j! 1111im-mg! March 24,2021 1:7,200 Transportation Plan Collector2 Existing Beach Parking Existing o 0.05 0.1 0.2 mi Arterial Al Existing 0 0.1 0.2 0.4 km Collector2 Proposed Beach Parking Proposed Arterial Al Proposed Collector3 Existing -- Arterial RA1 Proposed Arterial A2 Existing Collector3 Proposed - Arterial RA2 Existing Arterial A2 Proposed Gulf Beach Arterial RA2 Proposed Arterial A3 Existing Freeway Existing " Arterial RA3 Proposed Arterial A3 Proposed Freeway Proposed Railroad Collectorl Existing Bikeway Existing Runway Texas Parks & Wldlife, Esri, HERE, Garmin, INCREMENT P, Intermap,USGS,METI/NASA,EPA,USDA Collectorl Proposed UE GIS Bikeway Proposed Sea Wall Urban Engineering Exhibit .,n Martin street C1 Eliminate this collector partially ' alignment. developed. Lands Road C1 collector partially developed. r, RS-4.5 !" Zoning a a°' Proposed new alignment. Extend °u. Martin Street C1 collector. IL Zoning r, k PROPOSED URBAN TRANSPORTATION PLAN •.� /` NETWORK ` March 24,2021 1:7,200 Transportation Plan Collector2 Existing Beach Parking Existing o 0.05 0.1 0.2 mi Arterial Al Existing 0 0.1 0.2 0.4 km Collector2 Proposed Beach Parking Proposed Arterial Al Proposed Collector3 Existing -- Arterial RA1 Proposed Arterial A2 Existing Collector3 Proposed - Arterial RA2 Existing Arterial A2 Proposed Gulf Beach Arterial RA2 Proposed Arterial A3 Existing Freeway Existing " Arterial RA3 Proposed Arterial A3 Proposed Freeway Proposed Railroad Collectorl Existing Bikeway Existing Runway Texas Parks & Wldlife, Esri, HERE, Garmin, INCREMENT P, Intermap,USGS,METI/NASA,EPA,USDA Collectorl Proposed UE GIS Bikeway Proposed Sea Wall Urban Engineering OFFSET RIOI-ITS-OF-WAY Right-of-way dedications during the subdivision process are intended to be shared equally between adjacent property owners. Occasionally, existing development one side of the roadway will become an obstacle to increasing the right-of-way equally on both sides of the roadway. In such cases an more right-of-way will need to be acquired on one side of the roadway then the other, In such cases the City will acquire, through dedication, up to one half of the total street right-of-way with the re- maining "offset" portion to be purchased by the City or some other public entity. Until the City has the funds available for purchase of the rights-pf--way, a building line shall be placed on the property, as indicated by an offset right-of-way designation on the Transportation Plan Map and / or subdivi- sion plat. The purpose of the building line is to prevent structures from being erected on property that will later be purchased for street widening. Yard requirements must be measured from the future right-of-way line established by the Building Line. The following is a list of streets where an off-set may occur: i • Wooldridge Road between Rodd Field Road and the extension of Ennis Joslin Drive • State Highway 361 between the Packery Channel and the Port Aransas City Limits • County Road 52 (Haven Drive) extended east of McKenzie Road • Holly Road east of Rodd Field Drive • Chapman Ranch Road (State Highway 286) south F.M. 43 • Graham Road between Laguna Shores Road and the Cayo Del Oso • Clarkwood Road between State Highway 44 and I.H. 37 • Carbon Plan Road between IH 37 and Nueces River • Cimarron Boulevard between Yorktown and Oso Parkway Note: a minimum 20 foot yard requirement must be provided in addition to the above rights-of-way. I UTP Amendment - Deletion and Replacement of Collector Roadwayma `• _ D \I�IIIIIIIIIII, - DORADOC-7 O i JUSTIFY Jill 110510 110 1111111 1112211OW .._�_ KENTUCK _ Y DE J' ECRETARIAT �rpA Ay I O�-C �` Z �Uk W ¢. CO LANDS LANDS ` N w w CO N OWQ� saaaTOGA A3 Legend UTP Roadways ..... Major Arterial - Proposed - Proposed Development Site Minor Arterial - Existing Minor Collector- Existing NuecesParcels Secondary Arterial - Existing - Minor Collector- Proposed Existing Road Centerline ------ Secondary Arterial - Proposed Freeway - Existing X X UTP Road Deletion Major Arterial - Existing ■ UTP Road Addition 0 500 1,000 2,000 g Feet Urban Transportation Plan (UTP) Amendment - Realignment of Martin Street to Lands Road City Council Presentation October 19, 2021 Study Area & UTP Martin�treet� - UTP Amendment Request �' �age�N ,. 1 r _Prepmed o.rN«�xnt s� ' f, FI PartN 8aunes • ' I. ... .. . $ fITP A3 F, S5RaaAwaYs ♦n+ Ct 1 AY �Im«Arnnel.ExnYng i ` Y A, C7 A, Cs L ._4F«Asti al.Piepee.d 1 JC1 Al Q — C1' �Seeeneay Anew.Esisenp —•A2••••/�./ E' — 1 j ..sx�cnamy cir,im.Piopey.a ° ' v AI �tN«ARnaL E:esiy Holly Rd -'A2' —'A1��A1 - —un«Gn[eebr.Exnbnp •Cj�'1 1 f Ati A3 A? 1 I —SeconGm�oNecler.Exi6tlnp �nn C7'j JII` +r rr 1 V 1 -�•x..x:a+e:x:r,E mk. Gi P•eeha •�9 t.armmee A3 1 A'7 1 •• Pakw.s Cgtcry...Pmn..fA SaraGtoga Blvd 1 1 A] A3 A3 3' Proposed xsd Develo ment G+ .-L—oe�wc,:ar lNx-l---------——-lY....—' A3• 1 F,; Ai-� Ile cl C, F F3 2 �I ' Background • MVR Construction Company (landowner) has plans to construct a 33-acre single-family development. • The current UTP proposes a C1 Collector Street to cut through the center of the subject property. • MVR Construction Co. is requesting to realign the proposed C1 Collector by shifting it to the east of their property. Urban Transportation Plan Martin Street - UTP Amendment Request J �a - Legend '• xel sw mos DOr�Af O. � MISSION a _ V � C _xruin9 3e�Guatciline U�Ro4d , EL PASn „�,, T eecma a G h --w.zl s.WrWWy an.n,r-P.o�..a r�.� ]u SiIFY� �Wlu¢�wnnenx.;.xrMinp ..� C ..W}Iuyr:n�kn�-pro{;reea KEH,jCXY❑ERBY �fGllhlner Gelxta E.v-9 O LL — I�IIMncr Cele..§.Pr ,d SEC.—WAT Ft f.e.ey-E.�wiw HAYS ENP m p tleiup� Ci x W r- � ere.rr .A,'..— Q � ( y � � ti a C1 !ANUS, iANDS �r ci y x z o a 4 a � w S a Y a A.3 —A3.... sARATccu..----'3 -_A3—,A3— � a 4 v W UTP/Zoning/AICUZ Martin Street- UTP Amendment Request Legentl � Pend 6eunea 61�d i � rz RraaaT � Ire]iwmraann hiauq ■ I 1 �rn�...e.re.ryrn.��wig r 854,5 �� ry —,.-� ..d. ------ ��.�'•; a>an 4 R5 4.r 'a °y, L j Yan�W Oouev 1 rf(`- 3wMnp Obnkl Al ri Saratoga Downs Unit 4 Subdivision Layout 2 � 6 Recommendation Staff and Planning Commission recommends approval. The realignment of the future street will: • Maintain an adequate and efficient street network for the proposed land uses in the area. • Improve connectivity. • Provide buffer between the subject property (single-family) and the neighboring Light Industrial property. �pUS C °° , Ili off' y 11 ,a AGENDA MEMORANDUM NCOAp 0 P p9E0 1852 First Reading for the City Council Meeting of October 19, 2021 Second Reading for the City Council Meeting of October 26, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Dante Gonzalez, Interim Director of Parks and Recreation DanteG(a-)cctexas.com (361) 826-7323 Heather Hurlbert, Director of Finance & Procurement Heatherh3(a-)cctexas.com (361) 826-3227 Construction Contract Award Packery Channel Restoration Project CAPTION: Ordinance accepting and appropriating three Federal Emergency Management Agency - Public Assistance reimbursement grants in the amounts of up to $4,315,109.40 (sidewalk project), $9,214,870.50 (channel project) and $49,841.92 (stormwater project) for the Packery Channel Restoration to the Parks and Storm Water CIP Funds; and awarding a construction contract to Callan Marine, Ltd., in an amount of$12,359,049.30 for the Packery Channel Restoration Project, located in Council District 4, with FY2022 funding available from the Parks, TIF2, and Storm Water CIP Funds. SUMMARY: This ordinance accepts and appropriates a Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grant in the total amount of up to $13,579,821.82 to assist with Hurricane Harvey repairs to the Packery Channel as a result of Hurricane Harvey. This item also awards the Packery Channel Restoration construction contract to Callan Marine, Ltd. in the amount of$12,359,049.30. This project includes repairs to shoreline protection, sidewalks, bollards and other damaged structures at the Packery Channel. BACKGROUND AND PURPOSE: Hurricane Harvey made landfall in the vicinity of Rockport, TX as a Category 4 storm on August 25, 2017. As the hurricane approached, the westerly winds caused gulf waters to flow into Corpus Christ Bay through the Port Aransas and Packery Channels. As the eye of the storm passed to the north of Corpus Christi, the winds continued to increase in intensity and reversed to an easterly direction. The wind reversal caused a sudden and intense flow reversal in the Packery Channel. The high velocity flow caused extensive erosion that undermined the channel's articulated block mat revetment system and adjoining walkways. On August 26, 2017, President Trump signed a major disaster declaration for the State of Texas opening the door for FEMA Public Assistance Funds. City staff worked with FEMA officials from the date of the disaster declaration until January 30, 2020 to secure the assistance. On that date, FEMA announced the determination that the United States Army Corps of Engineers (USACE) had authority to restore the Packery Channel which rendered the project ineligible for FEMA funding due to CFR 44 CFR § 206.226. The regulation states that, "generally, disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a major disaster." In May 2021, the FEMA reversed their earlier position and declared that the Packery Channel repairs were not eligible for USACE assistance. That determination re-opened the door for FEMA Public Assistance. The City was notified on September 14, 2021 that the Packery Channel Restoration project had cleared eligibility, which was then followed by the receipt of an official FEMA PA award letter. The FEMA PA award is intended to fund 90% of the repair cost leaving a 10% local share. The FEMA PA obligated amount is $13,579,821.82. The City is the subrecipient and the funding flows to the City through the Texas Division of Emergency Management. The FEMA PA Program funds large projects as reimbursements in arrears. When the applicant submits documentation of eligible costs, FEMA will release funds in the amount of 90% of the eligible cost amount. When combined with the design costs and an allowance for testing and other costs during construction, the total FEMA eligible costs are currently estimated at around $13 million. That will require a final local match of about$1.3 million which will come from TIF2 funding. The Packery Channel Restoration Project consists of repairs to shoreline protection and related appurtenances at Packery Channel. Work includes demolition and removal of damaged articulating block mat revetment, concrete walkway, and bollard/cable barriers; construction of riprap revetment; placement of riprap as toe protection along the Iandside section of two jetties; re-setting displaced riprap and armorstone blocks along two jetties; construction of new concrete walkways; construction of a drainage swale lined with concrete block mats; improvements to five existing storms drains; construction of five new storm drains; and replacement of a section of aluminum handrail along one walkway. PROJECT TIMELINE: 2021 - 2023 October 2021 — March 2023 Construction Project schedule reflects City Council award in October 2021 with anticipated completion in March 2023. COMPETITIVE SOLICITATION PROCESS The Packery Channel Restoration project was originally advertised for construction in October 2019. No bids were received. The Contracts and Procurement Department reissued a Request for Bids in August 2021. On September 15, 2021, the City received bids from three firms. The City analyzed the bids in accordance with the contract documents and determined Callan Marine, Ltd. is the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Callan Marine, Ltd. $12,359,049.30 Brizo Construction $15,893,797.50 Cayo, LLC $18,545,850.00 Engineer's Opinion of Probable Construction Cost $15,600,000.00 Callan Marine, Ltd. has not previously conducted work for the City of Corpus Christi but has extensive experience with similar types of projects. They have completed projects such as: U.S. Army Corps of Engineers Lower Bay Reach, Channel Improvement Project, Corpus Christi; MODA Dock Dredging, Ingleside, TX; Flint Hills Resources Maintenance Dredging, Corpus Christi, TX; Voestalpine Maintenance Dredging, Corpus Christi, TX; and other channel improvements in Texas. ALTERNATIVES: Not awarding the construction contract will delay the Packery Channel Restoration project and risk further damage and erosion. FISCAL IMPACT: The fiscal impact in FY2022 is appropriating three grants for an amount up to $13,529,979.00 to the Parks and Storm Water CIP Funds. The City has a 10% project cost share for a budgeted amount of $1,503,331.10 available from the TIF2 Fund. The construction contract award is an amount of$12,359,049.30 with funding available from the Parks,TIF2, and Storm Water CIP Funds. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY2022 and FY2023. The project is ready to be implemented and expenditures are within budget as shown in the CIP for the combined fiscal years. Reference project H17019 in the FY21-22 CIP. Fund: Park CIP (Fund 3280) Mission Elem: Mng Parks & Rec Facilities (141 ) Project: Packery Channel TDEM Restoration (Project No. 21200) Account: Construction (550910) Activity: 21200-3280-EXP Amount: $9,214,870.50 Fund: PackChProjTIF2 (Fund 3278) Mission Elem: Packery Channel (717) Project: Packery Channel TDEM Restoration (Project No. 21200) Account: Construction (550910) Activity: 21200-3278-EXP Amount: $2,187,316.64 Fund: Park CIP (Fund 3280) Mission Elem: Mng Parks & Rec Facilities (141 ) Project: Packery Channel TDEM Sidewalk (Project No. 21201) Account: Construction (550910) Activity: 21201-3280-EXP Amount: $780,548.39 Fund: PackChProjTIF2 (Fund 3278) Mission Elem: Packery Channel (717) Project: Packery Channel TDEM Sidewalk (Project No. 21201) Account: Construction (550910) Activity: 21201-3278-EXP Amount: $86,728.00 Fund: Storm Water CIP (Fund 3480) Mission Elem: Drainage Infra — Surface/Pipes (043) Project: Packery Channel TDEM Sewer (Project No. 21202) Account: Construction (550910) Activity: 21202-3480-EXP Amount: $49,841 .92 Fund: Storm Water 2021 CIP (Fund 4533) Mission Elem: Drainage Infra — Surface/Pipes (043) Project: Packery Channel TDEM Sewer (Project No. 21202) Account: Construction (550910) Activity: 21202-4533-EXP Amount: $39,743.85 RECOMMENDATION: Staff recommends awarding a construction contract for Packery Channel Restoration Project (District 4) in the amount not to exceed $12,359,049.30 to Callen Marine, Ltd. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Bid Tabs Award Letters Ordinance accepting and appropriating three Federal Emergency Management Agency - Public Assistance reimbursement grants in the amounts of up to $4,315,109.40 (sidewalk project), $9,214,870.50 (channel project) and $49,841.92 (stormwater project) for the Packery Channel Restoration to the Parks and Storm Water CIP Funds; and awarding a construction contract to Callan Marine, Ltd., in an amount of$12,359,049.30 for the Packery Channel Restoration Project, located in Council District 4, with FY2022 funding available from the Parks, TIF2, and Storm Water CIP Funds. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Federal Emergency Management Agency (FEMA) grant in the amount of $4,315,109.40 for the Packery Channel Sidewalk Project and the FEMA grant in the amount of$9,214,870.50 for the Packery Channel Restoration Project is accepted and appropriated in Fund No. 3280. Section 2. The FEMA grant in the amount of $49,841.92 for the Packery Channel Storm Sewer Project is accepted and appropriated in Fund No. 3480. Section 3. The City Manager or designee is authorized to execute a construction contract with Callen Marine, Ltd. of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of$12,359,049.30 for the Packery Channel Restoration Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma Page 1 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 � ww. e a N SCALE: N.T.S. Mw PROJECT LOCATION VICINITY MAP ; NOT TO SCALE 361 P22 LAGUNA PROJECT LOCATION MADRE RESORT P'�C E Y CHA EL WHITECAP GULF O F MEXICO S EA p/ BOB HALL PIER LOCATION MAP Project Number: H 17019 NOT TO SCALE CITY COUNCIL EXHIBIT PACKERY CHANNEL RESTORATION CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES .y" IY 11 p ,d SCALE: N.T.S. I� d 361 t i PROJECT LOCATION �4. CK E RCHA «�- ♦ �� aW 7wW ..,, 1116 .. 11 s, L < '_ AERIA NOT TO SCALE Project Number: H 17019 CITY COUNCIL EXHIBIT PACKERY CHANNEL RESTORATION CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:September 15,2021 COCC PACKERY CHANNEL RESTORATION Callan Marine,Ltd Brizo Construction CAYO,,LLC PROJECT H17019 4800 Old Port Industrial 9100 CanniffStreet 1400 Everman Pkwy 116 RFB 3797 Galveston,TX 77586 Houston,TX 77017 Fort Worth,TX 76140 ITEM DESCRIPTION UNIT QUANTITY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART A-GENERAL Al Mobilization Max.S% LS 1 $ 317,895.00 $ 317,895.00 $ 794,302.00 $ 794,302.00 $ 900,000.00 $ 900,000.00 A2 Bonds&Insurance AL 1 $ 210,914.00 $ 210,914.00 $ 114,000.00 $ 114,000.00 $ 140,000.00 $ 140,000.00 A3 Construction Surveys LS 1 $ 80,557.00 $ 80,557.00 $ 41,137.00 $ 41,137.00 $ 150,000.00 $ 150,000.00 A4 Pre-Construction Hazard LS 1 Survey $ 12,400.00 $ 12,400.00 $ 154,263.00 $ 154,263.00 $ 50,000.00 $ 50,000.00 AS SWPPP LS 1 $ 54,531.00 $ 54,531.00 $ 121,000.00 $ 121,000.00 $ 150,000.00 $ 150,000.00 Demolition/Removal of A6 Concrete Walkway(Sta SF 18,830 24+405 to 42+735) $ 3.00 $ 56,490.00 $ 15.50 $ 291,865.00 $ 20.00 $ 376,600.00 Demolition/Removal of ABM A7 Revetment(Sta 28+OON to LS 1 34+72N) $ 30,974.00 $ 30,974.00 $ 32,630.00 $ 32,630.00 $ 250,000.00 $ 250,000.00 Demolition/Removal of ABM A8 Revetment(Sta 20+OOS to LS 1 42+735) $ 103,860.00 $ 103,860.00 $ 85,870.00 $ 85,870.00 $ 750,000.00 $ 750,000.00 Reach 1--Re-Set Jetty Armor A9 Stone EA 84 $ 401.00 $ 33,684.00 $ 2,571.00 $ 215,964.00 $ 2,000.00 $ 168,000.00 A10 Reach 1--Aluminum Handrail LS 1 Sta 44+09N to 44+39N $ 13,395.00 $ 13,395.00 $ 5,399.00 $ 5,399.00 $ 5,000.00 $ 5,000.00 Reach 2 Landside Jetty A11 Improvements(Sta 34+72N to LF 818 42+90N) $ 923.00 $ 755,014.00 $ 1,200.00 $ 981,600.00 $ 900.00 $ 736,200.00 Reach 2 Landside Jetty Al2 Improvements(Sta 42+735 to LF 872 51+455) $ 846.00 $ 737,712.00 $ 1,100.00 $ 959,200.00 $ 750.00 $ 654,000.00 Reach 3 Revetment(Sta A13 2+50N to 6+70N) LF 420 $ 786.00 $ 330,120.00 $ 1,300.00 $ 546,000.00 $ 1,500.00 $ 630,000.00 Reach 3 Revetment(Sta A14 7+80N to 10+50N LF 270 $ 1,913.39 $ 516,615.30 $ 1,400.00 $ 378,000.00 $ 1,800.00 $ 486,000.00 Reach 3 Revetment(Sta A15 10+50N to 28+OON LF 1,750 $ 978.00 $ 1,711,500.00 $ 1,350.00 $ 2,362,500.00 $ 1,250.00 $ 2,187,500.00 Reach 3 Revetment(Sta A16 28+OON to 34+72N LF 672 $ 1,068.00 $ 717,696.00 $ 1,800.00 $ 1,209,600.00 $ 2,200.00 $ 1,478,400.00 Reach 3 Revetment(Sta A17 O+OOS to 14+305 LF 1,430 $ 691.00 $ 988,130.00 $ 1,200.00 $ 1,716,000.00 $ 1,100.00 $ 1,573,000.00 Reach 3 Revetment(Sta A18 16+705 to 20+OOS LF 330 $ 1,326.10 $ 437,613.00 $ 1,100.00 $ 363,000.00 $ 1,800.00 $ 594,000.00 Reach 3 Revetment(Sta A19 20+OOS to 27+OOS LF 700 $ 2,121.00 $ 1,484,700.00 $ 2,020.00 $ 1,414,000.00 $ 2,600.00 $ 1,820,000.00 Reach 3 Revetment(Sta A20 27+OOS to 42+735) LF 1,573 $ 1,410.00 $ 2,217,930.00 $ 1,850.00 $ 2,910,050.00 $ 2,000.00 $ 3,146,000.00 Reach 3 Drainage Swale(Sta A21 16+905 to 42+73S LF 2,583 $ 196.00 $ 506,268.00 $ 95.00 $ 245,385.00 $ 250.00 $ 645,750.00 Reach 3 Discharge Pipe A22 Improvements North Bank EA 5 $ 8,056.00 $ 40,280.00 $ 17,175.00 $ 85,875.00 $ 20,000.00 $ 100,000.00 Reach 3 New Inlet Structures A23 and Discharge Pipe(South EA 5 Bank) $ 8,056.00 $ 40,280.00 $ 5,547.00 $ 27,735.00 $ 30,000.00 $ 150,000.00 A24 Concrete Walkway(Sta SF 18,830 24+405 to 42+73S) $ 27.00 $ 508,410.00 $ 11.35 $ 213,720.50 $ 30.00 $ 564,900.00 Bollard/Cable Barriers(Sta A25 24+405 to 42+73S LS 1 $ 51,240.00 $ 51,240.00 $ 166,157.00 $ 166,157.00 $ 200,000.00 $ 200,000.00 Replace Wire Rope&Bollard A26 Covers in Bollard/Cable LS 1 Barriers 8+40N to 34+72N $ 69,681.00 $ 69,681.00 $ 150,576.00 $ 150,576.00 $ 150,000.00 $ 150,000.00 Replace Wire Rope&Bollard A27 Covers in Bollard/Cable LS 1 Barriers O+OOS to 14+305 $ 68,153.00 $ 68,153.00 $ 82,434.00 $ 82,434.00 $ 100,000.00 $ 100,000.00 Replace Wire Rope&Bollard A28 Covers in Bollard/Cable LS 1 Barriers 16+705 to 24+405 $ 36,727.00 $ 36,727.00 $ 42,935.00 $ 42,935.00 $ 50,000.00 $ 50,000.00 A29 Fill Voids with Cementitious CY 115 Fill $ 264.00 $ 30,360.00 $ 360.00 $ 41,400.00 $ 700.00 $ 80,500.00 Removal and Disposal of A30 Submerged Items from EA 16 Channel $ 5,995.00 $ 95,920.00 $ 2,575.00 $ 41,200.00 $ 10,000.00 $ 160,000.00 A31 Allowance for Unanticipated LS 1 Repairs $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 SUBTOTAL: $12,359,049.30 $15,893,797.50 $18,545,850.00 OTAL BASE BID: $12,359,049.30! 1 $15,893,797.501 5,850 nn Page 1 of 1 61'i T D E ��'yct'ux To T xm A&M Uri WERSTl Y SYMM September 13, 2021 Alma Casas Assistant Director of Finance Corpus Christi DUNS Number 069457786 FIPS Number 355-17000-00 Subject: Public Assistance Grant, 4332, Texas Hurricane Harvey Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4332DRTXP0000001 FEMA Project Worksheet 4514 Project Title: Packery Channel Restoration Period of Performance 2/25/2018 to 2/25/2019 An award to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (IDEM). PW 4514 Version/ Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 8/31/2021 $10,238,745.00 90.00% $9,214,870.50 10.00% $1,023,874.50 Totals $10,238,745.00 $9,214,870.50 $1,023,874.50 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award, unless authorized by Section 324 of the Stafford Act. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.tdem.texas.gov and is also attached for your convenience. Your project worksheet may have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration 10_"3 1.aPosada 1)r Ste "00 Aki"s(In IeXas 7S 24 Hours: �12-=424-2208, Fax 512-424-2444 (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Cory McCabe at (512) 499-1404 or email at cory.mccabe@cohnreznick.com. I0; �a TIDE II 4 la P� Fra iRlE T7Ex4s A,6u91 UniwERsrrr 51rsrEtt June 2, 2021 Alma Casas Assistant Director of Finance Corpus Christi DUNS Number 069457786 FIPS Number 355-17000-00 Subject: Public Assistance Grant, 4332, Texas Hurricane Harvey Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4332DRTXP0000001 FEMA Project Worksheet 7357 Project Title: Packery Channel Sidewalk Period of Performance 8/25/2017 to 2/25/2019 An award to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (TDEM). PW 7357 Version/ Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 5/25/2021 $4,794,566.00 90.00% $4,315,109.40 10.00% $479,456.60 Totals $4,794,566.00 $4,315,109.40 $479,456.60 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award, unless authorized by Section 324 of the Stafford Act. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.tdem.texas.gov and is also attached for your convenience. Your project worksheet may have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration I0;; 1. il'n tul i [7r 5t2 '106 A111111 [ex�iti IN I,1 '-4 11OLI I--4,4-„[} 1 p� �l--4'4--444 (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Cory McCabe at (512) 499-1404 or email at cory.mccabe@cohnreznick.com. I0; Capital Improvement Plan 2022 2024 City of Corpus Christi, Texas Project# H17019 Project Name Packery Channel Restoration . Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director Category Park Improvements Priority 2 Critical-Asset Condition Status Active = c Description Hurricane Harvey tidal influences resulted in significant damage to Packery Channel and undermining of structures along channel.Preliminary investigations indicate displaced armor stone blocks along inner portion of jetties. Channel bank protection along inner portion of jetties needs to be repaired or replaced.Damaged walkways and storm drain outfalls will also be repaired. Permitting with United States Army Corps of Engineers will be required. Justification Meets the departments mission to manage and maintain parks,beaches,open spaces and recreational facilities for the community. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 8,600,000 8,600,000 17,200,000 Design 400,000 400,000 Eng,Admin Reimbursements 66,512 900,000 900,000 1,866,512 Tom 466,512 9,500,000 9,500,000 19,466,512 Funding Sources Prior Years 2022 2023 2024 Total Certification of Obligation 4,956,576 5,200,000 10,156,576 Grant-FEMA 4,300,000 4,300,000 Tax Increment Finance District 466;512 4,543,424 5,009,936 Total 466,512 9,500,000 9,500,000 19,466,512 Budget Impact/Other 71 Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. 73 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting October 19, 2021 1852 Second Reading Ordinance for the City Council Meeting October 19, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation DanteGCa)-cctexas.com (361) 826-7323 Buc Days 5-Year Special Events Agreement CAPTION: Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for 2022- 2026 Buc Day Festival and related activities to allow use of City property including Shoreline Blvd. between Water's Edge Park and Resaca as well as the barge dock and the circle driveway adjacent to the American Bank Center, with payment of fees not to exceed $50,550 in 2022, increasing annually in the amounts stated in the agreement. SUMMARY: Special events agreement to allow for the use of City property and provide City services for the Buc Days Festival 2022-2026 events to include: Night Parade, Parade Pachanga, Professional Bull Riding, Rodeo Corpus Christi, BBQ on the Bay, and the Wings Over South Texas Air Show. BACKGROUND AND FINDINGS: Since 1938, the Buccaneer Commission Inc, a non-profit organization, has annually hosted the Buc Days Festival in Corpus Christi, Texas in support of bringing entertaining, educational, and cultural events to the Coastal Bend. There are a series of events in the Buc Days Festival to include: Night Parade, Parade Pachanga, Professional Bull Riding, Rodeo Corpus Christi, BBQ on the Bay, and the Wings Over South Texas Air Show. The Buc Days Festival will be held during the following dates from 2022 through 2026. Thursday, May 5, 2022 until Sunday, May 15, 2022; Thursday, May 4, 2023 until Sunday, May 14, 2023; Thursday, May 2, 2024 until Sunday, May 12, 2024; Thursday, May 1, 2025 until Sunday, May 11, 2025; Thursday, April 30, 2026 until Sunday, May 10, 2026. Buc Days requires participation from multiple City Departments. This proposed special events agreement includes a detailed list of fees the Buccaneer Commission will be charged for City services. ALTERNATIVES: An alternative would be for the City to deny allowance of permits and service support for the proposed special events agreement for 2022-2026 Buc Days Festival. It is in the best interest of the City to allow for all of the requested permits and services be afforded to the festival as it is an economic generator for the City and has remained a long-standing tradition in our community. FISCAL IMPACT: The agreement will provide revenue that will reimburse and offset Public Works, Solid Waste, Parks & Recreation, Police, and Fire departments expenses for services provided for the Buc Days event. With this agreement, the Buccaneer Commission, Inc agrees to pay each year the City a total cost of$50,550 for the 2022, $50,550 for 2023, $52,066 for 2024, $53,627 for 2025, and $55,235 for 2026 which include a 3% increase due to inflation for the last 3 years of the agreement. In some years where the Air Show will be included as part of the Buc Days Events, the Buccaneer Commission, Inc will pay an additional $6,000 to offset additional expenses incurred by the Parks and Recreation, Police, and Fire/EOC departments. The funding detail lists the department expenses that will be offset by the collected revenue. FUNDING DETAIL Fund: 1041 Streets Organization/Activity: 12320 Street, Signs & Svc. M E: 888 Account: 343697 Special Events Amount: $14,250 Fund: 4300 Stormwater Organization/Activity: 32000 Stormwater M E: 888 Account: 343697 Special Events Amount: $7,500 Fund: 1020 General Fund Organization/Activity: 11740 Police M E: 888 Account: 343697 Special Events Amount: $23,000 Fund: 1020 General Fund Organization/Activity: 12910 Parks and Rec M E: 888 Account: 343697 Special Events Amount: $4,000 Fund: 1020 General Fund Organization/Activity: 12010 Fire/EOC Mission Element: 888 Account: 343697 Special Events Amount: $1,800 RECOMMENDATION: Staff recommends approval of the ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for 2022-2026 Buc Days Festival and related activities. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Ordinance authorizing a special events agreement with the Buccaneer Commission, Inc. for 2022-2026 Buc Day Festival and related activities to allow use of City property including Shoreline Blvd. between Water's Edge Park and Resaca as well as the barge dock and the circle driveway adjacent to the American Bank Center, with payment of fees not to exceed $50,500 in 2022, increasing annually in the amounts stated in the agreement. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute special events agreement with the Buccaneer Commission, Inc. for 2022-2026 Buc Day Festival and related activities to allow use of City property including Shoreline Blvd. between Water's Edge Park and Resaca as well as the barge dock and the circle driveway adjacent to the American Bank Center, with payment of fees not to exceed $50,500 in 2022, increasing annually in the amounts stated in the agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 1 BUC DAYS 2022 - 2026 SPECIAL EVENTS AGREEMENT State of Texas § Know All By These Presents: County of Nueces § Whereas, City Council has previously authorized agreements for use of City property for the Buc Days events, Now, therefore, this Special Events Agreement ("Special Events Agreement") is entered into between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ("Commission"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. American Bank Center Grounds — means the American Bank Center complex and parking lots managed by the City's contractor. B. City — means the City of Corpus Christi, a Texas home-rule municipality. C. City Attorney — means the City of Corpus Christi's City Attorney or designee. D. City Council — means the City Council of the City of Corpus Christi, Texas. E. City Manager — means the City of Corpus Christi's City Manager, or the City Manager's designee. F. City Secretary — means the City of Corpus Christi's City Secretary, or designee. G. Commission — means the Buccaneer Commission, Inc., a Texas non-profit corporation. H. Commission's Agent — means a duly authorized representative of the Buccaneer Commission. 1. Corpus Christi - Nueces County Health District— means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. J. Buc Days Events — means the annual Buccaneer Days Festival ("Buc Days"), including carnival, parade, BBQ cookoff, rodeo, Professional Bull Riding, Wings over South Texas Air Show, and other activities sponsored by the Commission. The dates are described in Exhibit A. K. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. 2 L. Special Events Agreement—means this document, as approved by the City Council and executed by the City Manager. M. Parade Event—means the annual Buccaneer Days Junior Parade and/or Illuminated Night Parade. N. Parks Director — means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. O. Police Chief— means the Chief of the City of Corpus Christi's Police Department, or designee. P. Premises — means the sites for the Buc Days Events identified herein. Q. Risk Manager— means the Director of the City of Corpus Christi's Risk Management Division, or designee. R. Public Works Director — means the Director of the City of Corpus Christi's Public Works Department S. Solid Waste Director—means the Director of the City of Corpus Christi's Solid Waste Department. T. Wings Over South Texas or Air Show Event— means the air show to be performed along the Corpus Christi bayfront on applicable event years. Commission will inform the City no later than January 1 of the event year if the Air Show will occur as part of Buc Days for that year. 2. TERM. This Special Events Agreement takes effect upon execution by the City Manager. The Commission will be entitled to use of the Premises described below, for the Buc Days Events in calendar years 2022 through 2026 for the dates identified on Exhibit A. 3. PREMISES AND PERMITTED USES. A. For the BBQ Cookoff and Wings Over South Texas Event: use of Shoreline Boulevard, between Waters Edge Park and Resaca as well as the barge dock and circle drive adjacent to the American Bank Center, as depicted in attached Exhibit B. B. For any Buc Days Events to be conducted at the American Bank Center Grounds, Commission is responsible to obtain a separate agreement with the City's General Manager of the American Bank Center. 4. PREMISES REVISIONS. Premises may be revised in coordination between the Parks Director and Commission's Agent if necessary due to emergency City operations. 5. FINAL EVENT LAYOUT DIAGRAM. The Commission's Agent must provide the Parks Director a diagram explaining the final layout for all related activities at least two weeks prior to the Buc Days Events. 3 6. PLANNING MEETINGS. Prior to Buc Days Events, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing. 7. ADMISSION FEE. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 8. COMMISSION'S OBLIGATIONS. A. Permit Fees. The Commission must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Special Event Permit fee, Health Permit/Vendor Fees, Development Services Permit Fees, Animal Permit Fee, Traffic Engineering Street Closure Permit Fees and Parade Permit Fees. B. Costs of City Services. City agrees to provide the following services each year for the Buc Days Events, excluding the airshow cost, not to exceed costs shown below: 1) Public Works: Street Sweeping and Inlets Cleaning; not to exceed $1,875 in 2022 and 2023. 2) Traffic Control - Parades: Traffic Control Plan development and delivery/pick-up of traffic control barricades; not to exceed $8,000 in 2022 and 2023. 3) Traffic Control- Carnival:Traffic Control Plan development and delivery/pick-up of traffic control barricades; not to exceed $4,375 in 2022 and 2023. 4) Solid Waste: Street cleanup before the initial opening day of the Buc Days Parade and after final closing of the Buc Days Parade; not to exceed $7,500 in 2022 and 2023. 5) Parks and Recreation: Daily trash pick-up on streets depicted on the Traffic Control Plan attached as Exhibit D in accordance with the final schedule of hours to be prepared by the Director using the 2021 schedule of hours provided on Exhibit F as a guide; not to exceed $4,000 in 2022 and 2023. 6) Police: Security at Buc Days Carnival; and traffic control for the Parade; not to exceed $23,000 in 2022 and 2023. 7) Fire/EOC: Medical support and emergency management operations support at the Buc Days Parade; in accordance with the final schedule of hours to be prepared by the Fire Chief of designee using the 2021 schedules provided on Exhibit G as a guide, not to exceed $1,800 in 2022 and 2023. 8) Commission agrees to pay the City the total cost of $50,500 for the 2022 Event year with the following cost increases for 2023 -- 2026 for the City services defined in this subsection B: 2023: $50,550 0 2024: $52,066 4 s 2025: $53,627 • 2026: $55,235 On years that the Air Show will be included as part of Buc Days Events, the Commission agrees to pay the City an additional $6,000 for the following services: 1) Parks and Recreation: deliver and pick-up trash receptacles for Air Show Event. 2) Police: traffic control for Air Show Event. 3) Traffic Control: Traffic Control Plan development and delivery/pick-up of traffic control barricades 4) Fire/EOC: Medical support and emergency management operations support at the Air Show Event. The Parks Director will invoice the Commission within thirty (30) calendar days after the conclusion of the Buc Days. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the amount and billing of City's Costs. D. City Sponsorship Recognition As additional consideration for City services, the Commission will name the City as a sponsor of the Buc Days Events. The City logo will be placed on the sponsor section of the website. Four (4) banners will be placed on the fence of the festival site for its duration, to be designed by the City and provided by Buc Days. The Police Department will be provided booth space in the Festival for their recruitment effort. The Commission will provide a scholarship(s) in fields beneficial to the City work force. E. Deposit. The Commission must pay a deposit of $4,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the Commission within 30 days after the Event. F. Reimbursement for Damages to City Property. During the course of the Buc Days Events, damages may occur to City property. This includes, but is not limited to, damages to the turf, utility infrastructure, water and/irrigation lines and related equipment caused by negligent acts or omissions of the Commission, its employees, 5 volunteers, vendors, contractors, or subcontractors. City will give the Commission an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the Commission for any additional cost of repair. Parks Director will provide the Commission's Agent a punch list of damages to City property, within seven (7) days after the Commission has vacated the property, following the conclusion of the Buc Days Events. Commission will have the opportunity to restore all items on the punch list to original condition within ten (1 0) days after receipt of the punch list. If Commission does not timely restore the items on the punch list, the City may use the Deposit for cost of repairs and invoice the Commission for the balance of the repairs. Commission will pay City's invoice for damages, within 30 days after City tenders the invoice to Commission's Agent, less any amount(s) the Commission has disputed. If Deposit is not needed for repairs, then City shall return Deposit to Commission within 30 days after end of Buc Days Events. 9. GENERAL PERMITS. Commission shall obtain and pay for necessary permits for the Buc Days Events from City Departments, including but not limited as outlined below. A.Temporary Street Closure Permit. The City street closure process will govern any necessary street closures. Commission must provide the Public Works Director and Parks Director its site plan for the Buc Days Events, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Ordinance. All street closures on a temporary basis are subject to the requirements of City Code of Ordinances. The temporary street closure permit is part of the Special Event Permit application process. B.Special Event Permit. Commission will obtain a Special Event Permit from the Parks & Recreation Department for use of any Park property. C. Temporary Promotional Event Permit Commission will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Commission may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. D.Parade Permits. Commission must obtain Parade Permits for both the Junior Parade and Illuminated Night Parade, as specified in the City Code of Ordinances. E.Animal Permit. Commission must obtain an Animal Permit from Animal Control for the Rodeo, as specified in City Code of Ordinances. F. Vendor Permit. Commission must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit /Vendor and 6 related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) G. Alcohol and Food Vendors. The Commission may contract with third party alcohol and food concessionaires for the American Bank Center Grounds for any of the Buc Days Events. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on City property adjacent to and within the American Bank Center Grounds, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §18 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. H.Fireworks Permit. If Fireworks are being hosted, Commission must obtain Fireworks Permit from the Fire Department. I. Water Events. For any water events, Commission must obtain necessary permits from the United States Coast Guard. J. Additional Permits. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. K.Music Licenses. Commission is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A.Barricades Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access B.Parkina. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities. C.Sig nacle and Advertisin . All signage on City property outside of the Premises must be pre-approved by the Director of Parks and Recreation. On certain advertising for the Event, Lessee shall recognize the City as a major contributor to the Event. Commission will be allowed to install Buc Days event banners on AEP owned light poles between April 15 — May 15 annually. Banners will be located along the seawall on Shoreline Blvd between the Barge Dock and Furman Blvd; depicted on attached Exhibit H. D.Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and 7 drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities E. Fence. Commission may provide a temporary six-foot (6) chain link fence, with gates for access, on City-managed property, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Buc Days Events area. Request for fence for any property of the American Bank Center Grounds will be coordinated by Commission with the manager of the American Bank Center. F. Storm Water System Protection. Commission must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens immediately after the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G.Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with §S COMMISSIONS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H.Temporary Buildings. Commission must receive prior approval from the Parks Director to place any Temporary Buildings on any grounds used for the Premises. All these buildings must be removed at the end of the use period established each year. 1. Pavement Curbs Sidewalks Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Public Works. However, tent staking on asphalt parking lots is allowed so long as the tent holes are no greater than 1.5". J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings or removable sidewalk decals may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). K. Landscaping. Landscaped areas within the Premises or utilized for the Buc Days Events must be protected by the Commission. L. Safety Protocols. Commission will develop and maintain health safety protocols for the Events to be reviewed by the Corpus Christi — Nueces County Public Health District Director or Assistant Director. 8 11. VENDORS A. The Illuminated Night Parade, Junior Parade, and Wings Over South Texas are referred to in this section as "Special Events." B. Commission or its designee shall have exclusive authority to administer and issue Buccaneer Commission Street Vendor Permits to permit vending for the Special Events on the public sidewalks, in accordance with the following requirements. C. Vendors who hold a lease or permit from the City to operate within the Premises may continue to operate under the terms of their lease or permit and are not required to obtain a Buccaneer Commission Street Vendor Permit. D. Street Vendor Permit Duration. Commission or its designee shall have exclusive authority to administer and issue Buccaneer Commission_Street Vendor Permits for the following time periods, which may be further designated by the City Manager: 1) Buc Days Illuminated Night Parade: 8:00 AM the day of the event, until one hour after the conclusion of the Illuminated Night Parade; 2) Buc Days Junior Parade: 6:00 AM the day of the event, until one hour after the conclusion of the Junior Parade. 3) Wings Over South Texas: 6:00 AM the day of the event, until one hour after the conclusion of the air show. E. Street Vendor Fees. Commission shall have the authority to determine permit fees for its Buccaneer Commission vendor permits which fee shall be one hundred dollars ($100.00) for each vendor and/or vending unit unless the Buccaneer Commission establishes a higher fee. F. Prohibited Items. Commission shall further ensure that no Street Vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. No alcoholic beverages may be sold by a Street Vendor. G. Food & Beverage Requirements. 1) Commission shall ensure that all Food and Beverage Vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department, and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. 2) Commission shall require all food and beverage street vendors to clean the area around each food and beverage booth. The cleanup will be hourly and immediately after the conclusion of each Special Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 9 H. Stationary Verdin Booths. 1) Commission desires to place Stationary Vending Booths on real property owned by the City during Special Events. The Commission may place a Stationary Vending Booth at a specific location that has been reviewed and approved in writing by the City Manager, Police Chief, Fire Chief, Public Works Director, Parks Director, Director of Property and Facilities Management Department, and Solid Waste Director, 2) Commission shall obtain all necessary permits prior to the placement of Stationary Vending Booths. Booths may be placed at City-approved locations no earlier than 48 hours prior to the start of a Special Event. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. All Stationary Parade Vending Booths must be removed, and property restored to original condition within 24 hours after the conclusion of a Special Event. 1. Parade Viewing Area 1) Commission may establish an exclusive VIP parade viewing area in the perimeter of Heritage Park, in the area agreed to by Parks Director. 2)Commission shall restore all City property used for viewing to its original condition within 24 hours of the conclusion of a Parade Event. 12. WINGS OVER SOUTH TEXAS EVENT A. Commission may set up viewing tents and general viewing areas no earlier than the Monday prior to the first Airshow Event day. An event plan will be provided to the City no later than 30 days prior to the Airshow Event. Commission may charge fees and authorize use of the viewing tents and viewing areas. Commission shall ensure that tents are placed in compliance with all applicable City codes. All tents must be removed, and property restored to original condition within 48 hours after the conclusion of the Air Show. B. Commission shall ensure that all food and beverage vendors at the Air Show comply with all requirements of the Corpus Christi - Nueces County Public Health District, and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. Commission has exclusive authority to administer and issue Airshow Vendor Permits to permit vending on the public sidewalks where any street closure is made for the event. 13. CLEAN UP. Commission must require all vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The cleanup will be hourly and immediately after closing the Events each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission is responsible to hire and work cleanup crews during and after the Buc Days Event. 10 14. RIGHT OF COMMISSION TO USE PUBLIC STREETS. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Special Events Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Special Events Agreement. 15. EMERGENCY VEHICLE LANES, Commission must always maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 16. SECURITY. During Buc Days Carnival Event, the Commission agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD-designated liaison. Costs for the CCPD officers are as detailed in §8 COMMISSIONS FINANCIAL OBLIGATIONS, above. However, the full costs for the liaison are to be invoiced separately to the Commission. Commission may provide additional security officers during the Buc Days Events, and after the Event closes each night, until it opens the next day. Commission will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 COMMISSIONS FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 17. SAFETY HAZARDS. The Commission, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director, Public Works Director, or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards, The Commission will provide a safety consultant to coordinate safety issues with the City. 18. INSURANCE. Commission's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Buc Days Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. if alcohol is served at any of the Commission's Events on Premises, then Liquor Liability Insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's 11 Risk Manager two weeks prior to the non-exclusive use period each year. Commission must provide insurance as detailed in the attached Insurance Requirements Exhibit. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the final form. In the event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents while the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 19. INDEMNITY. Commission shall indemnify, defend and hold City, 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 arising out of or related to the Buc Days Events and associated activities, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or by Commission, its officers, contractors, vendors, employees or agents, C Indemnitors') of any law, ordinance, or governmental order of any kind, or when the injury or damage 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 Indemnitors under this Agreement. It is intended that the Commission will indemnify Indemnitees for Indemnitors proportionate fault, including, but not limited to, negligence, which causes such damages or injury, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this injury or damage defined in this indemnity provision of this Agreement, Commission shall defend City upon receipt of immediate and diligent notice regarding commencement of the litigation. 20. NOTICE. Notice may 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 deposit if sent certified mail. Notice must be sent as follows: If to City: If to Commission: Director of Parks and Recreation President & CEO City of Corpus Christi The Buccaneer Commission, Inc. P.O. Box 9277 P.O. Box 30404 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78463-0404 (361) 880-3461 (361) 884-8331 or 882-3242 FAX (361) 880-3864 FAX (361) 882-5735 12 21. DISPUTE RESOLUTION. City and the Commission agree that any disputes which may arise between them concerning this Special Events Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Special Events Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 22. ASSIGNMENT. Commission may not assign or transfer this Special Events Agreement in whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 23. BREACH, TERMINATION. Any failure on the part of Commission to perform any of the covenants contained in this Special Events Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Special Events Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set-off against any debt or liability of Commission to City otherwise accrued by breach hereof. 24. NOT PARTNERSHIP OR JOINT VENTURE. This Special Events Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 25. CITY SERVICES SUBJECT TO APPROPRIATION. The Commission recognizes that the services provided by the City pursuant to this Special Events Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Special Events Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 26. COMPLIANCE WITH LAWS. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 27. NON-DISCRIMINATION. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, 13 or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 28. ENTIRETY CLAUSE. This Special Events Agreement and the incorporated and attached Exhibits constitute the entire Special Events Agreement between the City and Commission for the use granted. All other Special Events Agreements, promises, and representations, unless contained in the Special Events Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Special Events Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Special Events Agreement does not render the other provisions unenforceable, invalid, or illegal This Agreement takes effect on date of last signature. CITY OF CORPUS CHRISTI Name: Title: Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney 14 THE BUCC ER COMMISSION, INC. By: Johnny P ipello, President/Chief Executive Officer Date: 1"L/ Z I 15 EXHIBIT A — EVENT DATES EXHIBIT B - BUC DAY EVENTS SITE EXHIBIT EXHIBIT C - INSURANCE EXHIBIT D —TRAFFIC CONTROL PLAN (incorporated by reference) EXHIBIT E -- Left Blank EXHIBIT F - SCHEDULE OF HOURS FOR PARKS & RECREATION for 2021 EXHIBIT G -- SCHEDULE OF HOURS FOR CCFD AND EOC for 2021 EXHIBIT H — BUC DAYS BANNERS 16 EXHIBIT A Event Dates Buc Days May 5 — 15, 2022 May 4 — 14, 2023 May 2 — 12, 2024 May 1 — 11, 2025 April 30 — May 10, 2026 Night Parade &_Parade Pachanga May 7, 2022 May 6, 2023 May 4, 2024 May 3, 2025 May 2, 2026 Professional Bull Riding May 6 - 7, 2022 May 5 - 6, 2023 May 3 - 4 2024 May 2 - 3, 2025 May 1 - 2, 2026 Rodeo Corpus Christ & BBQ on the Bay May 11 — 14, 2022 May 10 — 13, 2023 May 8 — 11, 2024 May 7 — 10, 2025 May 6 — 9, 2026 Wings Over South Texas May 6 -- 7, 2023 (Confirmed) May 4 — 5, 2024 May 3 —4, 2025 May 2 — 3, 2026 Individual event dates may adjust: year to year and written acceptance of changes may be made by Parks Director at the request of the Commission 17 EXHIBIT B BBQ By The Bay I I I 2faz3242s nn �A184A1S1l�l� H11 q 9 8 7 l i � ❑ III' III{ ++ "" 41 1RIIAH Wings Over South Texas BOATERS ALLOWED IN THIS AM =d4V10W BOAYM ALLOWED IN THIS AREA 1i:%27-49-2.73 N 27-47-5.46 W 97-22-42.97 W97-22-41.02 NO BOATERS ALLOWED INSIDE RECTANGLE WITHOUT PRIOR AUTHORIZATION z � DATES/TIMES OF CLOSURE THURSDAY,APRIL 29.2021 11:30AM-4:30PM CDT FRIDAY,APRIL 30,2021 1130AM-4:30PM CDT SATURDAY,MAY 1,2021 11:30AM-4.30PM COT SUNDAY,MAY 2,2021 11:30AM-4:30PM CDT ,.�` BOATERS NO N 2749.2.70 ALLOWED IN THIS AREA "'�`!. N27'17"3.69 W 97-23-16.10 `'"' W 97-Z3-74.62,,�? 7-HEADS REMAIN OPEN f 1 1 .j BOATERS ALLOWED IN THIS AREA I 611[DAY FESTLVAL GROUNDSJ�V__ ,,� o v 1i T{,,,� K�•I I I I 7 f 11'44` • APRILI9-MAY9 f111064iF 17 =OkYS t uruXnw•Eal1 •o �' TUNE INTO JWINfibs-... AIR SHOW BUC DAYS FESTIVAL ' ! GROUNDS VER ' ' ` .BROADCAST WINGS OVER SOUTH TEXASYIP VfEWING ARFA TEXCORPUS ' WINGS OVER SOUTH TEXAS MAY 1 , f AIR SHOW CENTER START1PMLI°XIiVGTC?N FREE PUBLIC VIEWING _�.-reliant': � *Individual event layouts may adjust year to year and written acceptance of changes may be made by Parks Director at the request of the Commission 18 EXHIBIT C INSURANCE REQUIREMENTS I. COMMISSION'S LIABILITY INSURANCE A. Commission must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Commission must not allow any subcontractor Agency to commence work until all similar insurance B. Commission must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 1$500,0001$500,000 19 PROPERTY INSURANCE Vendor, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. LIQUOR LIABILITY Vendor, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. If Applicable C. In the event of accidents of any kind related to this agreement, Commission must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Commission 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 Commission will be promptly met. B. Commission shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Commission'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 AW VII. C. Commission shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Commission shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the followin33g address: City of Corpus Christi Attn: Risk Manager 20 P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Commission agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Commission shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Commission'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 Commission'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 Commission to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Commission hereunder until Commission demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Commission may be held responsible for payments of damages to persons or property resulting from Commission's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Commission's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. 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T V7 N OL Vf m OL to tii ¢ G O Q O a O v mZ� fl m o v bo c a a Io -0 v ® C L7 a Io .o m m :c d. ty j O -� ro C0 41 In V O v ro ro �y in ;,,, �. �.. W (0 u A ro m ro v ro ro ro m ro u O E u u C c o U G C Q F- U V G C co ro ., o ro t a a; c o m a c s; ,, o ro W Z c ; in to cu w 2 a> ; n a� m o v y 4- v w m o v a m l7 w w 0 oo l07 �L w w Q � oo l�7 w w � 0 • ;aa Jj qj 9 y. r ro • tS°pJ d Ac i i W ��M A j ti 4Al,lyy �5t. f+t tQ4 �t ryh�}RilO. r�° w CITGo CITGO PRESENTS �.,.� BUCCANEER lose DAYS zz EVEN . PLAN 2021 Event Recap NO EVENT IN 2020. TICKETED ATTENDANCE REACHED 77,633 BUC DAYS RETURNED APRIL 29— MAY 9, 2021 ACROSS ALL EVENTS Buc Days reach included additional non-ticketed New Array of Events for Buc Days 2021 people Carnival and Rodeo Corpus Christi returned in TV a mitigated fashion ° The Night Parade was televised on KRIS6. It performed in the top g 10 spot for prime time telecast in a local market The Rodeo Corpus Christi Triple Crown event was broadcasted Nationally on CBS(just one of 3 events!) Postponed events included the BBQ, Concert Wings Over South Texas was broadcasted on KRIS6 Series and the Parades Streaming The PBR and Rodeo Corpus Christi events were streamed on New events included Wings Over South Texas RIDEPASS Airshow and the Buc Days PBR Velocity Tour Over 25K total views across both events Chute Out Bayfront An estimated 60,000 people enjoyed the Wings Over South Texas based upon aggregate mobile phone data collected in the downtown area 2021 Event Recap SCHOLARSHIPS & GRANTS AWARDED $190,500 DISTRIBUTED Despite the loss of a year, scholarships were allotted: 2020-2021 GIVING $•900F EVERY DOLLAR Leadership Program 2020 participant scholarships GENERATED GOES TOWARDS Leadership Program 2021 participant scholarships THE MISSION Local Colleges Military Warriors Support Foundation $1.4M IN Bucarader Family Scholarship SCHOLARSHIPS AND GRANTS TO DATE " a � 00 fm wrta Y a ti F AMERICAN- FmYr E N+�> BANK CENTER '°°° +` ;" 1 Qty nosx „a ' (Cr. • • • • •• �OFFl(E BUCCANEER COMMISSION Event Dates for 2022 Event CARNIVAL& TREASURE ISLAND days) PBR VT FINALS RODEO CORPUS CHRISTI & BBQ ON THE BAY ROBOTICS RODEO NIGHT JUNIOR PARADE PARADE PBR Pendleton Whisky Velocity Tour Finals IN THIS TWO-DAY CHAMPIONSHIP EVENT WILL BE HELD AT BUC DAYS IN 2022 �`DLUOn A PRESTIGIOUS CHAMPIONSHIP EVENTk� +1j/ THAT WILL NOT ONLY CROWN THE 2021 ' VELOCITY TOUR CHAMPION, BUT ALSO Lw PLAY AN INTEGRAL ROLE IN SHAPING THE - r,- 'r PEN y. ULTIMATE RACE FOR THE PBR WORLD ! CHAMPIONSHIP amf p ev AMERICAN BANK CENTER ARENA EVENT Gs t F�th1 ..PAS . MAY 6 & 7, 2022 ---5��� STANYWHESTE.RN TIME, . ANYWHERE:ANYTIME p._ M Buc Days Robotics Rodeo Tech Challenge NEW BUC DAYS EVENT FIRST IN TEXAS REGIONAL COMPETITION GUIDED BY ADULT COACHES AND MENTORS, . � • s, �� ' '� "° SMALL TEAMS OF STUDENTS DESIGN, BUILD, CODE AND OPERATE ANDROID `" SMARTPHONE—CONTROLLED ROBOTS TO COMPETE. AGES 12-18 FRIDAY, MAY 6 — SATURDAY, MAY 7 COMPETITION AND AWARDS WILL BE COMPLETED BY 4PM ON SATURDAY r _ or Buc Days Leadership Program 2022 REBRAND THE BUC DAY KING & QUEEN LEADERSHIP PROGRAM TO THE BUC DAYS LEADERSHIP PROGRAM PROVIDE ADDITIONAL SCHOLARSHIP INCENTIVES TO FIRST- GENERATION COLLEGE STUDENTS ALL SCHOLARS THAT COMPLETE THE PROGRAM TO RECEIVE $3,500 INTRODUCE A MENTORING PROGRAM, PAIRING PARTICIPANT WITH COMMISSIONERS BASED UPON CAREER INTERESTS PROVIDE OPPORTUNITIES TO RECEIVE MORE MONEY AFTER COMPLETING THEIR FINAL PROJECT FURTHER THE EVOLUTION OF THE PROGRAM AWAY FROM PAGEANTRY i New Buc Days Office Coming PURCHASED PROPERTY AT 1316 N CHAPARRAL ` + f ESTABLISHING ROOTS FOR THIS 83+ YEAR OLD 4 ORGANIZATION INVESTING IN DOWNTOWN " ALLOWS EASY ACCESS TO FESTIVAL SITE m w (AMERICAN BANK CENTER) Questions? so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting of October 19, 2021 1852 Second Reading for the City Council Meeting of October 26, 2021 DATE: October 10, 2021 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation Department DanteGCa)-cctexas.com (361) 826-5728 West Haven Park Interlocal Agreement CAPTION: Ordinance authorizing an interlocal agreement with Nueces County ("County") for park improvements including a splash pad water feature at Westhaven Park located near the intersection of Cliff Maus Drive at Rockford Drive, with third party construction costs not to exceed $375,000.00, of which the County will pay $200,000.00 and the City will pay up to $175,000.00 for construction, with the City also responsible for the installation of water and wastewater lines needed for the project, estimated to be $75,000.00, and permitting for the project; appropriating $250,000.00 from the unreserved fund balance in the Community Enrichment Fund; and amending the operating budget. SUMMARY: This ordinance authorizes the City to enter into an agreement with Nueces County to install a splash pad at West Haven Park. Nueces County will be responsible for providing $200,000 and contracting and overseeing the construction of the splash pad. The City will be responsible for remaining project costs not to exceed $175,000, any permitting fees or other applicable fees related to the construction of the splash pad, including irrigation and backflow certification filing fees, installation of water and wastewater utilities, and maintenance of the premises and all improvements. BACKGROUND AND FINDINGS: In 2015, Nueces County Commissioner Joe A. Gonzalez and the Nueces County Inland Park Department approached the City to make improvements at West Haven Park. After deliberations, a joint project was established between Nueces County, West Oso ISD, and the City of Corpus Christi. In March 2016, City Council approved an interlocal agreement with Nueces County to make significant improvements to West Haven Park, located across the street from West Oso ISD administrative offices. Phase 1 of the joint project included a new walking trail, improved irrigation and turf for a multi-use athletic field, a half-basketball court, a new park sign with landscaping, exercise equipment, and lighting. As part of the agreement, West Oso ISD agreed to assist with maintenance to avoid increasing the maintenance burden required by the Parks and Recreation Department. In April 2017, City Council approved the purchase and installation of playground equipment at West Haven Park. As per the initial agreement in 2016, the playground installation was Phase 2 of the agreement which was then fulfilled by the City. The currently proposed splash pad installation came as a request of the citizens. Through the strong working relationship between Nueces County and the City of Corpus Christi, the proposed agreement was created and is being brought to City Council for consideration. ALTERNATIVES: The alternative would be to deny installation of the proposed water amenity for West Haven Park. However, this is not the recommended course of action. The citizens of Nueces County and the City of Corpus Christi have requested this splash pad to be installed at West Haven Park. Denying this installation would reduce citizen access to water amenities which are often utilized to mitigate the effects of hot weather. FISCAL IMPACT: The City of Corpus Christi will provide up to $175,000 for installation of a splash pad at West Haven Park, as well as installation of water and wastewater lines in the amount of$75,000 from the Community Enrichment Fund. This item appropriates$250,000 from the City's Community Enrichment fund and amends the Operating budget. FUNDING DETAIL: Fund: 4720 Organization/Activity: 21300, 21323, 21313, 21316, 21383, 21685 Mission Element: 141 Project # (CIP Only): N/A Account: 5500030 RECOMMENDATION: Staff recommends approval of this resolution authorizing the Interlocal Agreement with Nueces County for park improvements at West Haven Park. LIST OF SUPPORTING DOCUMENTS: Ordinance Interlocal Agreement Ordinance authorizing an interlocal agreement with Nueces County ("County") for park improvements including a splash pad water feature at Westhaven Park located near the intersection of Cliff Maus Drive at Rockford Drive, with third party construction costs not to exceed $375,000.00, of which the County will pay $200,000.00 and the City will pay up to $175,000.00 for construction, with the City also responsible for the installation of water and wastewater lines needed for the project, estimated to be $75,000.00, and permitting for the project; appropriating $250,000.00 from the unreserved fund balance in the Community Enrichment Fund; and amending the operating budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute an interlocal cooperation agreement with Nueces County for improvements to Westhaven Park located near the intersection of Cliff Maus Drive at Rockford Drive, with third party construction costs not to exceed $375,000.00, of which the County will pay $200,000.00 and the City will pay up to $175,000.00 for construction of the improvements, with the City also responsible for the installation of water and wastewater lines needed for the project, which is estimated to be an additional $75,000.00, and for permitting the project. A copy of the interlocal agreement will be filed with the office of the City Secretary. Section 2. Funds in the amount of $250,000.00 are appropriated from the unreserved fund balance in the Community Enrichment Fund No. 4720 for the Westhaven Park improvements project. Section 3. The FY 2021-2022 Operating Budget, adopted by Ordinance No. 032539, is amended to increase expenditures by $250,000.00. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor INTERLOCAL AGREEMENT REGARDING WEST HAVEN PARK AGREEMENT BETWEEN NUECES COUNTY AND CITY OF CORPUS CHRISTI This Interlocal Cooperation Agreement("Agreement") is entered into by and between Nueces County, a political subdivision of the State of Texas, herein "County" and the City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness, WHEREAS, City owns property located at 1700 Cliff Maus, Corpus Christi, Texas 78416, known as West Haven Park, "Premises" as described and identified on Exhibit A; WHEREAS, the County desires in conjunction with the City to make improvements to these Premises so as to provide Nueces County residents additional recreational facilities for their use and promote its public purpose of public recreation; WHEREAS, section 332.021 of the Texas Local Government Code, allows two political subdivisions to jointly, by agreement, construct park or recreational facilities located on property owned by either political subdivision; WHEREAS, the County and City will derive a mutual benefit from this agreement as City's Premises will be enhanced with additional park or recreational facilities and County will be able to provide additional recreational facilities to the residents of Nueces County; WHEREAS, the County, the City and all of their respective residents will be able to use the Premises and related improvements; NOW THEREFORE, the County and City, in consideration of the mutual promises and covenants herein, agree as follows: 1. Effective Date. This Agreement takes effect on the date of last signature (the "Effective Date"). 2. Contact Person/Agreement Administrator. For this Agreement, the contact person and Agreement administrator for the County is the Director of Community Services/ Inland Parks ("Director"). The contact person and Agreement administrator for the City is the Director of Parks and Recreation. Page 1 of 16 3. Premises. City agrees to allow County use of the Premises, as described and delineated in Exhibit A, the site map which is attached hereto and incorporated herein to this Agreement by reference, for construction and use of the Improvements. 4. Improvements. Improvements ("Improvements") to the park will be constructed as follows: a. construction of a splash pad; b. construction of a sidewalk from the main sidewalk to the splash pad site; c. construction of a fence completely surrounding the splash pad. The final site plan for the Improvements is subject to review and approval of the City Director of Parks & Recreation. Modifications to the Improvements and additional Improvements require notice pursuant to Provision 15 of this agreement and the subsequent written approval of both parties. Funding for the construction and engineering costs in an amount not to exceed $375,000 will be provided: a. County will provide $ 200,000; b. City shall be responsible for any remaining project costs not to exceed $175,000. The County shall be responsible to contract and oversee the construction for the Improvements specified above. The City will be responsible for any permitting fees, or any other applicable fees in relation to this construction, including irrigation and backflow certification filing fees. 5. Construction terms and conditions. In performing any construction at West Haven Park, City and County agree to comply with terms outlined on Exhibit B, as applicable. 6. Maintenance. The City will be responsible for the maintenance of the Premises and all improvements, including those constructed under this agreement, to be provided in same manner and level of maintenance as the level of maintenance prescribed by the City's Master Plan for parks. The City retains the right to remove any improvements at the Premises deemed to be in unsafe condition by the City's Director of Parks and Recreation after consulting with the County's Inland Parks Director. 7. Use of the Premises. City must not deny access to or use of the Premises or areas of the Premises to the general public for unorganized activities. County and City residents will have reasonable access to Premises and may reserve Page 2of16 events at Premises pursuant to City's reservation procedures and fees. This provision shall survive any termination of this agreement. 8. Primary Purpose. City must use and maintain the Premises as a recreational area open to the general public. Any use of the Premises shall be subject to the City's standard procedures and fees. 9. Additions and Alterations. a. County shall not make any additions or alterations to the Premises other than as set out herein without the City's prior written approval. 10. Utilities. City will build out the water and wastewater utilities at Premises at City's cost, estimated to be $75,000, this cost is in addition to the City's responsibility for any remaining project costs not to exceed $175,000 as specified in#4 above. City will pay for all utilities used at Premises. 11. Non-Discrimination. Neither party shall discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States of the State of Texas. City will provide program access or remove barriers to accessibility under the American with Disabilities Act to allow individuals with disabilities the opportunity to participate and receive the benefits of services, programs and activities that are offered. 12. Compliance with Laws. a. Each party must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. City will provide program access or remove barriers to accessibility under the American with Disabilities Act to allow individuals with disabilities the opportunity to participate and receive the benefits of services, programs and activities that are offered. b. All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. Nothing herein shall be construed as a waiver of either party's governmental and sovereign immunity. Page 3of16 13. No Debts and Fiscal Funding. Neither party shall incur any debts or obligations on the credit of the other party during the term of this Agreement. In the event that payments or expenditures are made,they shall be made from current funds as required by Chapter 791, Texas Government Code. 14. Termination. If there is noncompliance with one or more of the provisions contained herein, written notice shall be provided to the non-compliant party to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If compliance or substantial compliance with each provision identified by the written notice has not been achieved within ten(10) days of receiving said notice, the Agreement will terminate for cause upon written notice of termination and listing one or more areas of continued noncompliance. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party. However, during construction of the Improvements under this Agreement, the agreement may only be terminated for cause. 15. Notice. All notices, demands, requests, or replies provided for or permitted, under this Agreement, by either party must be in writing and must be delivered to each of the appropriate individual(s) at the address designated below by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2)business days after deposit with the United States Postal Service. All such notices/communications must be delivered to all parties at each of the following addresses: IF TO COUNTY: County Judge Nueces County 901 Leopard, Rm 303 Corpus Christi, Texas 78401 (361)888-0444 with copies to: Page 4 of 16 Director of Community Services/Inland Parks 4540 FM892 Robstown, Texas 78380 (361)387-5445 Commissioner Joe Gonzalez Nueces County Commissioner Precinct 2 901 Leopard Street, Room 303.07 Corpus Christi, Texas 78401 (361) 888-0296 IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation P. O. Box 9277 Corpus Christi, Texas 78469 Any party may change the address to which notice is sent by using a method set out above. 16. Amendments. No alterations, changes, or modifications of the terms of this Agreement or the waiver of any provision will be valid unless made in writing with notice to all individuals designated pursuant to Provision 15 of this agreement and the subsequent written approval of both parties. 17. Waiver. a. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. b. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorized the nonobservance on any other occasion of the same or any other covenant or condition hereof. c. If any action by a party requires the consent or approval of the other party on one occasion, any consent or approval given on said occasion will not Page 5 of 16 be deemed a consent or approval of the same or any other action at any other occasion. d. Any waiver or indulgence of default of any provision of this Agreement shall not be considered an estoppel against the non-defaulting party. It is expressly understood that, if at any time default in any of its conditions or covenants hereunder has occurred, the failure to promptly avail itself of said rights and remedies which the non-defaulting party may have will not be considered a waiver on the part of the non-defaulting party, but the non-defaulting party may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. 18. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, act of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. 19. Assignment. This Agreement may not be assigned, or transferred directly or indirectly. 20. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. 21. Severability. a. If, for any reason, any section , paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parities to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be Page 6 of 16 legal, valid, and enforceable, will be added to this Agreement automatically. 22. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the parties. EXECUTED IN DUPLICATE, each of which shall be considered an original, and effective on this the day of , 2021. NUECES COUNTY: ATTEST: Barbara Canales Kara Sands County Judge County Clerk CITY OF CORPUS CHRISTI ATTEST: Name: Name: Title: Title: Page 7of16 EXHIBIT "A" � f a N't F kC'1 l f r* x LLJ 4 h'Ex3, + 1 r ~ r w a Z W i � 7 LLJ — n♦�~r—i� -�'xJ Y�+�.�.s'� r �L �¢ �_WwF.�%we ° I �� rzlPanPasEosIT=PLAN %µEwK¢a..°����.x,.�¢°,.,�«, P 11 VLI 1_I-- Page 8 of 16 Exhibit B Terms retarding construction of improvements at West Haven Park A. When constructing the Improvements,the plans and specifications shall be prepared by state-licensed architects or engineers. The plans and specifications are subject to the written approval of both the City Manager or designee and the County. Construction shall not begin until both the City Manager or designee and the County has reviewed and approved the construction plans and specifications. B. The contractor shall maintain City park property in a sanitary, safe and clean condition during construction activities. C. The contractors who are awarded contracts for construction of the Improvements shall furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with County/City as an Obligee. 2. Performance Bond - A performance bond in the amount of One Hundred Percent(100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with County/City as an Obligee. D. All construction agreements for the Improvements shall include the following provisions: 1. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the City of Corpus Christi and Nueces County 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 this agreement, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi and Nueces County from any and all such claims and demands. Page 9of16 2. Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless the City of Corpus Christi and Nueces County and all of its officials, officers, agents and employees from and against any and all claims, losses, damages, suits, demands or causes of action, and liability of every kind including all expenses of litigation and/or settlement, court costs and attorney fees for injury or death of any person or for loss of, damages to, or loss of use of any property, rising out of or in connection with the performance of this agreement. Such indemnity shall apply whether the claims, losses, damages, suits, demands or causes of action arise in whole or in part from the negligence of the City of Corpus Christi or Nueces County, its officers, officials, agents or employees. It is the express intention of the parties hereto that the indemnity provided for in this paragraph is indemnity by Contractor to indemnify and protect the City of Corpus Christi and Nueces County from the consequences of the City of Corpus Christi's or Nueces County's own negligence,where that negligence is a sole or concurring cause of the injury, death or damage. 3. In any and all claims against any party indemnified hereunder by any employee of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for contractor or any subcontractor under workman's compensation or other employee benefit acts. E. The contractor shall furnish insurance in such amounts as specified below and include in all construction agreements for the Improvements the following language: 1. Prior to commencement of any activity on City of Corpus Christi's property, contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement shall be written on an "occurrence" basis. Workers' Compensation as required by law. Employer's Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee, $500,000.00 disease as policy limit. Page 10 of 16 Commercial General Liability Insurance, including Independent Contractor's Liability, Products/Completed Operations and Contractual Liability, covering, but not limited to the indemnification provisions of this contract, fully insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi,Nueces County and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. Comprehensive Automobile and Truck Liability Insurance, covering owned, hired and non-owned vehicles, with a combined single limit of $1,000,000 per occurrence. Builder's Risk. The contractor shall purchase an All Risk builder's risk policy in the amount of the construction cost for the duration of this project. 2. It is agreed by all parties to this Agreement that the insurance required under this Agreement shall: a. Be written with the City of Corpus Christi and Nueces County as additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for thirty (30) days written notice of cancellation to the City of Corpus Christi and Nueces County, material change or any other cause. C. Be written through companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi or Nueces County, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: Page 11 of 16 City Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 Risk and Safety Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469-9277 County Judge Nueces County 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 Risk Manager Nueces County 901 Leopard Street, Room 523 Corpus Christi, Texas 78401 F. All work to be performed by contractors, including all workmanship and materials, shall be of first-class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, and such work shall be subject to City inspection and County inspection by their respective designees during the performance thereof and after it is completed. G. County nor its contractor shall neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and County shall discharge any such lien within thirty (30) days after notice of filing thereof. Page 12 of 16 H. County shall endeavor to ensure that construction under this Agreement is provided in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. L Before any work on City property begins, City of Corpus Christi through its designees City Director of Capital Programs, the City Risk Manager or designee, and the City Manager and Nueces County through its designees Nueces County Judge and Nueces County Risk Manager shall receive proof/evidence of Contractor's insurance coverages and City building and construction permits. Page 13 of 16 EXHIBIT INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager, Nueces County's Risk Manager and Contract Administer one(1)copy of Certificates of Insurance(COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City and County must be listed as additional insureds on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000 /$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence Page 14 of 16 INSTALLATION FLOATER Value of the Equipment and Materials C. In the event of accidents of any kind related to this agreement, Contractor must furnish both the City and County Risk Managers with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. 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. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City and County at the addresses provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City and County at the following address: City of Corpus Christi Nueces County Attn: Risk Manager Attn: Timothy Everest, Risk Manager P.O. Box 9277 901 Leopard Street, Room 523 Corpus Christi, TX 78469-9277 Corpus Christi, Texas 78401 D. 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 County and their officers, officials, employees, volunteers, and elected representatives as additional insureds by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City and County; and Page 15 of 16 • Provide thirty(30)calendar days advance written notice directly to City and County of any suspension, cancellation,non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City and Count. City and County shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City and County 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 and County shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit 4-0 Contracts for General Services— Services Performed Onsite—Pollution —Installation Floater 04/14/2020 Risk Management—Legal Dept. Page 16 of 16 SS\ FOR ACCAP Cs% V ' CORPUS r, ACCREDIrEU CHRISTI 's = PAM �hA RECRFAt�P West Haven Park Interlocal Agreement City Council October 19, 2021 Interlocal Agreement CHRISTI PARK56 • Nueces County will provide $200,000 • City will provide up to $175,000 • Nueces County responsibilities: — Contracting and overseeing construction • City of Corpus Christi responsibilities: — Permitting fees / other applicable fees — Irrigation / backflow certification filing fees — Installation of water / wastewater utilities — Maintenance of premises and all improvements Background GGRPUS CHRISTI PARK56 • 2015 — Nueces County Commissioner Joe A. Gonzalez and Nueces County Inland Park Department approached City of Corpus Christi to make improvements at West Haven Park. — Joint project established. • 2016 — (Phase 1) City Council approved interlocal agreement with Nueces County to make improvements at West Haven Park including a new walking trail, improved irrigation and turf for multi-use athletic field, a half-basketball court, a new park sign with landscaping, exercise equipment, and lighting. Background GGRPUS CHRISTI PARK56 • 2017 — (Phase 2) City Council approved purchase and installation of playground equipment at West Haven Park. • 2021 — Proposed splash pad installation came as a request from residents. Nueces County and the City have worked together to provide the proposed agreement to fulfill this request. Splash Pad p CORPUS CHRISTI PARK56 1 I 5 Rendering GORPUS CHRISTI PARK56 - R� � Q u: O V 1 Q' a corvc��u«oe?«w 10 6 Recommendation CHRISTI PARK56 Staff recommends APPROVAL of this item . se X111 a.� H v AGENDA MEMORANDUM NONPOPPt EFirst Reading Ordinance for the City Council Meeting October 19, 2021 1852 Second Reading Ordinance for the City Council Meeting October 26, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation DanteG(a-)cctexas.com (361) 826-5728 Amendment to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. CAPTION: Ordinance approving the First Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for$500,000.00 from the Corpus Christi B Corporation for the addition of lighting improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course; appropriating $500,000 from the Type B Fund; and amending the operating and capital budgets. SUMMARY: This Ordinance authorizes an amendment to the two-year service agreement with Foresight Corpus Christi Golf, L.L.C. and provides for $500,000.00 from the Corpus Christi B Corporation for additional lighting improvements. The City will provide a total funding amount of$2,800,000 for the Gabe Lozano Golf Course project on a capital improvement basis. BACKGROUND AND FINDINGS: After Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. was approved by City Council on September 14, 2021, the Corpus Christi B Corporation Board approved additional funding in the amount of$500,000.00 for lighting improvements at the practice range and executive 9- hole course at the Gabe Lozano Golf Course. Once the lighting improvements have been completed, Foresight Golf plans to expand operating hours for the practice range and executive 9-hole course. The initial expansion will include remaining open and available for play until midnight each night. ALTERNATIVES: An alternative would be for the City to deny the additional funding and forego the installation of lighting improvements which would prevent Foresight Golf from their intended plans to expand operating hours. FISCAL IMPACT: The fiscal impact of the amendment for the City is a total funding amount of $2,800,000 in capital improvement expenditures. FUNDING DETAIL: Fund: 3297 Parks & Recreation CO's 2021 3251 Parks B Corp. Organization/Activity: 220183297EXP Gabe Lozano Golf Course 220183251 EXP Gabe Lozano Golf Course Mission Element: N/A Project # (CIP Only): 22018 Gabe Lozano Golf Course Account: 550910 Construction Contracted RECOMMENDATION: Staff recommends approval of the Ordinance approving the First Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment Presentation Ordinance approving the First Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $500,000.00 from the Corpus Christi B Corporation for the addition of lighting improvements at the practice range and executive 9- hole course at the Gabe Lozano Golf Course; appropriating $500,000 from the Type B Fund; and amending the operating and capital budgets. WHEREAS, on November 8, 2016, residents of the City of Corpus Christi (the "City") passed Proposition 1 , Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3)the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS, following a public hearing held on September 20, 2021 , the Board has determined that it is in the best interest of the citizens of the City that Type B sales tax funds be used to pay for a certain public improvement, namely lighting improvements at the Gabe Lozano Golf Course; WHEREAS, the Project is consistent with the purposes for which the Type B sales tax was created and approved by the voters of the City; and WHEREAS, the addition of lighting improvements at Gabe Lozano Golf Course will allow for night time play at the practice range and the executive 9-hole course, which will directly create approximately seven new jobs and promote or develop new and expanded business enterprises in Corpus Christi through increased tourism-related revenue; 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 related to the authorization of this project. SECTION 2. That funds in the amount of $500,000.00 are appropriated from the Type B Sales Tax Fund No. 1146 and transferred to the CIP Fund No. 3251 for lighting improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course. SECTION 3. That the FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $500,000.00. SECTION 4. That the FY 2021-22 Capital Budget adopted by Ordinance No. 032540 is amended to increase revenues and expenditures by $500,000.00. SECTION 5. That the City Manager or designee is authorized to execute the First Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $500,000.00 from the Corpus Christi B Corporation for the addition of lighting improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor I 1st AMENDED AND RESTATED ADDENDUM NO. 1 TO LEASE AGREEMENT WITH FORESIGHT CORPUS CHRISTI GOLF,L.L.C. Whereas, on October 26, 2010, the City of Corpus Christi (herein referred to as "the City") and Foresight Corpus Christi Golf, L.L.C., a Texas Limited Liability Company and wholly owned subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (herein referred to as "Operator") entered into a Lease Agreement; (herein referred to as the"Lease")regarding Oso GelfGetir- eBeach and*eGabe Lozano Golf Getir-se r,-epee.-a:o;(as defined in the Lease), Whereas, the Lease was amended by Amendment No. 1 on April 30, 2013, and Amendment No. 2 as of December 1, 2020; Whereas,the Lease authorized the Operator to segregate and hold the Capital Fund to fund capital improvement projects at the Golf Courses; Whereas,the Lease authorized Operator to make certain capital improvements to the Golf Courses with approval from the City Manager; Whereas,the Operator has proposed a capital improvement project to remodel the executive golf course and the practice range at Gabe Lozano (the "Project");-a*4 Whereas, Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. (herein referred to as "Addendum No. 1") was approved by the Corpus Christi City Council on September 14, 2021, Whereas, after initial aproval of Addendum No. 1, on September 20, 2021,the Corpus Christi B Corporation Board approved additional funding in the amount of $500,000 for lighting improvements at the executive golf course and the practice range at Gabe Lozano, and the parties now wish to amend and re-state Addendum No. 1 to include the additional improvements, and Whereas,the intent of this ,,,a�I"Amended and Restated Addendum No. 1 is to layout the responsibilities of each party specifically related to the Project. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Paf6es- ap rues enter into this addendum, effective on the date of last signature, to authorize the Project under the terms of the Lease. 2. City and Operator agree that, in accordance with Sections 8.2 and 12.2 of the Lease and according to state law,the City authorizes the Operator to proceed with the Project,as more fully described in Attachment A, which is attached hereto and incorporated by reference. a. Development of Plans and Specifications. Operator will have the engineer or architect prepare all plans and bid specifications for the Project in compliance with all applicable City, State and Federal codes and regulations for a City public works project. Operator shall ensure that the contract with the engineer or architect for design includes the terms on attached Attachment B. 4812-3801-2412,v. 1 2 b. Project Bids. Operator shall competitively bid all construction contracts related to the Project in compliance with Texas law and in a commercially reasonable manner, including without limitation, advertising the Project and soliciting bids in a local newspaper. The specifications and contract terms for construction must include terms outlined in attached and incorporated Attachment C. Operator shall be responsible to provide oversight and contract management services including inspection services to verify work is timely and properly completed. Operator shall obtain all required City permits for the Project. c. Proiect Completion. Operator must cause the contractor to complete all work for the Project within three years following the Effective Date of this addendum. If construction of the Project is not completed within three years of the Effective Date, the City shall notify Operator in writing of such failure of completion and provide 60 days from the date of the notice for Operator to resolve the failure to complete the Project. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of Operator, as determined by the City, City may terminate this addendum and have no further obligation to provide funding to Operator for this Project. Upon termination of this addendum for failure to timely complete the Project, the City may contract with a construction contractor to complete the project and seek all remedies available under any payment or performance bonds but will have no obligation to do so. In the event that the failure to complete the Project is a result of breach of contract or other failure on the part of Operator's contractor, Operator, with assistance from the City if necessary, will pursue any remedies from the contractor. If the failure to complete the Project is caused by Operator's fraudulent misappropriation of funds, then the Operator will re-pay the funds misappropriated from the City. d. Increased Hours. Once the Project, including the additional lighting improvements, is completed, Operator agrees to increase the hours during which the practice range and 9-hole executive golf course at Gabe Lozano are open and available for play. Initially, the Operator will keep the practice range and 9-hole executive golf course open until midnight each night. e. Quarterly Updates. Operator must provide quarterly updates on the Project to the City's Director of Parks and Recreation in October, January, April, and July of each year until final completion and acceptance of the Project by the City. 3. City will provide funding for the Project, up to $2,399800,000 on a capital improvement basis. a. City Maximum Funding Amount. The parties agree that the capital expenditures required to complete the Project are not to exceed $2,399800,000 which is defined herein as the"City Maximum Funding Amount." The City shall only be responsible for payments up to the City Maximum Funding Amount for completion of the Project. Operator agrees to be responsible for payment of any costs which exceed the City Maximum Funding Amount. This funding includes $500,000 in funds from 4812-3801-2412,v. 1 3 the Corpus Christi B Corporation, which can only be spent on lighting improvements related to the Project. In order to qualify for the full $2,800,000, Operator must expend at least$500,000 on the lighting g improvements. No portion of the$500,000 for lighting improvements may be used for payment for the lighting improvements before November 19, 2021. b. Construction Payments. The City has approved Certificate of Obligation funds for this Project. These funds are held by the City for the dedicated purpose of funding this Project and no other purpose. At the request of the Operator, upon seven day's written notice, the City will provide documentation showing the funds remaining in the City's possession that are dedicated for this Project. The City will deposit the City Maximum Funding Amount to the Capital Account established under the Lease. Operator will issue payments for design and construction of the Project out of the Capital Account as costs are incurred for design and construction draw requests of the Project in accordance with the Lease and the design and construction contracts for the Project on an as-needed basis as laid out in the Payment Approval paragraph below. C. Payment Approval. As costs are incurred, the Operator can request that the City distribute funds to the Capital Account by submitting a Request for Payment Approval. When requesting payment approval, Operator will submit to the City Director of Parks and Recreation a Request For Payment Approval, in the form attached hereto as Attachment D for approval of payment of the costs related to the Project described in the Request For Payment Approval. The City will approve or resolve any objection,unless such action cannot be resolved without information or action from Operator, Operator's contractor, or other non-City actor, to the Request For Payment Approval within three business days of receipt of the request. Funds will be distributed to the Capital Account within 14 calendar days following City approval of the Request for Payment Approval. d. No Payment of Staff.City will not pay for Operator's staff time related to oversight and contract management of the Project. 4. City acknowledges that during construction of the Project the 9-hole executive course and the driving range of theGabe Lozano Gel se will be closed and consents to the closing of such two facilities for the duration of the Project construction. Also, during the Project construction, City Director of Engineering Services and City Director of Parks and Recreation, or their designees, have the right but not the obligation to inspect the Project. Operator agrees to timely resolve any issues identified by City staff that represent non- conformance with the Project design and construction plans. 5. Indemnification. Operator, its officers, agents, and employees ("Indemnitor') shall indemnify and hold the City of Corpus Christi, its officers, agents, employees, and representatives ("Indemnitees') harmless and defend the Indemnitees from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries (including death and Workers' Compensation claims), property loss or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorney's 4812-3801-2412,v. 1 4 fees, and expert witness fees 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. Indemnitor must, at its own expense, investigate all claims and demands, attend to the settlement or other disposition of such claims, 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 any said liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the Indemnitor under this section shall survive the expiration or earlier termination of this Agreement. CITY DOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD HARMLESS, OPERATOR UNDER ANY CIRCUMSTANCES. 6. This addendum is governed by the terms and conditions of the Lease, as amended, and is considered part of the Lease for all intents and purposes. Failure to comply with the terms of this addendum may be considered Operator or City Default in accordance with Section 15 of the Lease. 7. This addendum may be executed in multiple counterparts and by deliver of electronic fax or PDF copies, and all such counterparts will be deemed one and the same agreement among the parties whether or not the signatures of all parties appear on any given counterpart. [Signature Pate Follows] 4812-3801-2412,v. 1 5 AGREED TO BY: Foresight Corpus Christi Golf, L.L.C. By: Daniel A. Pedrotti, Jr., Manager Date: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on by Daniel A. Pedrotti, Jr. as Manager of Foresight Corpus Christi Golf, L.L.C. on behalf of said company. Notary Public CITY OF CORPUS CHRISTI By: Peter Zanoni, City Manager Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Peter Zanoni as the City Manager for the City of Corpus Christi, Texas a Texas municipality on behalf of said municipality. Notary Public Approved as to form: By: Assistant City Attorney Date 4812-3801-2412,v. 1 ATTACHMENT A—PROJECT DESCRIPTION This IaFejeetProiect consists of a complete redo and transformation of the existing practice range and 9- hole executive golf course. From facilities that are underutilized and sub-par when compared to other municipal golf courses, this pFejerAProiect will create "state of the art" practice facilities and a 9-hole golf course that will be an excellent venue for all instructional programming and practice, high school and middle school golf and serve as additional high-quality inventory for the City's residents and guests. Lighting the facility will expand the hours of operation and will create an entertainment venue certain to increase the enjoyment of golf and recreation for all patrons, existing and new. The specific details of the pFejerAProiect include: • Expanding the practice tees to accommodate 50 hitting stations at one time. • The practice range area will be excavated and lowered to create better visibility of targets from the practice tee. It will facilitate drainage that will enable the range to tolerate rainfall and remain open for the maximum number of days. It will also facilitate creating a high, wrap - around ridge around the perimeter of the range that will contain golf balls and provide protection for players in the surrounding areas. • The pFejeetProiect will add an additional 10,000 square foot practice green for practice and instructional programming while allowing the existing practice green to be used as a warm-up facility for the 18-hole regulation course. • It will create a "short game" practice area for practicing chipping and bunker shots and a "pitching area"with targets spaced at 10-yard intervals to facilitate precision practice for longer short game play. • It will include a complete remodel of the 9-hole executive course, complete with new putting greens, tees, bunkers and a "Scottish Style Burn"to add strategy,variety and interest to the new golf holes while providing storm drainage to remove excess rainwater in storm events. This Project also includes$500,000 worth of lighting improvements for the practice range and 9-hole executive golf course.The lighting improvements must provide lighting enhancements that are sufficient to allow play on both the practice range and the 9-hole executive golf course in the evening and nighttime hours after sunset. Once the Project, including the lighting improvements, are completed, Operator will increase the hours and allow nighttime play on the practice range and 9-hole executive golf course. 4812-3801-2412,v. 1 -------------------------------------- --- 1 ,�� �x �t atirYr c` �uninr Golf Trainin � :acilitic[ t lI foe ^.1 l l „II {'�1 74.w,y..+w..�M��w../rrxi�-..r.al•.�:+..�w 1"r.....re�w,i.w dlw..w® �.. rear..,.+rr.Jw...11.a".1.^wrr dA v Ir r.J r ili.pili Lx3r.u+.Y�.r•tiyiA ram.w �..•....4�rx.w.,r.r�..6 �+.a...+.w Mlr ryilw.4L..».... ' .. "A.4—r...r.r.Y....r L..k11. 6 as.,r««w P--.r..x««.«4ir ar Imo'rrrus swi.rYi 11.rtx.+.r a*aYt w i."d °. NSU.rr,.r,.r rs..tiw w..xA w.aiS ww r 10 r..J LA—rr San _.-�. ►rM� d* Wrt r Farr "1...'r IYI�► 7A r lrrs»rA" r dl.Irw w wrrrrYrrwrr r wM 00 y�wwAl.�rrJ iw1 i�ad a&aN libr wow rr rw r1r w Mr f� t+rr MnY rw " aax ur Mr fw to to to •Ir Iq ax M rr la! MN YM No tltl tvY to UN No l.NI ra. as III .,r N f r ■ � r t � 4 l 4 I I ^ w rR a* No s cwJ od i6 cdi om ! II to Y! W A A AM iktp 1!M b 1 N N ' N I ?!Ik Ex 1.1 ♦ I IMI !� +� �; .. t 1 Y iB 1It• p A, 11r611YYr :a1�raYY�lti ka r Foresight Golfrid AMWO .rXl xxW Y'�1 IaW xYr 1a 1: ------------------------------------------------ ua aruxxraraw/rM � .•. ,. .. .�'i.l'.. � �.I.G � a®.ar Isarur al Yl�.rr/MAMarax a w*.a �.w s.r•.wr+rrra.w ATTACHMENT B Required Terms for Contract with Architect or Engineer ("Consultant") ADDITIONAL SCOPE OF SERVICES. In addition to preparation of plans and specifications in compliance with all applicable City Codes and State laws,Consultant will conduct regular on-site inspections and observations of construction contractor's work in progress, materials and equipment to assist in determining if the work is in general proceeding in accordance with construction documents. INDEMNIFICATION A. Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. B. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. C. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. INSURANCE. Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Insurance Requirements for the Consultant are shown in ATTACHMENT B-1 4812-3801-2412,v. 1 ATTACHMENT B-1 Architect/Engineer ("Consultant") 1. Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Peroccurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 4812-3801-2412,v. 1 ATTACHMENT C- REQUIRED TERMS AND CONDITIONS FOR CONSTRUCTION OF THE PROJECT 1. Performance and Payment Bonds. Bonds furnished must be the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable laws and regulations. The contractors who are awarded contracts for construction of the Gabe Lozano Gell Getir- improvements shall furnish the following bonds by surety companies authorized to do business in Texas: A. Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City of Corpus Christi as an Obligee. B. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City of Corpus Christi as an Obligee. 2. All construction agreements for the Project shall include the following provisions. The Indemnity section shall be in large bold face font. A. INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL OF ITS OFFICIALS, AGENTS AND EMPLOYEES, 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 THIS AGREEMENT, 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. B. Project shall be constructed in accordance with all applicable Federal, State and City codes, laws and regulations. 4812-3801-2412,v. 1 C. Contractor and any subcontractors employed on this Project will comply with Chapter 2258 of the Texas Government Code by paying Contractor's employees or subcontractors not less than the general prevailing wage rates. D. Contractor warrants that the goods and services provided under this Contract shall be warranted against any defaults for five years from final acceptance. E. Contractor shall provide insurance as required by Attachment C-1. 4812-3801-2412,v. 1 ATTACHMENT C-1 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one(1)copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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, Bodily Injury and Property Damage non-renewal, material change or termination Per occurrence - aggregate required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 4812-3801-2412,v. 1 INSTALLATION FLOATER Value of the equipment C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance,Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit 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. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's 4812-3801-2412,v. 1 performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations 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. 4812-3801-2412,v. 1 ATTACHMENT D REQUEST FOR PAYMENT APPROVAL (Certification for Payment Approval—Gabe Lozano Remodel Project) CERTIFICATION FOR PAYMENT APPROVAL FORM NO. The undersigned [(the "Construction Manager")/("Operator"] requests approval for the proposed payment from The City of Corpus Christi (the "City") in the amount of $ for labor, design, materials,fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the Gabe Lozano Sr. Golf Course. In connection with the above referenced request of payment approval, [the Construction Manager/Operator] represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of [the Construction Manager/Operator], is qualified to execute this Certification for Payment Approval Form No. on behalf of [the Construction Manager/Operator], and is knowledgeable as to the matters set forth herein. 2. The work described in Exhibit A has been completed in the percentages stated therein. 3. The Certification for Payment Approval for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment Approval submitted for the same work to the City or, if previously requested, no approval was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Exhibit A, is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. Attached hereto as Exhibit B are invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment approval is requested. (Signature pages follow) 4812-3801-2412,v. 1 I hereby declare that the above representations and warranties are true and correct. a [Texas] [limited liability company], as CONSTRUCTION MANAGER/ Foresight Golf Corpus Christi, LLC] By: Name: Title: JOINDER OF PROJECT ARCHITECT The undersigned Project Architect joins this Certification for Payment Approval solely for the purposes of certifying that the representations made by [Construction Manager/Operator] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: 4812-3801-2412,v. 1 APPROVAL OF PAYMENT The City is in receipt of the attached Certification for Payment Approval Form No. acknowledges the Certification for Payment Approval and otherwise finds the Certification for Payment Approval Form No. to be in order. After reviewing the Certification for Payment Approval Form, the City approves the payment described in the Certification for Payment Approval Form No. and authorizes release of the payment from golf course Capital Account to [the designer or construction contractor] or to any person designated by the [designer or construction contractor]. CITY OF CORPUS CHRISTI,TEXAS By: Name: Title: Date: 4812-3801-2412,v. 1 EXHIBIT A TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. Segment Description of Work Completed under Actual Costs this Certification for Payment EXHIBIT B TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. [Include Exhibit a bracketed if final progress payment for such Authorized Improvement] [bills paid affidavit and release of liens-attached] EXHIBIT C TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested] 4812-3801-2412,v. 1 i ✓_ ,� CORPUS FORESIGHT GOLF CHRISTI INNOVAT[VE MANAGEMENT SOLUTIONS PARKS6 RECReATION Lozano Golf Center Executive Golf Course and Practice Range Remodel May 5, 2021 40 1& Greatest Current Opportunity for Corpus Christi Golf?C RPU_ FORESIGHT GOLF CHRISTI PARK^5�6 The Executive&Junior Golf Training Facilities Gabe Lozano Golf Center f-The City of C—p—C6,ias,7— • —• The plan since 2011 has been to do a complete remodel of both the Executive Course and the practice range with the objective of creating a state-of-the-art facility that would be of the finest quality of golf in the City. • It will transform an underutilized 40 acres of mostly non-irrigated space into - a beautiful facility enhancing golf play, programming and instruction! • This Executive Course will attract and serve many of the winter Texan visitors who come to Corpus Christi and presently play our other courses and enable more quality playing time for our junior golf programming and schools. it • Winter Texans play golf in the mornings and junior golf programming and ' I school practice occurs in the afternoons. As a result, we expect that the renovated and improved golf course will be busy all day long. r� As part of the existing regulation golf facility this "State of the Art" facility '> will add only a small amount of additional operating expense but will increase programming, golf inventory and profitability in a significant way. • It will provide improved accommodations for the 9 high schools and 11 ! middle schools that our golf courses serve for practice, play and v competition. -. .. ... 9 Hon Highlights of the Remodel Project: The Executive&Junior Golf Training Facilities .=Gabe Lozano Golf Center for The City of Corpus Christi,Texas TExpanded practice tee can accommodate 50 hitting stations at one time. The range area will be excavated and lowered to create better visibility from the tee, - improve the drainage and create fill to be used on the golf holes and for a high ridge to �r wrap around the range for protection and containment. Add a new 10,000 sq. foot practice putting green. The existing practice putting + ruJ green can be used as a warm-up green for players on the eighteen hole course. f I ,. c ® Add a abort game practice area for chipping and bunter practice. The area can e be set up as six separate practice areas or as a six hole chip-n-putt course with each o° 0 hole playing up to 30-40 yards long. Add a precision pitching area with small target greens at 10 yard distances up to n 100 yards. �> i. Add a Scottish-style "burn" to facilitate drainage for the 9 hole course and to . « ; da - add some strategy, variety and interest to a few of the holes. The burn will drain into the existing drainage channel along the east aide of the golf course. a, 'K „�no< Foresight G� Lozano Golf Center Executive Course 2019&2020 YTD Rounds and Revenues Based on 364 days/Yr. Economics of Actual Executive 2019 Rounds Pla ed Yield Revenue Rwads/llya Executive 9 Hole Green Fee 3,554 $ 9.99 $ 35,513.51 10 The Remodel Executive 9 Hole Junior Green Fee 829 $ 4.41 $ 3,656.50 2 Total 4,383 $ 8.94 $ 39,170.01 12 2020 Rounds Played Yield Revenue Executive 9 Hole Green Fee 6,182 $ 10.00 $ 61,797.42 17 Executive 9 Hole Junior Green Fee 785 $ 4.50 $ 3,537.00 2 Total 6,968 S 9.38 S 65,334.42 19 Lozano Golf Center Executive Course Post-Renovation Pro Forma Effect of Renovation of Executive Course Includes a complete redesign of thegolf course,new putting greens,regrading holes,new irrigation,installation of bunkers, and plan ting new Seashore Paspntu m on putting preens, fairways,fees and rough Based on 364 days/Yr. Post-Renovation Pro Fornla:Stabalized Year 1 Rounds Projected Yield Revenue Projected Projected Executive 9 Rounds/Day Executive 9 Hole Green Fee 11,646 $ 25.00 $ 291,200 322 Executive 9 Hole Junior Green Fee 2.912 $ 15.00 $ 43,680 8 Food&Fever e $ 5.00 $ 72,800 Total Post Renovation Results 14,560 S 28.00 $ 407,680 40 Potential Incremental Revenue if Executive Course is Lighted;-'"' Based an 364days/Yr. Projected Executive 9 Nighttime Operation Rounds/Day Executive 9 Hole Green Fee 10,192 $ 25.00 $ 254,800 78 Executive 9 Hole Junior Green Fee 1,455 $ 15.00 $ 21,840 4 Food&8ev $ 6.00 $ 69,888 Total N' ttime eration 11,648 S 29.75 S 346,528 32 Potential Total Per Year(Rounds and Revenue-Daytime/Nighttime Operation) Rounds/Day Total 26,208 r$ 28.78 S 754,208 72 4 Description Quantity Unit Unit Cost $A--t Tatala Cornslxnta/A—pti.— NbnrvLr,m]hikaexad„n IL—p Som S 7sox10 I 5 75,4"1..", Lozano Practice Facility I L,vnp Sam 4 tlJANNwo S 11I.4NJp1J 5 &s�tNN.I.tN� fl— and 9 Hole Short rwESi pri y&Ile. .,,1 44 1(: $ 'Som S rp NJ m) R-- „. .,1;,�,. +hTmg N—N' h RZ—zd&L7ispn,al 4,1 M tiJ $ .1.45 5 I'mi.m 11,mcd—xirr m mn,ualing nL'—f pin'ana $ 3A,1RMI.l NJ Course Renovation Fanl •wkHF. a r:m limsusn(imrnd tiilr k�enm 3,51[1 LI4 I S 12w51J.lN, tiilr F—shag JrainakenaJ 1'.xea,a[isrnh hL„(irulinK Ww, (:S' $ ,Ski $ 175,xwc C-1 fdl ni UuiCJ}•riCf fexrva, 5 I K7 2S1 UAD tilwri.LK 1 L—p N— S L25,I4AIAMI $ 125ANJAN7 A,1,6w ufx,ilf(-.— Construction Quantities&Cost (.—fj,n,tn, wr AI IMMI SI $ 21k1 S 166,4NJ.1D ith 4”and np;nn d—w.K-1 g—nu 11 Estimate :rt:n'ra.,rrR,<.I:in:, sf $ 11 5 ,'J r0.N.,.(7 Pxcria ax,,nlc ....... :u 11 31,7LMI til' $ 2.tNI S 41AU0.117 [ndL IL,u]King,d—X,and pF-1 I:i_ifcr end 554 '1N 5 551N1 5 311,5,W J. C. .—F—d dVh s w2,;,nulM1 December 10,2019 =n an Y.1 1.1 12w�d,1P�r. SJM7f1 I.1 5 5.1K1 S 25,0NJ.(11) I,aina F ndhw4nrdraiau r°.1 fn\1'ti��Li.114r. MMI 1.1 5 7.(NI S ❑I_s1N)AD Si:,dp6--.Itipl.i.,l.— i .L175\[! 1.^.pa IJMV 1.1' S ,IAkI S 11,N07.[1V ti..d up hr-6p6 emlrro 1nlL-a-i-:,iron nim IS Il4 5 2xUJ,I 5 1,7-%.(N) Cain.,m,.-ds I:, nh m•n 1,narL IS 1:1 $ 325ANI 5 4,675X10 (:LLu:j fairn-a.'areas nh inmlym 3 IA S 41ti UA1 5 1_350.110 Hurnom uFrnxtia'nryt< S -Wg7S.,N, I IL:A,Mr.&Wi-g 43 :11: S 211,twol S wkl7 KNJ.l11J Adp..d--g—d up form 311 u.es ru a]aero. 6ER,fX7i7.i711 ]?'VL rk d:arr 11.4h KJMA1 Sy $ 4-25 S 34,(K (N) 4”rhi.k--t,rash J.-%V—(:au.,iryn 5 EA S 3-4AKIb 1 $ 17AVAU (AIP-JL,,--pah.rn Ker anus rhe di-w."bore,. 5 SIS 6f10 Fini.ldng I i,n,h cndinK a(rang Prer 41.1) A(: S 2r0UA['1 $ 1(a sw.[A) I'ai—u .nd pn—y...A rrea,cmlr PlxntirLg V-I AVanc U g.11'-dim-r 43.0 AC S 1,pMI* S 4.3,(11N7.IM7 [:acre,,rLw,.G:a.a.xand rm,.,aa'ar,yA, $ 1d551M Y.IA) (;—n, so,01Ni 5k f 11.45 S 37,15h.(N) NT,A nKra,,T.Wq d T-,hxiewocs and l(,.,* 41.1) AC S 3,(N1DAkI S 123,007.017 P.T.hnnxrays,rnw"d S 1G6,354 0 Su11-Ttxal Const—fi-Cost Est. $ 7,963,45.5.011 Mi.o.I1�.�nu.I,L.,lr.�n I7', (.t11-1nuam.Irchiteegl'ee,tle l':xr— 7 I—p S— S FAMMNIANI $ IstI,4NJA41 (:,df enwu arehereel,ir,eptvan de,iKner xnd all LxrcmwL. N'i,ntmXcn-I'wd 7 1-4,S— 5 t'xa145S,I S PM 145.117 JL—Od,tai.m--i— Total 5 318,34&g.Sn Total rnsttuctian Cost Ext. $ '5 ,g0 Next Phase and Major Step to Play and Profitability FORESF CORPUS CHRISTI PARK56 Lighting The Executive Course and Practice Range • This project is also a game changer. With the beautiful and temperate climate of Corpus Christi, the only thing that curtails playing and practicing the game of golf is daylight. • Lighting short courses is becoming increasingly popular to extend the hours that the game can be played. The San Pedro Driving Range and Par 3 Course in San Antonio (pictured right) which was just remodeled and lighted by the Alamo City Golf Trail, has been a huge success. �� • With the volume of shift work that occurs in Corpus Christi, we are convinced that this golf course and the practice range would be utilized at night if the facilities were of good quality and lighted. Cost To Light and ROI ACHR FORESIGHTGOLF........................... P ARK^S�6 Potential Incremental Revenue if Executive Course is Lighted eased on 364days/Yr. Projected Executive 9 Nighttime Operation Rounds/Day Executive 9 Hole Green Fee 10,192 S 25.00 S 254,800 28 Executive 9 Hole Junior Green Fee 1.456 S 15.00 S 21,840 4 Food&Beverage S 6.00 S 69,888 Total Nighttime Operation 11,648 S 29.75 S 346,528 32 Current Estimate to Light 40 Acres = $500,000 • After operating expenses, investment can be recouped in approximately 2 years. so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting of October 19, 2021 1852 Second Reading for the City Council Meeting of October 26, 2021 DATE: October 19, 2021 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, P. E., Director of Engineering Services jeffreye(a)-cctexas.com (361) 826-3851 Ordinance Accepting and Appropriating Texas General Land Office-Coastal Management Program's Gulf of Mexico Energy Security Act Grant Funding and Authorizing a Real Estate Purchase for the Laguna Shores Rehabilitation - Redhead Pond Mitigation Project CAPTION: Ordinance accepting and appropriating the Gulf of Mexico Energy Security Act ("GOMESA") grant funding from the Texas General Land Office — Coastal Management Program in an amount of $130,043.00 in the Community Development Grant Fund; and authorizing a Real Estate Sales Contract with Tracy Duncan in an amount of$355,000.00 for the acquisition of 22.2427 acres, located in Council District 4, with FY2022 funding available from the Community Development Grant Fund. SUMMARY: This ordinance authorizes the acceptance of the Gulf of Mexico Energy Security Act ("GOMESA") additional grant funding from the Texas General Land Office (GLO) — Coastal Management Program and authorizes the acquisition of five tracts (approximately 22.2427 acres) located adjacent to Laguna Madre and the Redhead Pond area. The land will be used for the rerouting of stormwater associated with the Bond 2018 Laguna Shores street reconstruction projects. This project is expected to improve water quality, re-establish a vital freshwater source, and increase wildlife diversity in the area. BACKGROUND AND FINDINGS: Section 404 of the Clean Water Act requires mitigation that is approved by the United States Army Corps of Engineers (USACE) when fill material is placed in wetlands or waters of the United States. The Laguna Shores Road Reconstruction Project impacted 1.39 acres of surrounding wetland areas. The USACE Section 404 permit for Laguna Shores Road required a 4:1 minimum mitigation ratio. The City proposed the Redhead Pond Restoration as the wetlands mitigation project to support the Laguna Shores Road reconstruction. Redhead Pond area has historically been a freshwater resource for wintering redhead ducks and other shorebirds. Over time, the pond has become more saline/brackish due to changes to surface flows as a result of development and tidal influence. The Wetlands Mitigation Plan for the Laguna Shores Rehabilitation Project proposed to restore freshwater inflows into Redhead Pond by re-directing storm drainage into the pond. This action will restore freshwater inflows into Redhead Pond and improve the quality of this habitat. To help fund the Redhead Pond Project, the City applied for and accepted a Gulf of Mexico Energy Security Act of 2006 (GOMESA) grant to acquire the necessary property. On February 9, 2021, City Council passed an ordinance to accept $253,307.00 of GOMESA grant funding to acquire the subject properties. Subsequent to the original grant application, the property was appraised at $383,350.00. The new appraisal left a shortfall of$130,043.00 in grant proceeds for the land purchase. In July 2021, the GLO approved additional GOMESA grant funding for the land acquisition. To date, the City has obtained a "Willing Seller" Letter, Title Commitment, Phase I - Environmental Site Assessment (ESA), and a property appraisal. It was concluded that a Phase 11 - Environmental Site Assessment was not needed. To proceed with the Section 404 mitigation plan, the City must acquire the property adjacent to Redhead Pond and contiguous to the existing Texas Parks &Wildlife Department's Redhead Pond Wildlife Management Area. The terms of the grant require that the property be retained and maintained forever in a predominately natural vegetative condition for the purpose of protecting, conserving, and restoring coastal areas and habitats. Upon Council approval, the City will purchase the subject property to support the Laguna Shores Rehabilitation —Section 404 Mitigation Plan. ALTERNATIVES: The alternative is to not accept the additional grant funding and not purchase the adjacent land. The City would then need to develop an alternative plan to satisfy the Section 404 Wetlands Mitigation requirements for the Laguna Shores Rehabilitation Project. FISCAL IMPACT: The fiscal impact in FY2022 is an amount of$355,000.00 with funding available from the Community Development Grant Fund. FUNDING DETAIL: Fund: Community Development Grant (Fund 1072) Mission Elem: N/A Account: 290202 Activity: 870104-S-1072-EXP Amount: $130,043 RECOMMENDATION: Staff recommends approval of the ordinance to authorize the acceptance and appropriation of the GOMESA grant. This grant will fund the acquisition of 24.43 acres of wetland and upland property which includes the 9.0-acre Redhead Pond. The acquisition of this property is expected to improve water quality, reduce non-point source pollution, re-establish fresh and brackish marsh habitats, and increase wildlife diversity in the area. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Appraisal Title Commitment Real Estate Contract Mitigation Plan — Laguna Shores Rehabilitation —Segments 1, 2, and 3 Phase I ESA Ordinance accepting and appropriating the Gulf of Mexico Energy Security Act ("GOMESA") grant funding from the Texas General Land Office — Coastal Management Program in an amount of $130,043.00 in the Community Development Grant Fund; and authorizing a Real Estate Sales Contract with Tracy Duncan in an amount of $355,000.00 for the acquisition of 22.2427 acres, located in Council District 4, with FY2022 funding available from the Community Development Grant Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The $130,043.00 GOMESA funds from the Texas General Land Office is appropriated in Fund No. 1072 for the acquisition of property located on Laguna Shores Road and Hustlin' Hornet Drive. Section 2. The FY 2022 Operational Budget adopted by Ordinance No. 032540 is amended to increase appropriations by $130,043.00. Section 3. The City Manager or designee is authorized to sign the real estate sales contract to purchase 22.2427 acres of land located on Laguna Shores Road and Hustlin' Hornet in the amount of$355,000.00, which includes a required deed restriction to retain and maintain the property forever predominantly in the natural vegetative condition for the purpose of protecting, conserving and restoring coastal areas and habitats. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma 1 That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 2 AQ 0 b � N SCALE: N.T.S. w�wmw B LOCATION VICINITY MAP NOT TO SCALE v/ O Q� O Sp�o 35811 � 8 c v 0yo m a ��� LOCATION � WALDRON READHEA FIELD INOLF �� POND LAG U NA M 9ry LOCATION MAP NOT TO SCALE REAL ESTATE PURCHASE CITY COUNCIL EXHIBIT (22.2427 ACRES) CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES w � �.�♦ w, ,y. e SCALE: N.T.S. N F w e F . ti R BLUFF 4 . S . D 3 ,r 5 YR O w r O 4 " b R . H . tLEGEND LAGUNA SYMOBOL TRACT ACRES M A D R E Oi First Tract 16.46 OSecond Tract 0.4154 Third Tract 0.6223 -' ", - Fourth Tract of 3.679 AERIAL MAP OFifth Tract 1.066 NOT TO SCALE REAL ESTATE PURCHASE CITY COUNCIL EXHIBIT (22.2427 ACRES) CITY OF CORPUS CHRISTI,TEXAS v4Q DEPARTMENT OF ENGINEERING SERVICES 10FC I {;J, 2019 Mitigation Plan -Laguna Shores Rehabilitation - Segments 1, 2, and 3 1) Goals and Objectives The proposed mitigation plan for unavoidable impacts of filling approximately 1.12 acres of 404 Waters and approximately 0.2 acres of Section 10 Waters of the U.S. (.07 for roadway, and .134 for the living shoreline breakwater), as well as dredging .07 acres of wetlands (1.39 acres total) to offset unavoidable impacts caused by the raising and widening of Laguna Shores Road and upsizing of culverts. The least environmentally damaging practicable alternative was reached through avoidance and minimization, with ecological considerations and reasonable costs influencing the selection of the preferred alternative. The on-site mitigation is proposed to as a "watershed approach." Specifically, the proposed mitigation for impacts involves the hydrologic restoration of 9.75 acres of an open water freshwater pond, Redhead Pond, adjacent to the project site. (See Redhead Pond Mitigation Exhibits) Due to nuisance tides, re-routing of stormwater, and sea level rise, Redhead pond has been converted from a vital freshwater source for many wintering duck and shorebird populations to a brackish/saline water pond which has almost no duck usage these days. The extreme hydrological shifts on a seasonal basis and lack of a permanent connection has rendered Redhead Pond to a much Iower value body of water, for either salt water or fresh water characteristics. History Redhead Pond was created in the 1940's by the excavation of approximately a 9.75 acre area supposedly for fill for adjacent projects (A Management Plan for Redhead Pond,TPWD). The 37 acre tract was purchased from Dr. Beverly Held by the Nature Conservancy (TNC) in 1990, and then TNC conveyed the property to Texas Parks and Wildlife Department(TPWD) while retaining a conservation easement. The property was acquired with the purpose to protect and enhance wintering waterfowl habitat and wetland natural resources. The northern section of Redhead Pond, where the proposed improvements are to occur, is currently owned by Tracy Duncan, a copasetic landowner. 2) Mitigation Site Selection The mitigation site was selected due to several factors. Proximity to the proposed impacts of raising and widening Laguna Shores being first and foremost and the mitigation can be considered "on site." The need for hydrologic restoration in the area is also paramount and a stated goal in the Management Plan. Agency support, namely from the owners, TPWD and Tracy Duncan, is also high due to lack of funding, smaller size of the tract compared to other TPWD holdings, and distance from other TPWD managed areas. In addition, the site was selected as it is being influenced by the same factors that are causing the purpose and need of raising the road, namely flooding and saltwater intrusion. 3) Mitigation preservation sites protection DEC 1 0 2019 The majority of the site is already preserved by the TPWD as a wildlife management area, and also by a permanent conservation easement that is held by TNC. These have been filed a permanent dedications in the Nueces County record files in perpetuity. The northern portion of Redhead Pond (Tracy's tract) is wetlands, and is protected by the Clean Water Act. 4) Baseline Conditions The wetlands that are adjacent to primarily segments 1 and 2 of Laguna Shores have long been disturbed by the construction of the road, as well as constant disturbance from vehicular traffic going off the edge of the road. Erosion on segment 1 adjacent to the road on the east side is on the order of 60-70 feet over time. Storm and nuisance tides, and the resulting erosion are threatening the road base, hence the proposed pilot living shoreline project. A majority of the wetlands adjacent to the road in segment 1 are unvegetated sand flat that has a variety of hydrologic regimes due to the raised road acting as a dam for both sides. A hydrology and hydrologic (H&H) study was completed during the early stages of design for the new road, and it was determined that the current culverts crossing Laguna Shores are undersized and causing impoundment of flood and storm water. Raising the road would require the widening of the four mentioned drainage channels. The shoulders of the current road vary between asphalt fill for slopes, to some unvegetated flats, to wetlands that grow up to the edge of the current road. A wetland delineation was completed as a component of the overall application. Historically there have been stormwater infrastructure re-routes in the area that have changed the drainage patterns over time and are negatively influencing Redhead Pond. Drainage improvements with the reconstruction of Waldron Road shunted some of the stormwater that had flowed to the east now flow to the south to the Van Galen drainage and away from Redhead. There is also an 18"stormwater drain from the Flour Bluff Independent School District(FBISD)property(Jr.High area) that moves water from the track area, east down Gadwell, and then into the outfall drainage on the north side of Gadwell. This drainage infrastructure is shunting stormwater away from Redhead Pond into the adjacent Beasley pond/ditch. In addition, this stormwater drain is also inadequate for the area it is expected to drain, and this causes flooding in the adjacent neighborhood on Oakdale Street. A second perpendicular culvert under Gadwell Road on the north end of Redhead pond connects it to the Beasley pond and drainage, which drains into but also exchanges salt water with the Laguna Madre through a set of culverts under Laguna Shores Road. During the 2018 season and recently (spring and fall 2019), there have been many instances of"nuisance tides" (Dr. Philippe Tissot, per. Comm.) which have resulted in water levels that have exceeded the upper outfall pipe elevation under Gadwell. This has resulted in waters from the Laguna Madre flooding into Redhead Pond. Salinities measured 15ppt in November 2018, and then 20ppt in January 2019, despite a higher-than-normal amount of rainfall during that period. DEC 1 0 2010 The hypersaline waters from the Laguna Madre flooding into Redhead Pond has converted Redhead pond from a vital freshwater source for wintering duck and shorebird populations to a brackish/saline water pond which has little usage these days. The extreme hydrological shifts on a seasonal basis and lack of a permanent connection has rendered Redhead Pond to a lower value body of water, for either salt water or fresh water characteristics. The proposed mitigation will include the replacement of the existing culvert under Gadwell. In addition, this will help prevent flooding of about a half dozen houses along the adjacent Oakdale Street. 5) Determination of Mitigation Requirements The widening and raising of Laguna Shores road, upsizing the drainage channels at the O'Neill, Beasley,Van Galen,and Yorktown culverts,and fill for the living shoreline component will impact 1.39 acres of wetland areas (see Table 1 below). The living shoreline breakwater and marsh fill of.134 acres is included as impact, although it could be considered a restoration component outside of the mitigation ratio. The proposed mitigation is the restoration of previously impaired adjacent wetlands through a watershed approach. Restoration of a Category II wetland is general accepted at a 1:1 ratio. (Category II wetlands can be important for a variety of wildlife species and can be critical for the watershed depending on where they are located. In contrast to Category I wetlands, Category II wetlands do not provide critical habitat for any T&E species or species of concern. Generally these wetlands are pristine, not fragmented; common but more productive and sustain higher biodiversity compared to Category III wetlands.) The proposed mitigation is 9.75 acres of hydrologic restoration to 1.39 acres of impact to wetlands,both vegetated and non-vegetated. This would indicate that a 1:1 mitigation ratio is 7 acres of mitigation to 1 acre of impact (7:1). If the Category I ratio of 2:1 is used, this would result in 3.9 acres of mitigation to 1 acre of impact, which still exceeds the minimum mitigation ratio (-4:1). The USACE will determine what level of mitigation is acceptable. Table 1—Impacts from Widening Segments 1, 2, and 3 and drainage channels Segment 1 Segment 2 Segment 3 Total -- ------ ----------— Section 10(fill) _ 6690 274 207 7171 Section 10(dredge) _ 0 660 0 660 Section 10(matting) 1016 854 3 1873 Section 404(fill) _ 129 2614 56 2799 Section 404(dredge) 0 2090 0 2090 Section 404(matting) 739 1697 65 2501 Mud Flat (fill) 548 0 0 548 Mud Flat(matting) 716 0 0 716 --- Riprap(fill) 417 1395 437 2249 Sand Flat(fill) 404 __2519 _ 2941 5864_ Sand Flat(matting) 1261 0 1072 2333 Vegetation(fill) 5681 11663 7541 24885 Vegetation (dredge) - 0 287 0 287 UCC 2019 Vegatation (matting) 206 980 4142 5328 Wingwalls (fill) 490 731 123 1344 Total(sf) 12460 25764 16587 60648 Total (acre) 1.392 6) Mitigation Work Plan The proposed work plan is the re-establishment of the storinwater flows into Redhead Pond from the adjacent Oakdale neighborhood, as well as from the FBISD property. This will involve the removal of an inadequate storm water system and construction of approximately 540 feet of open concrete lined ditch in the 30' utility easement, an intake structure with wingwalls, and 480 feet of 8' by 3' reinforced concrete box (RCB). The terminal end of the RCB will also be placed on the south side of Gadwell in the same footprint as the existing culvert on that side. If requested, a set of roughness baffles ("dragons teeth") may be added. This will restore approximately 9.75 acres of freshwater habitat, which is critical to wintering ducks and other local shorebirds and wildlife. A similar restoration project has already been accomplished on a nearby pond (corner of Graham Road and Laguna Shores) through the reestablishment of stormwater flows. This has resulted in extremely high usage numbers of ducks in the short time that flows have been restored. The freshwater may also influence the surrounding wetlands. There may be some restoration of unvegetated salt flats to brackish and fresh water vegetation and natural revegetation as a result of the hydrologic restoration. There are pockets of leafy three-square, bulrush, cattails and salt meadow cordgrass in the area that may re-establish and expand over time. The pond was historically ringed with cattails, but the high salinities have extirpated all freshwater vegetation from the area. The proposed mitigation plan may restore over 9 acres of habitat in addition to the 9.75-acre freshwater pond, however the habitat restoration of the adjacent marsh is not included in the mitigation computations due to uncertainty of rainfall amounts. Living shoreline component The City of Corpus Christi has partnered with the Corpus Christi Metropolitan Planning Organization (MPO)in support of the Laguna Shores Living Shoreline project that will be located along segment 1 near the intersection of Graham. The intent of the project is to provide shoreline protection to reduce erosion to the adjacent road. The project is part of a Federal Highway Administration(FHWA)pilot program to deploy nature-based shore protection features to increase the resilience of roadways in extreme weather. The City proposes to construct a low-crested stone breakwater, consisting of approximately 160 cubic yards of graded riprap within a 0.134-acre footprint. The riprap will be placed on geotextile filter fabric and fill of 160 cubic yards will be placed between the breakwater and shoreline at elevations conducive to salt marsh plants, which are expected to naturally recruit. See attached exhibits. The proposed low-crested breakwater will have a crest width of 4 feet and set to an elevation of approximately 3 feet NAVD. The front and back slopes to the breakwater will be constructed at ;;I_C 1 0 2919 approximately a 1.5:1 slope and extend to a bottom elevation of approximately -1.0 ft NAVD. Elevations of the marsh vegetation area behind the breakwater will range from approximately 0.75 feet to 1.25 feet NAVD to create an area suited for settlement by salt marsh vegetation. Impacts A majority of the mitigation activities will occur in uplands. The RCB pipe placed at the end of the drainage in the current roadway (Gadwell) for the freshwater restoration will remain in the existing culvert footprint for no net change. A set of roughness baffles ("dragons teeth") may be added if requested. This will include a small amount of fill, but still well within mitigation ratio requirements. The existing perpendicular culvert under Gadwell to be removed is in uplands. The proposed hydrologic restoration will occur through improvements to the existing stormwater system. In addition,this will help prevent flooding of about a half dozen houses along the adjacent Oakdale Street, for an ancillary positive benefit. The H&H study determined that the culverts at the O'Neill, Beasley, Van Galen, and Yorktown ditches all need to be upsized in order to prevent impoundment of storm water. These impacts are included in the impact table above. The living shoreline component could be considered a restoration or conversion of habitats, however it is included as an impact of 0.134 acres of impact included in the mitigation ratio. 7) Maintenance Plan No planting is proposed as the mitigation is hydrologic restoration in nature. The only maintenance is for the City of Corpus Christi to monitor that the storm water system is functioning properly. The City of Corpus Christi has an Indefinite Delivery/Indefinite Quantity Program (IDIQ) that is ongoing and is funded yearly through the Engineering Department that will ensure any potential future costs for maintaining the mitigation/restoration system. The scope of the IDIQ program includes,but is not limited to;rehabilitation and/or replacement of manholes,curb inlets, and storm water pipes or box culverts by open cut installation methods, well pointing, cleaning and televised inspection of conduits, and other stormwater pollution prevention plans/permit compliance (SWPPP). Once constructed,the infrastructure will become a part of this program that is inspected on a regular basis to ensure that it is operating correctly, and any maintenance that is needed in the future. In addition,inspection of the property will also continue as completed by both the TPWD, and the Friends of Redhead Pond. They will provide feedback to the owners of the infrastructure (City of Corpus Christi) regarding the function of the restored stormwater system. The breakwater is expected to have a lifespan of at least 20 years, without the need for maintenance. The marsh behind the living shoreline is expected to vegetate naturally, and as no planting is proposed, no maintenance is proposed. 8) Performance Standards DCC i 0 2013 Performance standards are observable or measurable physical, chemical, and/or biological attributes that are used to determine if a compensatory mitigation project meets its objectives. The functional capacity of Redhead Pond as a freshwater wetland has been altered over time due to changes in freshwater inflows and saltwater intrusion. Current USACE performance standards are primarily related to vegetation with little standards for evaluation of hydrologic regimes. The proposed mitigation will restore freshwater inflows, however as no historical data regarding salinity is available, no analysis regarding pre- or post- construction can be performed. While there is an expectation of hydrology to affect biology through hydraulic mitigation, the geomorphology and physiochemical parameters cannot be assessed meristically or by data analysis. In addition, while there are standard monitoring programs for stream restoration and marsh restoration, there is not a specific, accepted standard monitoring program for hydrologic/salinity regime restoration. A similar hydrologic project was recently completed adjacent in a similar area,but the history and hydrologic regimes of the two project vary in regards to their connection (or lack thereof) with the Laguna Madre, that data or comparison between the two would not result in a pertinent analysis. Performance standards will include monitoring conducted by the City of Corpus Christi as required by the Texas Commission on Environmental Quality (TCEQ) as the City operates a Municipal Separate Storm Sewer System(MS4). An MS4 stormwater system does not connect with a waste water collection system or treatment plant. In order to maintain its MS4 designation, storm water quality is required to be tested and maintained. The City has previously designated Redhead Pond as a sampling station, and will include salinity in their monitoring efforts. These reports can be sent to the USACE or other agency upon request. Performance standards are expected to include the reduced salinity of Redhead Pond;however,as rainfall is unpredictable,monitoring of Redhead Pond may have varied results. One of the simplest and most assured performance standards of the goal of reducing salinities is to increase wintering waterfowl usage of the freshwater. Yearly monitoring of waterfowl can occur if required by the USACE, although anecdotal observations will suffice to get a relative idea of the increase of duck usage from the current presence of zero. In addition, the site is a part of the Christmas Bird Count by Audubon and is monitored yearly(David Newstead, pers. Comm.). 9) Monitoring Plan As mentioned above in the performance"standards, the City of Corpus Christi will monitor the salinity along with their required storm water monitoring, and can provide reports to the USACE. The salinity in Redhead Pond relative to recent rainfall will be the success criteria, resulting in increased wintering waterfowl usage. The presence of any wintering waterfowl post construction can be deemed a success over the past couple of seasons, as there was little to no usage anecdotally observed on several occasions. In addition, the Friends of Redhead Pond completes reconnaissance observations of the property monthly. The monitoring reports will include: a) The Corps permit number and name b) Name of party responsible for conducting the monitoring DEC 1. 0 2019 c) A brief description of the purpose of the project and aquatic resources d) Written description of the location of the salinity monitoring locations e) Dates and any notes on when the mitigation construction occurred f) Short statement on whether the performance standards are being met g) Dates of any corrective or maintenance activities h) Specific recommendations for any corrective or remedial actions Neither the TPWD nor the TNC will be responsible or liable for any monitoring, either pre- or post-construction, or in the future. 10)Long Term Management Plan The City of Corpus Christi will manage the infrastructure yearly for their required MS4 and IDIQ programs as required by the TCEQ. In addition, the Friends of Redhead Pond has recently achieved 501c3 status in order to he able to accept and manage portions of Redhead Pond, and any additional lands that are added to the project in the future, if TPWD and/or Tracy Duncan sees fit to relinquish management duties. The Nature Conservancy also holds a Conservation Easement of the TPWD section of Redhead Pond, which has been filed with Nueces County and is included in the Deed Records of the parcels. The mitigation plan is considered "in perpetuity." 11)Adaptive Management Plan Revise the existing Management Plan for Redhead Pond as needed, which can be accomplished by either TPWD or the Friends of Redhead Pond. The first Management Plan was written by TPWD in 1992, with an update in 2010. Based on that schedule, the next update will be due in 2028. 12)Financial Assurances The construction of the mitigation will occur before or during the construction of Laguna Shores Road. Mitigation funds are included in the Laguna Shores project budget, which is previously voter approved Bond 2018 funds, or by the IDIQ Program,both of which are long term programs. The hydrologic restoration activities will occur at the same time as construction, and coupled with the referenced programs, preclude the need for proof of long term financial capability/responsibility. If the proposed drainage improvements fail, then the City will be responsible for any corrective actions. 9 LPA APPRAISAL REPORT VACANT LAND SWC of Laguna Shores Road and Hustlin Hornet Drive Corpus Christi, Nueces County, Texas Illll�l t. Effective Date of Value: May 7, 2021 Appraisers: Mario Caro, MAI, AI-GRS, SR/WA and Anthony DiMare CLIENT • • --------------------------------------------------------------------------- June 15, 2021 Bobby C. Harraid, Jr. The City of Corpus Christi Property&Land Acquisition Manager 1201 Leopard Street, 78401 Corpus Christi,Texas 78469-9277 VACANT LAND SWC of Laguna Shores Road and Hustlin Hornet Drive Corpus Christi, Nueces County,Texas In accordance with your request and authorization,we have completed an Appraisal Report of the captioned property for the purpose of developing an opinion of the market value of the subject property. It is our intent to comply with the Uniform Appraisal Standards for Federal Land Acquisitions ("Yellow Book") and the Uniform Standards of Professional Appraisal Practice (USPAP). It should be noted that the undersigned have experience in appraising properties considered similar to the subject, in the subject market area, and therefore comply with the Competency Rule as outlined in USPAP. This letter is accompanied by the following report, plus the Addendum, which sets forth our findings and conclusions. Maps, plats and photographs that are considered essential to explain the reasoning followed in making the appraisal have been included and the conclusions are expressed therein.Also,no hazardous materials or waste were noted upon inspection of the subject property. Please refer to the Basic Assumptions and Limiting Conditions section of this report. USPAP Standards Rule 1-2(h) states that an appraiser must identify the scope of work necessary to complete an assignment.The scope of work is acceptable when it is consistent with: (1) the expectations of participants in the market for the same or similar appraisal services; and (2) what the appraiser's peers' actions would be in performing the same or similar assignment in compliance with USPAP. In the case of the subject property, both of these USPAP criteria have been met. NOTEWORTHY POINTS ■ The appraisal of the subject property consists of the fee simple interest of 22.2427 acres of land (968,868 SF) as of May 7, 2021. Approximately 95% of the property is in the V22, Velocity Hazard (EL 12), an area of 100-year coastal flood with velocity (wave action), and +/- 5% of the property is in Zone B, an area inside the 500-year flood plain. ■ The subject is not currently under contract for sale. ■ The Cost, Sales and Income Approaches were all considered, but only the Sales Approach (land only) was utilized. It is noted and emphasized that the omission of the Cost,Sales (as improved) and Income Approaches are not considered to, in any way, reduce the credibility of the value conclusion herein. These approaches were omitted due to the lack of improvements on the site and the subject being a non-income producing tract of land. ■ COVID-19 continues to impact the economy and commercial real estate. LPA is working diligently to capture and analyze current market data to reliably quantify impacts on real property values. We are conducting interviews with market participants as well as relying on available survey data in order to support our conclusions regarding COVID-19. ---------------------------- The ------- ---------The appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice, led us to develop the opinion of market value of: VALUE CONCLUSIONS Status Interest Date Value As Is Fee Simple May 7,2021 $355,000 Support and explanation for our value conclusion is explained in detail in the contents of the attached report. It has been a pleasure to assist you, and if we can be of service to you in the future, please let us know. Lowery Property Advisors, LLC OL4;�� MARIO CARO, MAI,AI-GRS,SR/WA ANTHONY DIMARE Texas State Certified General Real Estate Appraiser Texas State Certified General Real Estate Appraiser Certificate No.TX1334889-G Certificate No.TX1381001-G mario@lowerypa.com adimare@lowerypa.com SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND CONTENTS SUBJECTPHOTOS............................................................................................................................................................. 5 INTRODUCTION ................................................................................................................................................................8 SCOPEOF WORK............................................................................................................................................................. 9 NEIGHBORHOOD........................................................................................................................................................... 11 DEMOGRAPHICS............................................................................................................................................................ 15 COVID-19 ....................................................................................................................................................................... 18 SITEDESCRIPTION...........................................................................................................................................................26 PROPERTYHISTORY........................................................................................................................................................ 39 REALESTATE TAXES......................................................................................................................................................... 40 HIGHEST & BEST USE ....................................................................................................................................................... 41 LANDVALUATION.......................................................................................................................................................... 45 RECONCILIATION........................................................................................................................................................... 57 MARKETING/ EXPOSURE TIME .........................................................................................Error! Bookmark not defined. ASSUMPTIONS & LIMITING CONDITIONS...................................................................................................................... 58 CERTIFICATION............................................................................................................................................................... 60 ADDENDUM.................................................................................................................................................................... 61 LPA 2021.04.139 PAGE 2 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND SALIENT DATA GENERAL Effective Date of Value May 7, 2021 "As Is" Date of Inspection May 7, 2021 Property Rights Appraised Fee Simple SITE DESCRIPTION Location The subject is located at the southwest corner of Laguna Shores Road and Hustlin Hornet Drive, with a small portion of the property located on the southeast side of Laguna Shores Road, fronting the Laguna Madre. There is no physical address associated with the subject property as of the effective date of this appraisal.The subject is located in the city limits of Corpus Christi. Site Description Per the provided survey, the subject property totals 22.2427 acres (968,868 SF). It should be noted, 21.1767 acres is located on the northwest side of Laguna Shores Road and 1.066 acres is located on the southeast side of Laguna Shores Road, fronting the Laguna Madre. The 1.066-acre portion facing the Laguna Madre is non- contiguous from the primary 21.767 acres; however, given the tests "Larger Parcel" (unity of ownership, unity of use, contiguity), the property is appraised as a whole 22.2427 acre tract. The subject is irregular in shape and displays relatively level topography. Approximately 95%of the property is in the V22, Velocity Hazard (EL 12), an area of 100-year coastal flood with velocity (wave action), and +/- 5% of the property is in Zone B, an area inside the 500-year flood plain. Reader is referred to the Site Description section for further details. Legal Description Being 22.2427 acres of land out of the Flour Bluff and Encinal Farm and Garden Tracts, located in the Ramonde Ynojosa Survey, Abstract No. 411, City of Corpus Christi, Nueces County, Texas Utilities All available,water and sewer by extension only Zoning RM-1 -Multifamily 1 District CR-1 -Resort Commercial (Bayfront) District IH- Heavy Industrial District IMPROVEMENTS General Description None LPA 2021.04.139 PAGE 3 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE As Vacant Interim recreational use (1-2 years) and/or future speculative development, subject to utility extension and significant architectural and engineering to support improvement(s). VALUE CONCLUSIONS Sales Comparison Approach $355,000 Final Opinion of Value $355,000 LPA 2021.04.139 PAGE 4 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND SUBJECT PHOTOS Photographed by: Mario Caro on May 7, 2021 04 it a; ^ w 1. Hustlin Hornet Drive viewing south 2. Southern portion of subject viewing southwest 3. Southern portion of subject viewing north 4. Southern portion of subject viewing northeast y. mr 5. Central portion of subject viewing east 6. Central portion of subject viewing northeast LPA 2021.04.139 PAGE 5 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND Photographed by: Mario Caro on May 7, 2021 7. Hustlin Hornet Drive viewing southwest 8. Laguna Shores Road viewing east at 1.066- acre, non-contiguous portion 9. From eastern-most portion viewing west at 10. Debra Lane, viewing southwest, subject 1.066-acre, non-continuous portion on left 11. Laguna Shores Road, viewing southwest, 12. Hustlin Hornet Drive, viewing southeast, subject on right and left subject on right LPA 2021.04.139 PAGE 6 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND AERIAL SUBJECT LPA 2021.04.139 PAGE 7 INTRODUCTION CORPUS CHRISTI•TEXAS VACANT LAND INTRODUCTION This is an Appraisal Report, which is intended to comply with the reporting requirements set forth under the sixth edition of the Uniform Appraisal Standards for Federal Land Acquisitions and Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report. Furthermore, as agreed upon with the client prior to the preparation of this appraisal, this is an appraisal as set forth by Yellow Book and USPAP. Per the survey plat provided, the whole property consists of five, un-platted tracts of land totaling 22.2427 acres. The 1.066-acre portion facing the Laguna Madre is non-contiguous from the primary 21.767 acres. Given the property's unity of ownership, unity of use as vacant land, similar physical attributes of the tracts (see Flood Zone section), and its contiguity/proximity, the "Larger Parcel" is determined to be the whole 22.2427-acre tract. TYPE OF VALUE The value definition employed in this report is Market Value, as established by US Supreme Court cases and as cited in the Uniform Appraisal Standards for Federal Land Acquisitions as follows: Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of value, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a wiling and reasonably knowledgeable buyer, with neither compelled to buy or sell, giving due consideration to all available economic uses of the property. Intended Use Provide an opinion of total compensation due to the property owner as a result of the direct acquisition (voluntary purchase) described herein. Intended User City of Corpus Christi and the Texas General Land Office Client City of Corpus Christi Property Rights Fee Simple Date of Value May 7, 2021 "As Is" Date of Inspection May 7, 2021 Date of Report June 15, 2021 Property Owner Contact Ms.Tracy Duncan (512) 750-6805 provided permission to view the subject property unaccompanied. LPA 2021.04.139 PAGE 8 SCOPE OF WORK CORPUS CHRISTI•TEXAS VACANT LAND SCOPE OF WORK The scope of the assignment relates to the extent and manner in which research is conducted, data is gathered and analysis is applied. In preparing this appraisal, the appraisers did the following: ■ Inspected the subject property; ■ Searched the applicable market area for comparable market data. We utilized multiple sources including but not limited to: Costar, Loopnet, area brokers, local MLS, as well as our proprietary database. The geographical area researched included the Corpus Christi metro region and specifically the Flour Bluff area.The time frame researched was the last 3 years from the date of report. ■ Interviewed landowners and local brokers familiar with the subject area and considered their insight of the current market and transactions. Local real estate brokers with intimate knowledge of the subject property and the surrounding area were interviewed to gain insight on recent market transactions, as well as the current state of market activity and demand for similar properties in this market. Brokers interviewed included: Cliff Atnip (Cobb, Lundquist & Atnip), Burris McRee (Gulftex Properties), Mark Adame (Joe Adame & Associates), Gene Guernsey (Gene Guernsey & Associates) and Al Benavides (TexStar Realty), among others. ■ Obtained information from surrounding counties and area jurisdictions regarding zoning, taxes, property history, flood plain, utilities, etc. Extensive discussions were had with the City of Corpus Christi's Coastal Protection Manager, Kathleen Chapa, regarding flood plain and velocity hazard requirements. ■ Developed an opinion of market value via use of the Sales Approach. The inclusion or exclusion of approaches to value was determined by LPA and not our client. ■ Developed an opinion of market value via the Sales Approach, land only. The Income Approach and Cost Approach to value are not utilized for this report as they are not deemed necessary for credible assignment results. The Cost Approach was not considered to be applicable considering the subject does not display any vertical improvements. The Income Approach was not considered to be applicable as the subject is a non-income producing vacant tract of land.The omission of the Income Approach and Cost Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein. The inclusion or exclusion of approaches to value was determined by LPA and not our client. ■ To develop the opinion of value, the appraiser performed an appraisal process, as defined by the Uniform Standards of Professional Appraisal Practice. Extraordinary Assumptions & Hypothetical Conditions It is emphasized that per USPAP, "the use of extraordinary assumptions and or hypothetical conditions may have affected assignment results."These terms are defined as follows: LPA 2021.04.139 PAGE 9 SCOPE OF WORK CORPUS CHRISTI•TEXAS VACANT LAND Extraordinary Assumption, "an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions." This report is made with the following extraordinary assumption(s): ■ None Hypothetical Condition, "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." This report is made with the following hypothetical condition(s): ■ None Jurisdictional Exceptions Certain departures from Standard 1 were invoked due to the Jurisdictional Exception of the Uniform Standards of Professional Appraisal Practice (USPAP). A Jurisdictional Exception is "an assignment condition established by applicable law or regulation,which precludes an appraiser from complying with a part of USPAP." (Source: USPAP 2020-2021 Edition, Page 4). ■ According to USPAP Standard Rule 1-2(c), when Exposure Time is a component of the definition for the value opinion being developed, an appraiser must develop an opinion of reasonable exposure time linked to the value opinion. As Exposure Time is not a component of the federal definition of market value, a Jurisdictional Exception to the USPAP rule relating to Exposure Time applies. ■ The Jurisdictional Exception applies to Standard Rule 14(f),which states that "when analyzing anticipated public or private improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such anticipated improvements to the extent they are reflected in market actions." In the appraisal of property under federal law,the valuation must disregard any government project influence on a property's market value once it is within the scope of the government's project. This rule only applies to changes in value attributable to the government's project, and disregards changes in value due to other factors. LPA 2021.04.139 PAGE 10 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NEIGHBORHOOD A neighborhood is typically a segment of a community, city or town which is a homogeneous grouping of individuals, buildings or business enterprises within the larger community. A neighborhood has three stages of life and possibly a fourth. They are (1) integration (the development stage), (2) equilibrium (the static stage), (3) disintegration (the declining or decaying stage), and possibly (4) a redevelopment or rejuvenation state or period and continuance of the neighborhood life cycle. r "Olk'Qd'y ~�. '«�.e Texas Siete Aquarium. Selena Nlus¢u n _ corpus C 'st6 retrornin """' SOLO TBYas Bot201t819 Garden;8 Nature Carter SUBJECT n T' , m z LPA 2021.04.139 PAGE 1 1 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND 4 LOCATION The subject property is located in the City of Corpus Christi, Nueces County, Texas. The subject neighborhood is best defined by use patterns, as well as the location of major thoroughfares and natural boundaries. Neighborhood boundaries are generally defined by the Corpus Christi Bay to the north, The John F. Kennedy Memorial Causeway to the east, The Gulf of Mexico to the west and Whitecap Boulevard to the south. GENERAL INFORMATION Corpus Christi is a coastal city in the South Texas region, which is 130 miles southeast of San Antonio. Corpus Christi has a population of 325,734 people with a median age of 35.1 and a median household income of$54,344. Between 2015 and 2016 the population of Corpus Christi grew from 324,082 to 325,734, a 0.51 increase and its median household income grew from $51,255 to $54,344, a 6.03% increase. This city is home to a number of popular destinations for both tourist and residents. Most of the local economy is driven by tourism and the oil and petrochemicals industry.The city's location provides opportunities for water sports and nature tourism. Some of the most visited attractions are located on North Beach, where the Texas State Aquarium and the USS Lexington Museum on the Bay are located. Schlitterbahn Riverpark and Resort is located on the southeastern portion of Corpus Christi and offers a unique vacation destination with over a mile of rivers which can be accessed by 16 beaches, all interconnected with each other. The resort also includes a full-service restaurant and a golf course, offering amenities and activities for all ages. The Port of Corpus Christi,which is the fifth largest U.S. Port and deepest inshore port on the Gulf of Mexico, handles mostly oil and agricultural products. Corpus Christi is home to several institutions of higher learning such as Texas A&M University-Corpus Christi, De Mar College,Saint Leo University-Corpus Christi and numerous vocational schools. The city has six school districts which provide primary and secondary education for residents. The market area is a combination of vacant land, single-family residential, retail, multifamily, office and industrial uses. Retail/commercial development is primarily located along major thoroughfares such as SH 358 (South Padre Island Drive). Residential uses are located on secondary thoroughfares. LPA 2021.04.139 PAGE 12 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NAVAL AIR STATION CORPUS CHISTI NAS Corpus Christi was commissioned on March 12, 1941 after a board found that a lack of training facilities capable of meeting an emergency demand for pilots constituted a grave situation. NAS CC provided intermediate flight training in World War II, training naval pilots to fly SNJ,SNV,SNB, OS2U, PBY, and N3N airplanes. In 1944 it was the largest naval aviation training facility in the world. The facility covered 20,000 acres, had 997 hangars, shops, barracks, warehouse and accessory buildings. Today, Training Air Wing FOUR produces approximately 400 newly qualified aviators each year via the "Maritime Pipeline" for shore-based US Navy, US Marine Corps and US Coast Guard fixed—wing jet and turboprop aircraft. Training Air Wing FOUR consists of four squadrons which handle training in the T-613 Texan II, a single engine turboprop aircraft and advanced training in the twin engine T-44C Pegasus aircraft. NAS Corpus Christi is also home to the Corpus Christi Army Depot, the largest helicopter repair facility in the world. ACCESS Access to the subject neighborhood is considered good due to its proximity to Interstate Highway 37 and US Highway 77 / Interstate Highway 69E. North of the subject site is Interstate 37 which provides a direct link to both Interstate Highway 35 and Interstate Highway 10 in San Antonio. Interstate 69E/ US Highway 77 connects the city to Brownsville to the south and Victoria and Waco to the north. Texas State Highway 44 is a main thoroughfare that connects Corpus Christi to Laredo and the western part of South Texas by way of Interstate 69W / US Highway 59, Interstate 35, and US Highway 83. The inner-city public transportation is provided by Corpus Christi Regional Transportation Authority with its bus route. Other primary thoroughfares include Highway 286 (Crosstown Expressway) and Highway 358 (South Padre Island Drive). UTILITIES The majority of the city of Corpus Christi is adequately served by all the typical utilities, including water, sewer, electric service, natural gas, septic and public telephone. However, the subject property does not have access to the city of Corpus Christi public water or public sewer. Major utility companies servicing the neighborhood include the City of Corpus Christi and TXU Electric Company. LPA 2021.04.139 PAGE 13 NEIGHBORHOOD CORPUS CHRISTI•TEXAS VACANT LAND NUISANCES & HAZARDS Nuisances and hazards are limited in the subject neighborhood. Vibration, smoke, smog, odors and intense noise are basically related to vehicular traffic along the major thoroughfares. As in any area, traffic density poses problems ranging from congestion to noise. These problems are not severe and are a natural part of most communities. LIFE CYCLE Each neighborhood has a unique and dynamic quality all its own, given man's unique imagination, design and development of an area. This quality is described as a "life cycle,"which is identified in The Appraisal of Real Estate as evolving through the following four stages. Growth Neighborhood gains public favor and acceptance Stability Equilibrium without marked gains or losses Decline Diminishing demand Revitalization Renewal, modernization and increasing demand Overall, the subject neighborhood appears to be in the stability period of its life cycle. Land prices have increased.The immediate area is a well-established area within the city of Corpus Christi and is considered to be approximately 70%developed. Properties appear to range in age from new to over 50 years. CONCLUSION The subject neighborhood is located in the Flour Bluff community of Corpus Christi, Nueces County, Texas. Demand for virtually all types of real estate in this area has been mostly stable in recent years. The future growth of the neighborhood relies heavily upon the strength of the economy and the overall strength of the real estate market within the entire Corpus Christi area. The subject property displays good locational attributes in the defined neighborhood and should benefit from any positive economic conditions experienced by the immediate area. Based on research of land sales in the subject neighborhood and discussions with local real estate brokers, land market values in the Corpus Christi area have increased at a rate of approximately 5.0%/year and are expected to continue to increase at a similar rate for the foreseeable future. LPA 2021.04.139 PAGE 14 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND DEMOGRAPHICS Tha fr111r)\A/inr1 r)rlrYPC CI IrY mrIri7P rfrifn n;=n;=mfPr1 h\/fhP UIIR qwesn- cmmm SWC of Hustlin Hornet Drive and Laguna Shores Road Prepared by Esri Corpus Christi,Texas,78418 Kings: 1, a, :s mile raaii Gard endalc',.Ap'� Ilk 358 Eldur Bluff 41 Ile }u i141 t d was, • LPA 2021.04.139 PAGE 15 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND esn- Demographic and Income Profile SWC of Hustlin Hornet Drive and Laguna Shores Road Prepared by Esn Corpus Christi,Texas, 78418 Ring: 3 mile radius Summary Census 2010 2020 2025 Population 20,657 21,592 22,078 Households 7,847 8,180 8,345 Families 5,376 5,560 5,659 Average Household Size 2.63 2.64 2.64 Owner Occupied Housing Units 4,880 5,064 5,155 Renter Occupied Housing Units 2,967 3,116 3,190 Median Age 37.1 38.3 38.6 Trends:2020-2025 Annual Rate Area State National Population 0.45% 1.54% 0.72% Households 0.40% 1.51% 0.72% Families 0.35% 1.47% 0.64% Owner HHs 0.36% 1.53% 0.72% Median Household Income 1.34% 1.43% 1.60% 2020 2025 Households by income Number Percent Number Percent x$15,000 936 11.4% 892 10.7% $15,000 $24,999 739 9.0% 674 8.1% $25,000-$34,999 781 9.5% 760 9.1% $35,000- 549,999 1,265 15.5% 1,217 14.6% $50,000- $74,999 1,464 17.9% 1,481 17.7% $75,000-$99,999 967 11.8% 1,019 12.2% $100,000-$149,999 1,362 16.7% 1,520 18.2% $150,000-5199,999 341 4.2% 403 4.8% $200,000+ 323 3.9% 379 4.5% Median Household Income $54,586 $58,354 Average Household Income $73,531 580,849 Per Capita Income $27,882 $30,588 Census 2010 2020 2025 Population by Age Number Percent Number Percent Number Percent 0-4 1,351 6.5% 1,299 6.0% 1,344 6.1% 5-9 1,463 7.1% 1,329 6.2% 1,371 6.2% 10- 14 1,597 7.7% 1,390 6.4% 1,432 6.5% 15- 19 1,588 7.7% 1,346 6.2% 1.326 6.0% 20-24 1,205 5.8% 1,358 6.3% 1,189 5.4% 25-34 2,622 12.7% 3,140 14.5% 3,312 15.0% 35-44 2,536 12.3% 2,624 12.2% 2,873 13.0% 45-54 3,472 16.8% 2,586 12.0% 2,493 11.3% 55-64 2,684 13.0% 3,201 14.8% 2,769 12.5% 65-74 1,337 6.5% 2,214 10.3% 2,551 11.6% 75-84 637 3.1% 848 3.9% 1,136 5.1% 85+ 166 0.8% 256 1.2% 282 1.3% LPA 2021.04.139 PAGE 16 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND esr• , Demographic and Income Profile SWC of Hustlin Hornet Drive and Laguna.Shores Road Prepared by Esri 201 Hustlin Hornet Or,Corpus Christi,Texas, 78418 Ring: 3 mile radius 'rends 2020-2025 1.6 1.4 � 1.2 q) n 1 c 0.8- 0,6- J .80.6J 0.4 ■ Area a O.z ■ state ■ USA 0- Population Households Families Owner HHS Median HH Income Population by Age 14- 12- 10- 6- 4- 4121064- F ■ 2020 2 L 2025 0 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2020 Household Income "^"^ -`°- - L-•• h--- S25K•$34K 9.6% S.1SK-$24K $35K-S49K 9.0% 15.596 �S35K 11.416 $200K- $50K-$74K 3.9% 17-9% S 150 K-$199K 4.2% S3011K-S149K f75K-S99K 16.7% 1 t$% LPA 2021.04.139 PAGE 17 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND COVID-19 The COVID-19 pandemic continues to impact the economy and commercial real estate. LPA is working diligently to capture and analyze current market data to reliably quantify impacts on real property values. Outlined below is a timeline of important events in the history of the pandemic, as well as sentiment from leading experts regarding the current condition of commercial real estate and the recovery of the economy. As the situation evolves, LPA is committed to monitoring current events and how they affect the commercial real estate market. Jan 21 The first instance of the coronavirus is seen in the U.S. Mar 1 The World Health Organization declares COVD-19 a worldwide pandemic. Mar 27 President Trump signs a $2 Trillion economic stimulus bill. May 26 All 50 states had begun some form of reopening procedure. De ' ' The FDA approves use of the Pfizer-BioNTech vaccine. Dec 18 THE FDA approves use of the Moderna vaccine. Dec 21 Congress passes a new$900 Billion stimulus package, the first since March 2020. Feb 27 The FDA approves emergency use of the Johnson &Johnson vaccine. Mar 3 Governor Abbott declares that all restrictions in Texas will be lifted starting March 10. Mar 10 Congress passes the American Rescue Plan, the largest stimulus bill to date. Mar 23 Texas announces that all adults will be eligible for the vaccine beginning March 29. May 4 Pfizer announces it will seek clearance to vaccinate children ages 2 through 11. May 14 CDC updates guidelines, stating that fully vaccinated people do not have to wear a mask or socially distance. LPA 2021.04.139 PAGE 18 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND UNEMPLOYMENT Employment figures are paramount in analyzing trends in LJNEQn+rErurt&IMS TEXAS Qa,00n the market. The COVID-19 80.000 pandemic has strongly affected ?0.000 the employment status in 601000 numerous non-essential and 50=0 essential industries. As stay-at- 40,OW home orders began, employment aao,wo in sectors such as retail and food 211,0w service sharply declined. The 10000 graphs to the right show the 0 v T W o Q n a n weekly number of jobless claims _ � nnW)N ryry aw! NMkW x)FYrHN. on the national and state level. The number of jobless claims UNEMPLOYMENT CLAIMS NATIONAL 400,000 skyrocketed in March, when the pandemic officially began, with 7oo,aaC official unemployment numbers 600,000 reaching 23.1 million or 14.7%. 500.000 Unemployment steadily declined 400.00° over the following months, with 300,OOC 200,"0c January reaching a rate of 6.3%or ,00,aac 10.1 million people without jobs. 0 While this is an improvement, the Q g g number is still well above pre- pandemic levels as many of the hardest hit industries are still affected by restrictions. COVID-19 affected virtually all industries in a negative way. Of the 31 major employment sectors defined by the Bureau of Labor Statistics, 27 set a single-month record for job loss in March. Only utilities, telecom, and other information sectors and the federal government did not shed jobs at a record pace. As mentioned previously, the food service and retail sectors bore the brunt of the negative effects, as these industries are most affected by occupancy restrictions and social distancing guidelines. Virtually all industries have seen net improvement as time has progressed, but climbing case numbers at the end of 2020 slowed the pace of growth as reopening procedures were paused across the country. The chart below shows the quarterly job loss/gain by industry. LPA 2021.04.139 PAGE 19 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND JOB LOSS/GAINS BY SECTOR 1 6(76 606 5 D0.000 a 1 1 ■ ■ 1 #9 -500,000 -1.600.000 -1.500,01)o -2-000,000 -2.500,600 _3.1100,0W 41 e t�J0 `;Gr y4ti� yyy ■';`?2020 ■Q3 20?('• Q42020 *Q 1 ?i POLICY RESPONSE While the foremost consideration during the pandemic is public health policy, virtually all local, state, and federal governments enacted some sort of monetary and fiscal policy to ease the burden the virus is putting on economies at all levels. Monetary Policy The U.S. Federal Reserve initiated a `whatever it takes' approach to monetary and banking policy at the onset of the pandemic. While many actions were taken, the most substantial steps have been to decrease interest rates and begin measures of quantitative easing.The Fed has decreased the federal funds rate by 1.5%since March 3. This rate serves as a benchmark for other short- and long-term rates, and is aimed at lowering rates on mortgages, auto, and home equity loans. These rates will remain low until the Fed sees minimum improvement in labor market conditions. Quantitative Easing refers to the Fed purchasing trillions of dollars in securities in order to restore smooth market functioning so that credit can continue to flow. In terms of its correlation to real estate, the Fed has encouraged banks to continue to function by direct lending, as well as temporarily relaxing regulatory requirements. The Fed has also instituted many of the same tools used in the great recession in 2008. LPA 2021.04.139 PAGE 20 COVID-19 CORPUS CHRISTI-TEXAS VACANT LAND Fiscal Policy The table below shows the extent of stimulus the federal government has enacted thus far, with the most significant being the CARES Act. On March 26, 2020, the U.S. Senate passed this approximately $2 Trillion coronavirus response bill, which included an estimated $560 billion to individuals by way of stimulus checks and extra unemployment benefits, $377 billion in emergency grants and loan relief for small businesses, $500 billion in employment relief for large corporations, including airlines, and $150 billion to state and local governments in form of direct aid. Coronavirus Paycheck Families F'nsf Aid,Relief,and I'mfeclion Consolidated American Coronavirus Economic Program and Appropriation, Rescue Plan COVID-19 LEGISLATION Reponse Act security Act Health Care Act Act (CARES Act) Enhancement Jecerrkxr 'arch 10, Act 21,2020 Economic Support for Small Businesses $377 Billion $3838illion $3256illion $596illion Financial Assistance to Lairge Companies $500 Billion' Tal(Incentives $105 Billion $263 Billion � � $143 Billion Health Aid Spending $ss Biuion $145 Billion $100 Billion $54 Billion $723 Billion Payments to Taxpayers $292 Billion $166 Billion $410 Billon Unemployment Insurance $5 Billion $268 Billion $120 Billion $24d Billion Aid to Stale. Local. and Terriotorial Govemments X1 $150 Billion $3d0 Billion Other $24 Billion $228 Billion $235 Billion $547 Billion Tota I Cost $192 Bion $1,721&Ilion Sa63 Billion $900 Billion $1,966 Billion After nine months without any new stimulus, a new package was passed by the House and the Senate in December 2020 that totaled $900 Billion, approximately half of the total amount of the CARES Act. Shortly thereafter,a$1.9 trillion dollar bill named the American Rescue Plan passed on March 10,2020.The bill includes $1,400 in stimulus checks to taxpayers earning less than$80,000/year, $300 in extra unemployment checks,aid to small businesses in the form of refunding the Paycheck Protection Program, and $123 Billion in health-aid spending. This bill is the largest bill passed in relation to the pandemic to date. LPA 2021.04.139 PAGE 21 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND PROPERTY TYPES The commercial real estate industry is segmented, meaning that different geographic areas and property types react to economic conditions in various ways.This has proven to be true as it related to COVID-19. Below are descriptions of the major property types and how they specifically are being affected by the virus. Multi Family Although the multifamily sector is traditionally seen as a resilient property type, different sectors of apartments have. It is noted that federal stimulus and increased personal savings have kept vacancy and rent loss lower than predicted. Demand has been focused on suburban markets, as they offer more space at a lower price. This is due to work location trending more towards the home than the office. Consequently, urban markets have seen a substantial drop in demand. Industrial The industrial sector has been one of the least affected property types through the pandemic. While activity and leasing slowed given restrictions, increased space needs from the e-commerce sector has place upward pressure on the demand for quality industrial space. Exceptions to this have included markets dependent on energy, buildings leased to small/non-credit tenants, and properties located in secondary markets. Retail The retail sector is among the hardest hit property types. While the emergence of ecommerce was already shifting space needs for producers, the pandemic has caused this shift to accelerate even further. However, the pandemic has not doomed all traditional retail, as many retailers have adjusted to the pandemic. Store retailers have remained stronger than previously hoped,as personal savings and retail spending has increased through the pandemic. Sporting goods, home improvement, and grocery stores have been strengths. However, service-oriented retail such as restaurants and clothing stores are still experiencing strain. As the vaccines continue to progress through society, pent-up demand should improve these businesses. Office Many office landlords are feeling the effects of COVID-19.As unemployment increased and economic activity dropped, demand for office space in the short term decreased.This weak demand has increased vacancies, put downward pressure on rents, increased concessions, and slowed lease-up of vacant space. While demand has increased as the economy has recovered, the work from home phenomenon has gained popularity and technology has made it easier to accomplish.This will likely lead to a more permanent demand for office space even as the virus disappears. LPA 2021.04.139 PAGE 22 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND Hospitality Hotels remain the hardest-hit property type to date.As travel restrictions have been placed, hotel rooms have been empty. While the impacts have been felt heavily in all classes of lodging, the damage is proportionate. Most current hotel occupancy is coming from the economy class, as those who are travelling are opting to stay at less expensive, limited-service hotels. Luxury hotels that rely on group and convention demand have been the most heavily affected. According to STIR and Tourism Economics, the U.S. Hotel Industry is projected to report a 50.5%decline in RevPAR in 2020. RECOVERY According to economists at the CoStar Group, the U.S. GDP declined 34% in Q2, but rebounded 35% in Q3. While this signifies recovery, this does not tell the whole story. As mentioned previously, the U.S. has only recovered approximately half of the jobs lost after the initial 22 million loss suffered at the initial onset of the pandemic. At this rate, employment is not expected to return to pre-pandemic levels until the end of 2022. The biggest threats to overall recovery are surging cases and lack of additional fiscal support from governments. While the economy is growing, the pace of recovery is likely to be slow and protracted like that of the Great Recession. MORTALITY AS?76 OF COWID-1'9 CASES 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% N W N W V N N Cn W N N `C -C U.S. TEXAS NEW MEXICO LPA 2021.04.139 PAGE 23 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND The chart above shows the mortality rate as a percentage of the total cases while comparing Texas, New Mexico, and the United States as a whole. While the mortality rate was steady to declining for most of the country in the second half of 2020, cases began rising sharply in November. Cases peaked at record high levels in early January but have since declined more than 30%into February. Even so, this increase has led to an uptick in mortality as seen in the chart. However, the emergence of effective vaccines will hopefully begin to decrease case count and mortality as 2021 progresses. VACCINES Full recovery of the economy can only happen with containment of the virus. To accomplish this, multiple vaccines have been in development since the virus was first seen in early 2020.As of February, three vaccines are currently approved by for"emergency use" in the U.S.,with more to be announced in the coming months. Emergency use means that the FDA allows for widespread use of the vaccines as long as the public benefits. Consequently, public administration has begun in the U.S. and across the world. While roll-out plans differ from state to state, the most common starting point has been to make doses available to people over 65 years old and/or with pre-existing conditions. Most states are currently in this phase, but as production and delivery of the doses becomes more efficient, new phases can begin. With this, the country can hopefully make meaningful progress towards herd immunity. The below chart shows the cumulative number of vaccines as compared to new daily cases of the virus across the country. CASES AND VACCINE DISTRIBUTION (NATIONAL) iUC ul lu,000 350,000 250,000,000 300,00C 250,000 200,000,000 20C,000 150 000,000 �I 150,000 100,ow,0Qa I 100,00C =.n nnn nn0 50,000 Total Cumulative Doses Administered New Daily Cases LPA 2021.04.139 PAGE 24 COVID-19 CORPUS CHRISTI•TEXAS VACANT LAND The three vaccines currently being administered across the country were developed by pharmaceutical companies Pfizer-BioNTech, Moderna, and Johnson and Johnson. Pfizer and Moderna vaccines are similar in that each requires 2 doses weeks apart,while Johnson and Johnson only requires one dose.The first two were approved in mid-December and have been administered in greater numbers each day, while the third was approved in late February. Researchers have determined that currently, these vaccines are over 90% effective in protecting people from the virus. The emergence of new variants of the virus may lessen effectiveness, but this rate is still far above more common vaccines such as the flu. AstraZeneca is also developing a vaccine that is effective in combating the virus, but has not yet been approved for use in the U.S. CURRENT VACCINES MODERNA PFIZER JOHNSSo ASTRAZENECA JOIHNS NN Number of Doses 2 2 1 2 Weeks Between Doses 4 3 I N/A F—ur to 12 1 I Feb 27 Date of Emergency Approval D+eC 18 Dec 11 202f1 2020 2021 Pending Efficacy Rate 94.5`0 95% 727c 6217c CONCLUSION The COVID-19 pandemic was unprecedented, and therefore ever changing. The commercial real estate industry has responded in various ways. In many of the heavily affected sectors, rent relief has been requested and deals are being put on hold. The overwhelming sentiment is that market participants are taking a `wait and see' approach regarding their next steps. As mentioned previously, LPA is working diligently to capture and analyze current market data to reliably quantify impacts on real property values, national and regional. As the situation evolves, LPA is committed to monitoring current events and how they impact the commercial real estate market. LPA 2021.04.139 PAGE 25 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND SITE DESCRIPTION PHYSICAL CHARACTERISTICS Location The subject is located at the southwest corner of Laguna Shores Road and Hustlin Hornet Drive, with a small non-contiguous portion of the property located on the southeast side of Laguna Shores Road, fronting the Laguna Madre. There is no physical address associated with the subject property as of the effective date of this appraisal. The subject is located in the city limits of Corpus Christi. Legal Description Being 22.2427 acres of land out of the Flour Bluff and Encinal Farm and Garden Tracts, located in the Ramonde Ynojosa Survey, Abstract No. 411, City of Corpus Christi, Nueces County, Texas. Use & Surrounding Uses The subject has historically been undeveloped, vacant land and is surrounded by undeveloped land to the north, east, and southwest and residential uses to the south, east and west. The Duncan Cemetery and Flour Bluff Intermediate School are located adjacent to west of the property and The Redhead Pond Wildlife Management Area is adjacent to the southwest. Size / Configuration / Larger Parcel Per the provided survey, the subject property totals 22.2427 acres (968,868 SF) in size. The subject is irregular in shape and displays relatively level topography. Per the survey plat provided and included following this section, the whole property consists of five, un-platted tracts of land totaling 22.2427 acres. The 1.066-acre portion facing the Laguna Madre is non-contiguous from the primary 21.767 acres. Given the property's unity of ownership, unity of use as vacant land, similar physical attributes of the tracts (see Flood Zone section), and its contiguity/proximity, the "Larger Parcel" is determined to be the whole 22.2427-acre tract. Flood Zone According to the existing FEMA Flood Insurance Rate Map 485464 0169 C, dated July 18, 1985, approximately 95% of the property is in Zone V22, Velocity Hazard (Base Flood Elevation 12), an area of 100-year coastal flood with velocity (wave action), and +/- 5% of the property is in Zone B, an area within the 500-year flood plain and Zone A18, Flood Hazard. The proposed FEMA flood map 48355C0545G, bearing a preliminary date of October 23,2015,indicates that approximately 95%of the subject is located within Zone VE,Velocity Hazard (Base Flood Elevation 11) and Zone AE (BFE 8, BFE 9 and BFE 10), areas within the 1%annual chance of flood. Approximately 5%of the tract, the northern portion of the site, is within Zone X, an area within the 0.2%annual chance of flood. LPA 2021.04.139 PAGE 26 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND New development in the velocity hazard flood area must abide by specific provisions and guidelines enforced by the City of Corpus Christi to achieve approval. According to the Floodplain and Coastal Protection Manager, Kathleen Chapa, and the City of Corpus Christi's Velocity Hazard Flood Plain Requirements (Ordinance update April 16, 2021), all new construction must be located landward of the reach of mean high tide, the bottom of the lowest structure (cross member) must be elevated to one foot above the base flood elevation, and the pile or column foundation and structure attached to the foundation must be anchored to resist flotation, collapse, or lateral movement due to the effects of wind and water. It should be noted that 95% of the subject property exhibits a Zone V22 Base Flood Elevation (BFE) which ranges from 10-12 feet; therefore, construction on the entirety of the structure (excluding pilings)would have to be built up 11-13 feet to meet the requirements of Corpus Christi's city ordinance (Base Flood Elevation, plus 12 inches above BFE). Application for a development permit must be presented to the floodplain administrator with the following required information: The lowest floor elevation of all new and substantially improved structures, elevation in relation to mean level to which any non-residential structure shall be floodproofed, a certificate from a professional engineer or architect confirming the construction is in accordance with any and all provisions, and a description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of the proposed development. In addition to the height requirements, additional building requirement must be met in the V22 hazard zone, including, but not limited to: breakaway walls, elevated plumbing connections, flood vents and no backfill during construction. Approval or denial of a development permit by the floodplain administrator may be based on all the provisions as well as many other relevant factors. Given the development of properties within the velocity hazard flood area and the significant height buildup and construction requirements, it is reasonable to conclude that development within this area is only possible with significant additional land architectural and engineering to build up the improvements a total of 13 foot above surface level and an approved permit from the City of Corpus Christi. Frontage / Accessibility According to the provided survey,the subject has 1,069.80 feet of frontage along the southwest side of Hustlin Hornet Drive, 755.98 feet of frontage along the northwest side of Laguna Shores Road, and 308.11 feet of frontage along the southeast side of Debra Lane.Gadwell Street traverses the southern portion of the property in a general northwest/southeast direction but is not a paved street and does not extend to Laguna Shores Road.The subject possesses good exposure and access to Laguna Shores Road, a primary thoroughfare, and Hustlin Hornet Drive and Debra Lane, both of which are secondary traffic carriers in the area. LPA 2021.04.139 PAGE 27 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND Utilities Public water and sewer service are available to the subject, but only by extension and would be provided by the subject's municipality. According to real estate broker, Al Benavides, who is active in the Flour Bluff area, Haas-Anderson Construction, Ltd. is performing a water/sewer utility improvement project that will extend along Laguna Shores Road from Hustlin Hornets Drive to Caribbean Drive to the south. Mr. Benavides indicates the project is expected to be completed by February 2022. According to city officials, this is a developer driven project, and these utilities will be sufficient for development in the area. In addition, the city provides fire and police protection along with garbage pick-up. Electrical and natural gas are provided by the region's typical providers.At the present time, all utilities appear to be sufficient for area development patterns. Soils Although the load-bearing capacity of the subject soils are beyond the scope of this appraisal, according to the USDA's Natural Resources Conservation Service interactive soil survey map, the majority of the subject (64.5%) consists of Nueces Fine Sand. The balance of the tract is Tidal Flats, Occasionally Ponded (20.4%), Water (12.3%), and Galveston and Mustang Fine Sands, Occasionally Flooded (2.8%). "Occasional" means that ponding occurs, on average, more than once in 2 years. The chance of ponding is more than 50%in any year. Please refer to the map below. t k. t d �t �u LPA 2021.04.139 PAGE 28 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND LEGAL CHARACTERISTICS Zoning / Restrictions The majority of the subject property is zoned "RM-1", Multifamily 1 District, "IH", Heavy Industrial and "CR-1 Resort Commercial (Bayfront) District. The northeast property corner of the property is zoned IH, Heavy Industrial District. The purpose of the Multifamily (RM-1) District is to provide a variety of housing types at multifamily densities. Housing types may take the form of single-family detached, zero lot line, traditional semi-attached, two-family, townhouse or apartment units.These zoning districts are used in areas having convenient access to collector and arterial streets, and nearby civic and commercial uses, as well as employment opportunities. The Multifamily Districts are appropriate adjacent to nonresidential districts and only shall be developed in conventional subdivisions. Examples of permitted uses in this district include single-family detached houses, townhomes, apartments, cottage housing development, community homes, educational use facilities, and places of worship, among others. The purpose of the Resort Commercial District is to provide for a wide variety of commercial activity such as tourist,water-oriented,retail commercial and indoor or outdoor amusement uses which reflect the character of a resort area. Emphasis is placed on establishing scenic and/or pedestrian corridors, walking and bike paths, amenities, and public open spaces. Examples of permitted uses within this district include townhouses, multifamily dwellings, community services, medical facility uses, places of worship, commercial parking uses,office uses, bicycle or watercraft rentals,and auto rentals,among others.The purpose of the Heavy Industrial District is to provide for industrial operations for all types that may be noxious or offensive due to odors,smoke,dust,noise,fumes or vibrations.This zoning district is intended to serve the entire community and is not appropriate adjacent to a residential zoning district. Examples of permitted uses within this district include government facility uses, crematoriums, restaurant uses, retail sales and services, self-storages, warehouses,wholesale trade,and waste services,among others.Outlined below are the dimensional standards for the Multifamily Districts, Commercial Districts, and Industrial Districts. LPA 2021.04.139 PAGE 29 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND RM-AT Multifamily Districts RM-1 RM-2 RM-3 PI/MI'/North Beach 1.2 Fam 3+Fam (1-2 Fam) Max.Density(units/acre) 22 30 36 18 9 60 Min,Open Space(%site area) 35% 30% 30% 25% 25% 10% Min. Lot Area(sq.ft.) 6,000 6,000 6,000 5,000 10,000 10,000 Min. Lot Width(ft.) 50 50 50 50 85 85 Min.Yards(ft.) Street 20 20 20 20 20 20 Street(corner) 15 15 15 10 15 15 Side(1 fam&2 faro) 5 5 5 5 5 Side(3+fam) 101 101 102 102 Rear 101 101 102 5 5 102 Min. Building Separation(ft.) 10 10 10 10 Max.Height(ft.)and comply with 45 60 60 See Section 4.2.8.0.,4.2.8.D.,and 4.2.8.E. Section 4.2.8.C.,4.2.8.D.,and 4.2.8.E. Table 4.5.3 Residential D• Districts) COMMERCIAL DISTRICTS CN-1 CN-2 ON CR-1 CR-2 CR-3 CG-2 CI COD Max. Density(units/acre) 37 151 37 44 37 Min Lot Area(sq.ft.) 6,000 6,000 6,000 6,000 6,000 6,000 Min.Lot Width(ft.) 50 50 50 50 50 50 50 Min.Yards(ft.) Street(front) 20 20 20 20 20 102 20 ❑ 0 Street(corner) 15 15 1.5 15 15 15 15 0 0 Side(single) 10 03 10 10 10 0 10 03 0 Side(total) 20 03 20 20 20 0 20 o3 0 Rear 10 04 10 10 10 0 10 03 0 Side and Rear,adjacent to See S sction 4.2.8.0 residential use Min.Open Space 30% 25% 30% 25% 25% 30% Max Height ft. 35 365 45 Table 4.6.3 Nonresidential Use(industrial District) INDUSTRIAL DISTRICTS 1L IH Min Lot Area(sq.ft.) Min.Lot Width(ft.) Min.Yards(ft.) Street 20 20 Street(corner) 20 20 Side(single) 0 0 Side(total) 0 0 Rear 0 0 Side and rear, abutting res.district 40 40 Max Height(ft.) See Secti an 4.2.8.0 LPA 2021.04.139 PAGE 30 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND Easements / Encroachments The subject site is encumbered by typical utility easements to include the follow: • a 20' drainage easement and an adjacent 10' drainage easement which traverse the southern portion of the tract; and • a 10' utility easement extending along the southwest property boundary. Due to the general location of these easements, they are not considered detrimental toward development and/or the site's overall marketability. Reader is referred to the Survey to follow. No other detrimental easements and/or encroachments were noted upon physical inspection of the subject. It should be noted, however, that if an updated survey map, or a registered surveyor indicates that adverse easements exist, these factors might impact the market value and/or the marketability of the subject property. Therefore, it is assumed that no easements and/or encroachments exist, which would adversely affect the marketability or desirability of the site. CONCLUSION Given the physical and legal characteristics, the subject site is capable of being developed with a variety of speculative uses. LPA 2021.04.139 PAGE 31 •.1 KC pilot mar servlCes F." i ■ o . # ` � .,���„7NDme Perk p,• i ��� r e� � L.-1xi Apq p9ic.�M ��"• "� .� aIlr+r Park . ��.Flpu E91u f EBrI * �� f•.., i � iii p^ / a 14 1, 10if fluff , �?r'umary School- .w � ^R„k(in aid I rather C:h�r?crS �. �;.,� �' w...,k., r;": '^a•, ._ ., Junior High �ominp s PIZZ3 lil.`,.:!11•ILS:;1 'w$ -r l m r ene ft/J • r t• f'.'[ Jr1YWwa�7tCl'la y� ,. \ � ' ° Redhear „ Grove RV,B % r Y ' .4 ^. rry. 4'nnd Wilcf lli� r ...lie R,4ark - i hl Caas?Hemntlelln2* .,nti� • ,r t?rt�tokiile' .� � 1 .p IAI� ansport �"M r a +•fir" . ' "'� ..4 r a rlival,Genter rpus Christi r r, 5 ar ., '"� Apartment llame5 '40 4ill, ^„ i nforrnauon - •+ SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND TALC PARCEL MAP r SUBJECT 2330M YJ3Q4fl Y33678 YQOOP8Q5Y r 233377 t 2743M i 2F M23a SUBJECT 274MF - ...11396.:: 233109 •. 233111 3F.3544 tai dam .. +YtIQO%9875 y 27.3FQ Yxxn+ mora 2r.r+ �'.,i �Qt572•..., 3�' YQOfQ1•�3g � ♦� , �712Y 736tW Mtn 333,,8 23x13. .3eS114 . 1, 315a,8'•,� Z y�� 213121 Ml LPA 2021.04.139 PAGE 33 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND SURVEY 1����� � f: ��x A x- � sF,� �7i .gyms 3 3L:a�yf SS 7 Cr ° s£ " YFr µ j d :wqf' t e- t f r' rFyyi x VIA;l is °. r a Bar" x al sr _�! t i,ji; •�Yk7 PI r a�J 6 yy►►4 S Si. In r1 ,:'�! Yk 7 IT x' InC It •a i ^� rj ig L �FiyS4Y wm 1 r F iFY"' lrs= ! i f t � 6a fix'; �,w >• � us -4 I F_ if L K•L p7 J5,p� ros x ,rl c r LPA 2021.04.139 PAGE 34 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND . X134\V ``k221a-/2209' ZONING MAP -22246 2217 'b 22 2 2221` f 225a 2`22-' .2`226 22225 :2226 2225 `�0 22 2230 2234 `3� 2234 .2237` 2238 2242 R5-TF R: RE 2213 rh.," • . SUBJECT *0�f D1�- 27233 201 '\ 135 CR-1 ;1 23es Iri 2338 2401 2302 '25 )2 218 2337 214 241 - 233- SUBJECT 210 206 202 2496 ;�01 17 � X4091.07 2337 I__�v 213 201 2337 209" 0�` las 203 2 500 12 14 210; 205 2122 240q -.✓ 207 02 �7�"'�r♦jX .� \ Sf-, 209 2402 .� 35- 25 /1444 � �- '15 291 f 2445 213 2502 RM-1 C R-1 2512 2513 2501 2522 + N / w 11t 2515 2513 , LPA 2021.04.139 PAGE 35 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND UTILITIES MAP 10 2 7 s4 r1e 1 218 2217 1 1 17 ,2218 4y�.. 2110 i Q'� �..a 2225w2276... 2225_ a7 48 22 1141 // 2221 2217 2213 � SUBJECT 1219 322 •� 31@ � l � r ! '.. 2337 j2�`tI A 02 2337 2337 41.6 A I 2512 i 2 2518 2cd' % 2515 251 ' l� 2515 n. 2517 fA 2514 1'� 7 2541 �� sd � LPA 2021.04.139 PAGE 36 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND Prepared for Lowery Property Advisors,LLC Ime■r Flood byalamode corpus Ci , FLOOD .MAP r r SUBJECT Favrsrr4 Oy GonLogw>m WAP DATA MAP LEGEND FEMA Special Flood Hazard Area Yes � Areas inundated by 500-year flooding Protected Arras Map Number 48546403180 Zone_V22 El Areas inundated by 100-year flooding ® Floodway Map Date July 19. 1985 ❑ Velocity hazard Subject Area FIP& 48355 LPA 2021.04.139 PAGE 37 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND VELOCITY HAZARD & BASE FLOOD ELEVATIONS r Q Flood Hazard Area Effa ivc A18- BFE of 10 Feet A Al A„ f/ Al2 V22- BFE ofA13 .� 1F 12 Feet A14 A15 A16 A111 A19 A2 A20 / .. Ago A24 A3 �. A4 A5 A$ A9 W„ AE AH B / � C via ... V14 a, ,.•.I V15 V16 ,..,,a ,.,............. Vf 7 V18 V20 V21 V22 V23 Y1 V24 W* VE x xsa0 r [all other values LPA 2021.04.139 PAGE 38 PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND PROPERTY HISTORY Ownership of the subject property is currently vested in Tracy Duncan as evidenced by the Nueces County Executrix's Deed Document No. 2008053232 and has been under the same ownership since November 14, 2008. Tracy Duncan was the Independent Executrix of the Estate of William Edward Duncan. The subject has been under the same ownership for an excess of ten (10) years prior to the effective date of this report. Tracy Duncan acquired the property from the Estate of William Edward Duncan on November 14, 2008. This transaction was not an arm's length as it was Executrix's Deed between family members. The subject is not currently under contract or leased and there are no known offers as of the effective date of this report. No further history was uncovered. LPA 2021.04.139 PAGE 39 REAL ESTATE TAXES CORPUS CHRISTI•TEXAS VACANT LAND REAL ESTATE TAXES The subject property is located in Corpus Christi, Nueces County, Texas and is taxed based on values established by the county tax assessors.The tax rates are applied to the assessed value of the subject property, and the taxes for the subject property are then estimated.The taxes are estimated per$100 of assessed value. This property is subject to taxes for United Independent School District and Webb County. The subjects current tax assessment displays a market value of $159,327 or $6,818/Acre, which is considered favorable based on the opinion of market value herein. It is noted, the subject property identified by the tax accounts consists of 23.3699 acres; however, a small portion of Tax #233073 and Tax #233074 is not included in the provided survey and is not part of the subject whole property in this appraisal report. Current subject taxes are detailed as follows: PROPERTY TAX CALCULATION Account #'s: 233068, 233077, 233078, 543378, and a portion of 233073 and 233074 Authority Assessed Value Rate/$100 Tax Liability City $159,327 $0.6462640 $1,030 County $159,327 $0.7419070 $1,182 School $159,327 $1.0664000 $1,699 $1.6108400 $3,911 GM LPA 2021.04.139 PAGE 40 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE The US Supreme Court in 1934 defined highest and best use as the "highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future." Taken further, the Court explained that a property's highest and best use must be considered "not necessarily as the measure of value, but to the full extent that the prospect of demand for such use affects the market value while the property is privately held." Olson,292 U.S. at 255;cf. Kerr v.S.Park Comm'rs, 117(U.S.379,386) (1886). The four criteria the highest and best use must meet are: PHYSICALLY POSSIBLE LEGALLY PERMISSIBLE What uses of the site in question are What uses are permitted by zoning and physically possible? deed restrictions? FINANCIALLY FEASIBLE MAXIMALLY PRODUCTIVE Among the financially feasible uses that Which possible and permissible uses will are physically possible and legally produce a net return to the owner of the permissible, which use will produce the site? highest net return or the highest present worth? There are two types of highest and best use studies. The first is the highest and best use of the land or site as though vacant. The second is the highest and best use of the property as improved. The highest and best use of land or a site as though vacant assumes that the parcel is vacant or can be made vacant by demolishing any improvements. The question to be answered in this analysis is: If the land is, or were vacant, what use should be made of it? The highest and best use of a property as improved pertains to the use that should be made of an improved property in light of its improvements.Should it be maintained as it is, or be renovated, expanded, demolished, or partly demolished? Should it be replaced with a different type or intensity of use, or should it be held as an interim use? The improvements should be retained as long as they have some value and the return from the property exceeds the return that would be realized by a new use, after deducting the costs of demolishing the old building and constructing a new one. LPA 2021.04.139 PAGE 41 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE - AS IF VACANT Legally Permissible As mentioned previously,the subject property is in the City of Corpus Christi.The majority of the property is zoned "RM-1",Multifamily 1 District, "IH", Heavy Industrial,and "CR-1", Resort Commercial (Bayfront) District.Other than zoning, no private deed restrictions were uncovered during a normal investigation, which would further limit the potential uses of the subject site. Nonetheless, a title policy is strongly suggested in order to guarantee the absence of adverse restrictions. No other legal restrictions or covenants were found to be imposed on the subject property at the time of the appraisal, which would further restrict its development. The site's zoning requirements do not inherently limit potential uses, as a variety of multifamily, commercial resort and industrial uses are allowed in these zoning classifications. Physically Possible The subject is located at the southwest corner of Laguna Shores Road and Hustlin Hornet Drive and consists of 22.2427 acres (968,868 SF),with a small, non-contiguous portion of the property located on the southeast side of Laguna Shores Road, fronting the Laguna Madre. The subject is irregular in shape and displays relatively level topography.Approximately 95%of the property is in Zone V22, Velocity Hazard (BFE 12), an area of 100- year coastal flood with velocity (wave action), and +/- 5%of the property is in Zone B, an area within the 500- year flood plain and Zone A18, Flood Hazard. The proposed FEMA flood map indicates that approximately 95% of the subject is located within Zone VE, Velocity Hazard (BFE 11) and Zone AE (BFE 8, BFE 9 and BFE 10), areas within the I%annual chance of flood. Approximately 5%of the tract, the northern portion of the site, is within Zone X, an area within the 0.2%annual chance of flood. New development in the velocity hazard flood area must abide by specific provisions and guidelines enforced by the City of Corpus Christi to achieve approval. According to the Floodplain and Coastal Protection Manager, Kathleen Chapa, and the City of Corpus Christi's Velocity Hazard Flood Plain Requirements (ordinance update April 16, 2021, all new construction must be located landward of the reach of mean high tide, the bottom of the lowest structure (cross member) must be elevated to 12 inches above the base flood elevation, and the pile or column foundation and structure attached to the foundation must be anchored to resist flotation, collapse, or lateral movement due to the effects of wind and water. It should be noted that 95%of the subject property exhibits a Zone V22 Base Flood Elevation (BFE) which ranges from 10-12 feet; therefore, construction on the entirety of the structure (excluding pilings)would have to be built up 13 feet to meet the requirements of Corpus Christi's city ordinance (Base Flood Elevation, plus 12 inches above BFE). Given the development of properties within the velocity hazard flood area and the significant height buildup and construction requirements, it is reasonable to conclude that development within this area is possible only with significant architectural and engineering to build up the improvements a total of 13 foot above Base Flood Elevation and an approved permit from the City of Corpus Christi. LPA 2021.04.139 PAGE 42 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND In addition to the height requirements, additional building requirement must be met in the V22 hazard zone, including, but not limited to: breakaway walls, elevated plumbing connections, flood vents and no backfill during construction. The majority of the subject soil composition (64.5%) consists of Nueces Fine Sand. The balance of the tract is Tidal Flats, Occasionally Ponded (20.4%),Water(12.3%),and Galveston and Mustang Fine Sands, Occasionally Flooded (2.8%). While potential development is not precluded, structures of significant scale would likely be limited. Public water and sewer service are available to the subject by extension and are provided by the subject's municipality. The subject possesses adequate access to Laguna Shores Road, a primary thoroughfare,and to Hustlin Hornet Drive and Debra Lane, both of which are secondary traffic carriers.Access to the subject's neighborhood is considered average due to its location near area primary traffic carriers. The principle of conformity is an important consideration in determining the physically possible uses of a site. Conformity is the appraisal principle that holds that real property value is created and sustained when the characteristics of a property conform to the demands of its market. The styles and uses of the properties in an area may conform for several reasons, including economic pressures; the shared preferences of owners for certain types of structures,amenities,services;and the enforcement of uniform standards by zoning ordinances. The property has access to utilities, but only by extension. According to real estate broker, Al Benavides, Haas- Anderson Construction, Ltd. is performing a water/sewer utility improvement project that will extend along Laguna Shores Road from Hustlin Hornets Drive to Caribbean Drive to the south. Mr. Benavides indicates the project is expected to be completed by February 2022. According to city officials, this is a developer driven project, and these utilities will be sufficient for development in the area. Development at the subject site is not likely immediately feasible until the utilities are fully extended. Based on the subject's physical characteristics and the principle of conformity, the subject would most likely be interim recreational use (1-2 years) and future speculative development, subject to utility extension and significant land planning and engineering for improvement(s). LPA 2021.04.139 PAGE 43 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND Financially Feasible & Maximally Productive The prior consideration of physically possible uses and legally permissible does not significantly narrow the use of the subject property. The subject is surrounded by undeveloped vacant land to the north, east, and southwest and residential uses to the south,east and west.The Duncan Cemetery and Flour Bluff Intermediate School are located adjacent to west of the property and The Redhead Pond Wildlife Management Area is adjacent to the southwest. The property has access to utilities, but only by extension. Based on market data presented in this report, it appears that development at the subject site is not likely immediately feasible, until infrastructure investment is made to achieve and abide by the provisions of development in the flood hazard area and utilities are fully extended.After considering legal, physical and financial alternatives, it is our opinion that the highest and best use of the subject, as if vacant, is for interim recreational use (1-2 years) and some form of future speculative development, subject to utility extension and significant architectural and engineering to support improvement(s). The most probable user/buyer for the subject property is most likely an investor, speculator or developer. LPA 2021.04.139 PAGE 44 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND VALUATION The principles of real estate appraisal are basic to the sales comparison approach; however, one of the most important is the principle of substitution. "As applied to the sales comparison approach, the principle of substitution holds that the value of a property tends to be set by the price that would be paid to acquire a substitute property of similar utility and desirability." The sales comparison approach is a method of estimating market value whereby a subject property is compared with comparable properties that have sold recently. One premise of the sales comparison approach is that the market will determine a price for the property being appraised in the same manner that it determines the prices of comparable, competitive properties. Essentially, the sales comparison approach is a systematic procedure for carrying out comparative shopping. As applied to real estate, the comparison is applied to the unique characteristics of the economic good that cause real estate prices to vary. LPA 2021.04.139 PAGE 45 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPS (OVERVIEW) Asansa Mole,BaM SUBJECT COMP1 COMP COMP3 COMP N LPA 2021.04.139 PAGE 46 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPS (FOCUSED) WAS Corp" Ghrlso N.A.S. ".. � GuHW�1nd�GelStourar 4b S e e � 01 SUBJECT COMP 1 `.�...., p FL❑11 f7 BLUFF t� Rmlhead Pond wNtlpte Pea P Man /+°ea 6' Waldron ai F rdrf No I COMP 4 /I COMP w w a � 5 COMP ..r w s s .F LPA 2021.04.139 PAGE 47 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 1 f .a l`. 14 FLOOD ZONE X r T, . pr. Address/ 2002 Ramfield Road, Date of Sale Pending Location Corpus Christi, Texas Sale Price $1,150,000 Price Per Acre $31,944 PHYSICAL DATA Price Per SF $0.73 Size (acres) 36.000 Size (SF) 1,568,160 Grantor Urban James Zoning FR- Farm Rural Grantee Pending Shape Irregular Recording Pending Topography Generally level to gently rolling Confirmation Broker Utilities All Available, by extension The property is located at the northeast corner of Ramfield Road and Roscher Road.Approximately 25% of the property is located in Zone X, an area inside the 500-year flood plain. According to the broker, the property is under contract for slightly below but very close to the list of$1,175,000; thus,we have identified a sales price of $1,150,000. Public water and public sewer are available by extension. The broker indicated the property was purchased to develop a rural residential subdivision. Broker: Gene Guernsey (361)960-7653 1 LPA 2021.04.139 PAGE 48 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 2 Address/ 4121 Waldron Road, Date of Sale May 7, 2021 Location Corpus Christi, Texas Sale Price $950,000 Price Per Acre $17,159 PHYSICAL DATA Price Per SF $0.39 Size (acres) 55.363 Size (SF) 2,41 1,612 Grantor The Corpus Christi Riding Center, Inc. Zoning FR- Farm-Rural Grantee Lundquist Family Real Estate, LLC Shape Irregular Recording 2021023284 Topography Generally level to gently rolling Confirmation Broker Utilities All Available • The property is located on the southeast side of Waldron Road, southwest of Yorktown Boulevard. The property is located outside of the flood plain. Approximately 25% of the eastern portion of the property is in a designated wetlands area. The broker indicated the property sold for a discounted price due to the area within the designated wetlands. The property was purchased for rural residential and recreational purposes and to develop three residences, one for the parents and one for each of their kids. Broker: Roberta Bates (361)815-1720 LPA 2021.04.139 PAGE 49 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 3 Ir y I Address / 557 Yorktown Boulevard, Date of Sale March 25, 2021 Location Corpus Christi, Texas Sale Price $601,400 Price Per Acre $60,140 PHYSICAL DATA Price Per SF $1.38 Size (acres) 10.000 Size (SF) 435,600 Grantor Hui Fang Huang Su and Tsung-Chow Su Zoning RS-6-Single-Family 6 Grantee MV R Construction Company Shape Square Recording 2021014156 Topography Generally level Confirmation Broker Utilities All available, by extension • The property is located on the southwest side of Yorktown Boulevard,southeast of Waldron Road. The property is located entriely outside the flood plain. Public water and public sewer are available by extension. The property is surrounded by vacant land and rural residential uses. Broker: Beverly Dirks (361)244-0290 1 t LPA 2021.04.139 PAGE 50 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 4 FLOOD ZONE A LOCATION SALES DATA Address / 2323 Yorktown Boulevard, Date of Sale August 30, 2019 Location Corpus Christi, Texas Sale Price $340,000 Price Per Acre $34,729 PHYSICAL DATA Price Per SF $0.80 Size (acres) 9.79 Size (SF) 426,452 Grantor Charokee Michael Molina and Cheyenne Marie Belew, Trustees Zoning None Grantee The Mostaghasi Investment Trust Shape Generally rectangular Recording 2019037587 Topography Generally level to gently rolling Confirmation Broker Utilities Electric, Well The property is located on the southwest side of Yorktown Boulevard, across from Roscher Road. Oso Bay forms the south property line. The property is entriely located within the Zone A 13 flood hazard area which has some building requirements but is further away from wave action than the V 22 hazard area. The property is, however, within a Base Flood Elevation of 1 1 feet,which would require construction on pilings and the lowest cross member to be built 12 feet above the BFE. Source: Brion Hunsaker (361)815-8461 LPA 2021.04.139 PAGE 51 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND SALES SUMMARY The market data utilized for the basis of this analysis is considered the best available and indicative of current market trends for undeveloped land in the subject market area. Components that affect the sale price of improved land are numerous, but the most prominent are property rights conveyed, terms, conditions of sale, market conditions, size, location, physical features,zoning and public utility availability. Property Rights The adjustment for property rights conveyed recognizes that differences in legal interest or estate between the subject and the comparable properties may occur. In this analysis, all the sales occurred in fee simple title and therefore, no adjustments were made. Financing Terms The adjustment for cash equivalency takes into account the fact that the transaction price of the comparable property may not be equal to its cash equivalent price. All the sales utilized in this analysis were cash to seller transactions or transactions involving market financing, and no adjustment for cash equivalency was necessary. Conditions of Sale Adjustments for conditions of sale are intended to recognize motivations of the buyer and the seller that are unique to ordinary market conditions. All of the comparable market data utilized herein were arm's length transactions. With respect to this factor, no adjustments were warranted. Market Conditions The transactions occurred between August 2019 and May 2021,with Comparable 1 currently under contract. Each of the previous sales have been given consideration for the lapse of time between the date of sale and the effective date of this appraisal (market condition).The available market data was analyzed in an attempt to extract an adjustment for this factor. It should be noted that recent market conditions related to COVID-19 are having an impact on real estate values for certain property types. We have included some comparable sales that transacted either during or before the onset of the COVID-19 pandemic. The table below illustrates survey results provided by market participants across the region and their perspective on impacts of real estate values due to the pandemic. LPA 2021.04.139 PAGE 52 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COVID-19 MARKET SURVEY Date Surveyed Company Property Type %Impact on Values May 20,2020 Cobb Lundquist &Atnip Land 0.00% August 25,2020 Garron Dean&Associates Land 0.00% March 19,2021 Joe Adame&Associates Land 0.00% A pril 8,2021 Gulftex Properties Land 0.00% Average 0.0017. Three of the four sales occurred since the pandemic; however, the market participants interviewed indicated that land values have not been negatively impacted during the COVID-19 pandemic. In fact, some positive market appreciation is being realized since widespread access to vaccines are now available. Comparables 1 and 2 are considered current indicators of market conditions and no adjustment is warranted. Comparables 3 and 4 have been adjusted upward to reflect improving market conditions since their time of sale. Location Differences in value occur due to varying degrees of accessibility, exposure and surrounding development to a site. Access is often determined by corner locations, natural barriers, ease of entrance on and off of major thoroughfares, etc. Surrounding development also plays an important part of locational influences for a property. With respect to this factor, Comparables 1 -4 are considered similar to the subject as they are all located within close proximity to the subject (Four Bluff area); thus, no adjustments are warranted. Size Size is a factor that must be considered when comparing improved land sales.Typically, but not always, larger tracts sell for a lower unit value. Therefore, when making comparisons on a per unit basis, such as price per unit, the larger tracts tend to be adjusted upward and the smaller tracts tend to be adjusted downward to accurately reflect the differences. With respect to this factor, materially larger tracts of land were adjusted upward accordingly, and materially smaller tracts of land were adjusted downward accordingly. LPA 2021.04.139 PAGE 53 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND Physical Features The overall site characteristics of each sale have been compared to the subject site. These include traits such as drainage, site preparation expense, topography, and configuration. Approximately 95%of the property is in the Zone V22, Velocity Hazard (BFE 12 feet), an area of 100-year coastal flood with velocity (wave action), and +/- 5% of the property is in Zone B, an area inside the 500-year flood plain (BFE 10 feet). Conversations with area brokers and the Floodplain and Coastal Protection Manager, Kathleen Chapa, indicate that the Velocity Flood Hazard area has a significant impact on development potential. The City of Corpus Christi enforces strict provisions and guidelines to be met by the landowner for development approval in the velocity flood hazard area. The majority of the subject soil composition (64.5%) consists of Nueces Fine Sand. The balance of the tract is Tidal Flats, Occasionally Ponded (20.4%), Water (12.3%), and Galveston and Mustang Fine Sands, Occasionally Flooded (2.8%). While potential development is not precluded, structures of significant scale would likely be limited. With respect to this factor, Comparables 1 and 3 are adjusted downwards significantly for their lack of the flood plain and ponding. It should be noted, approximately 15% of Comparable 1 is located in Zone X (500-year flood plain), but this does not limit the development potential of the property. Comparable 2 is located outside of the flood plain, but the broker indicated the property sold for a discounted price due to approximately 25% of the eastern portion of the property being located in designated wetlands; thus, a lesser downward adjustment is applied to Comparable 2 than to Comparables 1 and 3. Comparable 4 is entirely located within a Base Flood Elevation of 1 1 feet, Zone A13. Construction in BFE 11 would require a minimum height of 12 feet above surface level; however, building requirements in Zone A13 are less stringent than in the V22, Velocity Hazard area. Although Comparable 4 is further away from the flood action, a lesser downward adjustment is applied to Comparable 4 relative to Comparables 1 and 3 as they lack these development requirements. Utilities The availability of public utilities such as water, electric power and sanitary sewer service have an impact on property values since the non-availability of such utilities could restrict the overall development and/or potential use of an individual site. Therefore, when analyzing improved land, it is important to determine whether or not public utilities are available. As previously mentioned, all utilities are available to the site, but only by extension. Development at the subject site is not likely immediately feasible until the utilities are fully extended, anticipated for February 2022. With respect to this factor, Comparable 2 is adjusted downward for its immediate access to public water and sewer. Comparable 4 is adjusted downward for its water well. Frontage / Accessibility Adjustments for frontage, visibility, and accessibility are recognized when making adjustments as properties with superior road frontage command a premium in price, compared to those with limited to no visibility and/or difficulty of accessibility. Comparables 1 - 4 are located along similar traffic carriers with similar frontage/accessibility; thus, no adjustments are applied. LPA 2021.04.139 PAGE 54 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND QUANTITATIVE VS. QUALITATIVE ADJUSTMENTS The two most common methods for adjusting comparable sales for differences in financial and physical characteristics relative to the subject property are through quantitative and/or qualitative adjustments. As described in Uniform Appraisal Standards for Federal Land Acquisitions, "Quantitative adjustment is appropriate when there are adequate market data to reliably quantify the effect of a sale characteristic in terms of a percentage or dollar amount." Differences in sales prices which can be adequately isolated and extracted from comparable sales, for which reliable numerical adjustments can be developed, are best reflected with quantitative adjustments. Conversely, where the market data does lend itself to support a quantitative adjustment, qualitative adjustments may be the most appropriate method. Qualitative analysis can be particularly useful in the appraisal of property with unique physical features, such as land use restrictions, environmental lands, and atypical easements or encumbrances. In the case of the subject property, the immediate area (Flour Bluff) and broader area (greater Corpus Christi) were researched and interviews were conducted with active market participants in search for the most comparable data. Approximately 95% of the subject is located within the V22, Velocity Hazard (BFE 12), an area of 100-year coastal flood velocity (wave action). Given the lack of adequate comparable market data (only Comparable 4 was 100%within Zone A 13, BFE 11), this analysis has utilized qualitative adjustments in the analysis of the subject property. A legend is presented below which summarizes the extent of the "+" (inferior) and "-" (superior) adjustments which were used in analysis of the subject property. QUALITATIVE ADJUSTMENTS Adjustment Explanation Relative to Subject +or- Slight or Minor difference + inferior -superior ++or-- Moderate difference +++ or--- Significant difference ++++or---- Major difference Similar LPA 2021.04.139 PAGE 55 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND CONCLUSION In the final analysis of the subject property, similar weight was given to all of the sales. The following is the adjustment table with the concluded opinion of value of the subject via the Sales Approach. SUBJECT 1 2 3 4 Date Current Pending May-21 Mar-21 Aug-19 Sale Price $1,150,000 $950,000 $601,400 $340,000 SIZE-Acre 22.2427 36.00 55.363 10.00 9.79 Unit Price ($/Acre) $31,944 $17,159 $60,140 $34,729 TRANSACTION ADJUSTMENTS Similar Similar Similar Similar Property Rights = _ _ _ $31,944 $17,159 $60,140 $34,729 Similar Similar Similar Similar Financing Terms Cash = _ _ _ $31,944 $17,159 $60,140 $34,729 Similar Similar Similar Similar Conditions of Sale Arm's Length = _ _ _ $31,944 $17,159 $60,140 $34,729 Pending May-21 Mar-21 Aug-19 Market Conditions Current Similar Similar Inferior Inferior PROPERTY ADJUSTMENTS LocationI Average I Similar Similar Similar Similar Size-Acre I 22 2427I 36.00 55.36 10.00 9.79 + + 95%Velocity Superior Superior Superior Superior Physical Features Hazard Flood Area; 5%Zone B Utilities I By Extension; I Similar Superior Similar Similar Electricity Fronatge/AccessibilityI Adequate I Similar Similar Similar Similar Total Adjustment --- --- ---- --- Range of Unadjusted Prices $31,944- $60,140 Unadjusted Mean$/Acre $36,000 A value significantly below the unadjusted mean is considered justified given the significant Velocity Flood Hazard aera present on the subject(95%);however, Concluded Unit $16,000 primary weight was placed on Comparables 1,2&4 for other similar physical Value characteristics and/or lesser net qualitative adjustments. Land Size (Acres) 22.2427 Value Indication $355,883 LPA 2021.04.139 PAGE 56 RECONCILIATION CORPUS CHRISTI•TEXAS VACANT LAND RECONCILIATION This appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) and the Uniform Standards of Professional Appraisal Practice (USPAP), led us to the opinion that the subject property has a market value of: VALUE CONCLUSIONS Status Interest Date Value As Is Fee Simple May 7,2021 $355,000 LPA 2021.04.139 PAGE 57 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANT LAND ASSUMPTIONS & LIMITING CONDITIONS "Report"signifies the appraisal or consulting report and its conclusions,to which these Assumptions and Limiting Conditions are annexed. "Property"signifies the subject of the Report. "LPA"means Lowery Property Advisors, LLC,or its subsidiary that issued the Report. "Appraiser(s)"means the employee(s) of LPA who prepared and signed the Report. The Report has been made subject to the following assumptions and limiting conditions: • Unless otherwise specifically noted in the body of the report,it is assumed that the title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value.LPA is not aware of any title defects nor has it been advised of any representations relative to the condition of the title. LPA has not reviewed any documents dealing with liens, encumbrances, easements, deed restrictions, clouds and other conditions that may affect the quality of the title. Insurance against financial loss resulting in claims that may arise out of defects in the subject's title should be sought from a reputable title company which specializes in real property. • Unless otherwise stated in this report,the existence of hazardous material,which may or may not be present on the property was not observed by the appraisers. LPA, however, is not qualified to detect such substances. The presence of substances such as antimony(lustrous gray metalloid),asbestos,urea formaldehyde foam insulation,contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would constitute a loss in value.No responsibility is assumed for any such conditions,or for any expertise or engineering knowledge required to discover them.The client is urged to retain an expert in this field, if desired. LPA has inspected as thoroughly as possible by observation. However,it was impossible to personally inspect conditions beneath the soil.Therefore,no representation is made as to these matters unless specially considered in the appraisal. • The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. • Responsible ownership and competent property management are assumed. • The information furnished by others is believed to be reliable. However, LPA gives no warranty for its accuracy. • LPA assumes that all engineering is correct.The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. • If provided, the estimated insurable value is included at the request of the client and has not been performed by a qualified insurance agent or risk management underwriter.The cost estimate should not be solely relied upon for insurable value purposes. The appraisers are not familiar with the definition of insurable value from the actual insurance provider, the local government underwriting regulations,or the types of insurance coverage available.LPA has followed traditional appraisal standards to develop a reasonable calculation based upon industry practices and industry accepted publications such as the Marshall Valuation Service handbook.Actual construction costs can vary greatly from this estimate.These factors can impact cost estimates and are beyond the scope of the intended use of this appraisal. The appraisers are not cost experts in cost estimating for insurance purposes. • LPA assumes that there are no hidden or unapparent conditions of the property,subsoil, or structures that render it more or less valuable.No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. • It is assumed that there is full compliance with all applicable federal,state and local environmental regulations and laws unless noncompliance is stated,defined,and considered in the Appraisal Report. • All applicable zoning and use regulations and restrictions are assumed to have been complied with,unless a nonconformity has been stated,defined,and considered in the Appraisal Report. • Required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization are assumed to have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. LPA 2021.04.139 PAGE 58 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANT LAND • The utilization of the land and improvements is assumed to be within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. • All information, comments and conclusions pertaining to subject and other properties described represent the opinion of the appraiser formed after a personal examination of each. • The appraiser has no interest, present or prospective,in the subject property. • Sketches in this report are included to assist the reader in visualizing the property. • LPA assumes that there are no hidden or unapparent conditions of the appraised property, which would render it more or less valuable. Furthermore, the appraisers assume that there are no potentially harmful asbestos or other materials and/or site contaminants in, on, or near soil, subsoil, or structure of the appraised property and that there has been no disposal, discharge, leakage, or spillage of pollutants or contaminant which would render it more or less valuable,whether or not these materials or contaminants are apparent or hidden and unapparent. • No responsibility is assumed by the appraisers for these conditions. In addition, no responsibility is assumed by LPA for the cost of engineering and/or laboratory studies which might be required to discover such materials or contaminants. And no such engineering or laboratory studies have been ordered for the appraised property. • Disclosure by the appraiser of the contents of this Appraisal Report is subject to review in accordance with the by-laws and regulations of The Appraisal Institute. • The distribution,if any,of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. • Possession of this report, or a copy thereof, does not carry with it the right of publication, unless prior arrangements have been made. • The appraiser, by reason of this appraisal,is not required to give further consultation,testimony,or be in attendance in court with reference to the property in question unless arrangements have been previously made. • Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news,sales, or other media without prior written consent and approval of the appraiser. • This appraisal was made in accordance with the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation and the Appraisal Institute. • Acceptance of and/or use of this report constitutes acceptance of all assumptions and limiting conditions stipulated. • The Americans with Disabilities Act ("ADA") became effective January 26, 1992. LPA has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property,together with a detailed analysis of the requirements of the ADA,could reveal that the property is not in compliance with one or more of the requirements of the Act.If so,this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. • Unless otherwise noted in the body of the report, it is assumed that there are no mineral deposits or subsurface rights of value involved in this appraisal,whether they are gas,liquid,or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this Appraisal Report. Unless otherwise stated, it is also assumed that there are no air or developments rights of value that may be transferred. • By use of this Appraisal Report, each party that uses this Report agrees to be bound by all of the Assumptions and Limiting Conditions,Hypothetical Conditions and Extraordinary Assumptions stated herein. LPA 2021.04.139 PAGE 59 CERTIFICATION CORPUS CHRISTI•TEXAS VACANT LAND CERTIFICATION We certify to the best of our knowledge and belief: • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and is our personal,impartial and unbiased professional analyses, opinions,and conclusions. • We have no present or prospective interest in the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. ■ Our engagement in this assignment was not contingent upon developing or reporting predetermined results. • We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. ■ The appraisal was developed and the appraisal report was prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions. ■ The appraisal was developed and the appraisal report prepared in conformance with the Appraisal Standards Board's Uniform Standards of Professional Appraisal Practice and complies with USPAP's Jurisdictional Exception Rule when invoked by Section 1.2.7.2 of the Uniform Appraisal Standards for Federal Land Acquisitions. • Our analyses,opinions,and conclusions were developed,and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, as well as the State of Texas. • Mario Caro, MAI, AI-GRS, SR/WA made a personal inspection of the property that is the subject of this report and was granted permission by Ms.Tracey Duncan,the property owner,to view the property unaccompanied.Anthony DiMare did not make a personal inspection of the subject property. • No one provided significant real property appraisal assistance to the person (s) signing this certification. ■ This appraisal assignment was not based upon a requested minimum valuation, a specific valuation, or the approval of a loan. • As of the date of this report, Mario Caro, MAI, AI-GRS, SR/WA has completed the continuing education program for Designated Members of the Appraisal Institute. Moreover, the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. ■ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ■ We have not provided any services, as an appraiser or in any other capacity regarding the property that is the subject of this report within a three-year period immediately preceding acceptance of this assignment. Subject Market Value as of May 7,2021: $355,000 MARIO CARO, MAI,AI-GRS, SR/WA ANTHONY DIMARE Certificate No.TX-1334889-G Certificate No.TX1381001-G LPA 2021.04.139 PAGE 60 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND ADDENDUM r! 1 LPA 2021.04.139 PAGE 61 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND Real Estate Appraisal Contract Project No. 18024A—Laguna Shores Rd.Caribbean to Hustlin' Hornet; 18025A—Mediterranean to Wyndale; 18026A—Graham to SPID This contract is between the City of Christi, Texas, a Texas home-rule municipal corporation ("City"), P. O. Box 9277, Corpus Christi, Texas 78469-9277 acting through its duly authorized City Manager or designee and Lowery Property Advisors, LLC, ("Appraiser") of 105 Decker Court, Suite 1000, Irving, Texas 75062 for the preparation of one Real Estate Appraisal report for real property acquisition purposes by the City in connection with Project No. 18024A— Laguna Shores Rd, Caribbean to Hustlin' Hornet; 18025A— Mediterranean to Wyndale; 18026A—Graham to SPID NOW THEREFORE, the City and the Appraiser agrees as follows: A. The Appraiser agrees to the following: (1) Submit a bound copy of the appraisal report to the City of Corpus Christi with Appraiser's invoice. The appraisal will contain a summary letter indicating the market value determined in the report. Include in the addendum all maps, photographs, market data and other pertinent data which affect the final market value. a. Prepare one complete, summary appraisal report in narrative format containing the market value (as defined in USPAP) for Fee Simple rights, excluding any oil, gas, and mineral interests, to the 22.243 acre of land described and shown on Exhibit A. In developing and reporting the appraisal, the appraiser must abide by the most current edition of the Uniform Standards of Professional Appraisal Practice (USPAP). The report must show all applicable approaches to value. (2) The Appraiser will submit appraisal reports to the City within 45 days after receipt of authorization to proceed {Notice to Proceed}. The City reserves the right to add, amend and revise the number of parcels, if necessary, at an additional fee agreed upon between the City and the Appraiser. (3) The Appraiser agrees to share information on comparable sales in the area in a cooperative manner with other appraisers appraising in the area for the City. (4) The Appraiser agrees to consult with the City Property and Land Acquisition Division Manager to discuss the appraisal prior to completion and shall submit the report to Property and Land Acquisition Division, P. O. Box 9277, (City Hall - 1201 Leopard Street, 3rd Floor), Corpus Christi, Texas 78469-9277 upon completion. (5) SCOPE OF WORK: See the Appraisers Fee proposal attached as Exhibit B for Scope of Work. It is further agreed that appraisal information concerning the property assigned for appraisal services, whether contained in or within the appraisal report to the City or not, is to be treated as confidential and a breach of such confidence by the Appraiser, except on written authorization by the City Manager or upon proper order of the Court, is a material breach of this contract. (6) If there are separately held interests in any parcel of real property to be acquired (such as easements, leaseholds, tenant-owned improvements, agricultural crops, life estates, etc.) the appraisal must include an apportionment of the total just compensation to each separately held Al LPA 2021.04.139 PAGE 62 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND interest to be acquired. Acquisition will not include oil, gas, or mineral rights. (7) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. (8) In the appraisal report, the Appraiser will include the Appraiser's technical qualifications, general appraisal experience, specific experience in appraising properties of the type involved in this project, the courts in which Appraiser has testified as an expert witness and any other information relating to professional qualifications. (9) In agreeing to the terms of this contract, the Appraiser hereby certifies that Appraiser does not have any interest (including that of real estate broker or agent). direct or indirect, present or prospective, in any parcels) described in this contract or any other interest, whether or not in connection with said parcel(s), which would conflict in any manner or degree with the performance of the services and submission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished hereunder, any person having any such interest, and until such parcels) is (are) acquired by the City or excluded from its project. The Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interest and will not, for their own account or for other than the City, negotiate for any of said parcel(s), perform services in connection with said parcel(s), or testify voluntarily as a witness in a condemnation or other proceeding with respect to such parcel(s). (10) The Appraiser shall not assign, transfer or delegate any of Appraiser's obligations or duties of this contract to any other person without prior written consent of the City Manager except for routine duties delegated to personnel of the Appraiser's staff. (11) INDEMNIFICATION Appraiser agrees to indemnify, save harmless and defend the City of Corpus Christi, its agents and employees against and hold it harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, due to activities of Appraiser, its agents or employees, including without limitation, any injury to any person, any death at any time resulting from such injury or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole negligence of the City of Corpus Christi, its agents or employees. B. Appraiser acknowledges that acquisition of the property shown in Exhibit A will be with funds provided through a grant from the Texas General Land office ("GLO") providing Gulf of Mexico Energy Security Act of 2006 ("GOMESA") funding made available to the State of Texas and awarded under the Texas Coastal Management Program ("CMP"), and therefore, Appraiser agrees to the terms and conditions in Exhibit C. C. The City agrees to provide the following to the Appraiser: (1) Furnish copies of any available survey data for the parcel. (2) Furnish copies of any available title reports for the parcel. (3) Provide information on comparables, if any, available to the City. (4) Other data as indicated in the appraiser's proposal letter (Exhibit B). A-1 LPA 2021.04.139 PAGE 63 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND D. Fee: In consideration of work to be performed by the Appraiser herein and in accordance with the appraiser's written proposal attached as Exhibit B, the City agrees to pay Appraiser the total sum of E. Payment: Payment for the appraisal report is to be made upon completion of the total assignment, submittal of invoice and correction of any errors. F. Termination: The City reserves the right to terminate this contract with or without cause at any time. Termination may include the entire contract or may include only selected parcels that the City desires to delete. In either case, the City agrees to pay Appraiser only for the work completed at the time of termination. CITY OF CORPUS CHRISTI LOWERY PROPERTY ADVISORS, LLC Digitally signed by Jeff Edmonds Dale:?6:.1 04..11 N.15723 0100: . :v.,CF 4/20/2021 Jeff H. Edmonds, P.E. (Date) Mario Caro, MAI. Ai-GRS. SR/WA (Date) Director of Engineering Services mario@towerypa.com APPROVED AS TO FORM: 2021,04.21 _ 08:15:47 -05'00' Legal Department (Date) FUNDING SOURCE: A-1 LPA 2021.04.139 PAGE 64 ADDENDUM CORPUS CHRISTI-TEXAS VACANT LAND =3;i ij -A !"h 0 wi,i" Aow LLJ ii � ' pit'i I ' .19 A ,m, it ;ail i Ile; vy r-rki LPA 2021.04.139 PAGE 65 u ru ADDENDUM CORPUS CHRISTI-TEXAS VACANT LAND ray Lu4t a©��x.11 1y1 P Tq )1,10%, Is 1J " , , a f . J def _i it his F Vill !!qh I its if. I i IT, ill rF N, ur JAI- 7 DO; �s JS.!" j,,) J. J s 1 !if 2 t11111ieaa i1g; I Nil "till, vi t111;ml.'n11W .iii .1 NJ 4i 151 1 It Ili J1 3 -1) 1jai-lilt ill v- 1 1�i ff, -it 4.1 ti 1 10 LPA 2021.04.139 PAGE 66 u ru ! ! ng Mal a } a� f 3m w l {Coastal Hold 5:iioii Breed R�seue P MARIO CARO, MAI, AI-ORS, SR/WA / r� EXPERIENCE Mario Caro hcs served as Managing director of LPA Son Antonio since 2016. LPA is a cc tial appraisal and consulting firm completing a wide targe of projects +' :.•.,. ,.;. c *",- •. .-irnwest. Property types include, but are not limited to office, retail, ,ily, mixed-use. self-storage, hotel / motet, corwash, vacant land, SAN ANTONIO subdivi :ins, and special use. 104 NE Loop 410 #1350 Mario began his appraisal career in 2001 with a regional appraisal company in Houston and specialized in right-of-way and eminent domain appraisal on public and private San Antonio,TX 78216 projects nationwide. In 2005, he returned to his hometown in Son Antonio and joined a boutique appraisal firm providing right-of-way and commercial valuation. After 10 direct 210.528.1491 years, he moved to the largest global real estate valuation firm and appraised high- maria(«}lowerypa.com profile commercial properties in addition to initializing their right-of-way practice. Mario has 20 years'experience appraising for litigation and legal support matters in both federal and state courts. clients, including public agencies, attorneys, title companies, and lende )::,-r •):v-de have relied on his expertise in an appraiser and review oppraisef cc:; :;-'t i,I•o has provided expert witness testimony and support on a variety of pi ., y :;.::: f..- public transportation,utility and recreational corridors, and drainage fcc:,`ies. PROFESSIONAL ASSOCIATIONS • Appraisal Institute • Intern,:,. -A-WayA--,ociotion • MAI and AI-G--'. d- • -.• First and Seco ;,-J 2'.7,2 3[ • er 2020-2021,SouW '_:e.as 2021", . utr, _ .upter -_ _•etary 2019-2020,So- -_ .,s • Trec5 :er r > . :.`r Texas r �Ctivities Chair 2012-2U 1., South • Secre7ary i_-i'exas Texc5 • Regio,;;. kes=: South Texas • Education Cf-,u,r=C:2J,South Texas • Board of Directors 2014-2017, South Texas Chapter • Alterno - regional Rep 2014-2019, Sv,_,' ,'-. :.. . - -`•ter • Cc,,J:L��*e Guidance Chair 2014- Present, 014-Present,South Texas Chapter LICENSES EDUCATION // moi. Certified General Texas General Appr.. BS-Texas A&M University-Agribusiness T'ALCB Real Estate Appraiser TX 1334889 G Coursework for MAI designation Louisiana General Appr. Appraiser: MARIO ANTONIO CARO G4402 Coursework for SR/WA designation License W TX 1334M G License Expires:GS/31/2023 Coursework for AI-GRS designation v•8 Gr y,'dad fa:sra:".rY evCe^[r oT the o.al [e!wins rpukW v!ne Teas APO•a ier�rcen y 1a1d Le.r°d',ca•.�an.Ac:,.OttoWdrt� f ode.CNP.-1101,autho•ta*—-y r—Cd to 041 this t,CY: C-4*d 43f c wear Estate.Ado 4-r rb.add,tw„ai�nrP.m,atwn b•to Ne a c01vtpeas:conaxs vMie6 <or...,,.,,... at www.takb te.ss pw.. LPA r� ANTHONY DIMARE HOUSTON OFFICE APPRAISAL l REAL ESTATE EXPERIENCE 920 Memorial Way November 2020 to Present;Senior Associate at Lowery Property Advisors Suite 425 September 2015 to November 2020: Certified Appraiser at Allen, Williford, &Seale, Inc. Houston,Texas 77024 Types of properties appraised include: eminent domain/condemnation, partial cell 281.799.3316 acquisitions, agricultural, commercial, industrial, and vacant land appraisals. ofc 713.338.2557 x 506 adimare:p'lowerypa.com EDUCATION BBA Supply Chain Management-Texas A&M University.2015 Successfully completed the following courses administered by the Appraisal Institute and McKissock Appraisal Education: • Basic Appraisal Principles • Basic Appraisal Procedures • Uniform Standards of Professional Appraisal Practice ■ Texas Supervisor-Trainee Course ■ Real Estate Finance,Statistics,and Valuation Modeling • General Appraiser Income Capitalization Approach-I • General Appraiser Income Capitalization Approach-II ■ General Appraiser Market Analysis and Highest and Best Use • General Appraiser Report Writing and Case Studies ■ General Appraiser Sales Comparison Approach ■ General Appraiser Site Valuation and Cost Approach ■ Commercial Appraisal Review ■ Expert Witness for Commercial Appraisers LICENSES Certified General Texas General Appraiser lPICB Real Estate Appraiser 1381001-G cYeefn R.e.ww'itlywq Y Appraiser Anthony William DilAare License a TX 1381001 G License Expires:06/30/2022 Having provided i.v,staclM evidence Of the quaKca1l0F S required by the"`rias App,aisrr licensing',ar�d Cer t.i f e:at io,Ail,OL t upations Cade.Chapter 1103,aUthprirali on is granted to Use this OVe Certified General Real[State Aporaiser C>Nea Bnhhal tr For edd'.Itldral rn•MnMron or to Ade a complaint pki[e contact TALCS cermm�aenrr at www.ldkh.isxas.yuv. UP LPA e n , n ' i 3 f r 1 e Phase I Environmental Site Assessment — Laguna Shores/Redhead Pond Site Corpus Christi, Nueces County, Texas December 2020 Prepared for City of Corpus Christi Hanson Professional Services Inc. Project No. 191-0247A02 Engineering Planning Allied Services HANSON Professional Statement and Signature Page Description of Subject Site: Laguna Shores/Redhead Pond Site Corpus Christi, Nucces County, Texas Environmental Professional Statement: "I declare that, to the best of my profe�ssinnal knowledgp nc1 be ief, I meet the definition of Environmental PFUfsssiorlal as d0ircd in 3121 U of 40 C:FP -312. 1 hjvu I' ie specific quakfications based on education, training, and exDerience to assess a property of the nature, history, and setting of the subject property. I have dev=l~p&d and perforn7r 1 V-,;_ all , h}^rip iatc inquiries in ccrfr:n7iance Vrith the starndwds �jnd prar'- is c ..t ru-`hi it =}J U 1; i':;r ;?'1' .' These inquiries are in :n:)t aed Fhase: I Envi:'onnnent,�l S to i;�sessr iert — Laguna S:�ores)'Radhcad Fond 4irr;. Corpus CrhriSti. Nueces ;;minty. "'' °*__i.,, " issued Dec,erriher 2,D20- Report Pr-parch For. J.M. Edmonds, P_F_ Director of Engineering Services 1201 Leopard Strr;c;t, 37d Floor Corpus Christi, Texas 78401 Depart Prepared By: Environmental Professional Tara Ducrest, C.F.M. 7 Signature IR/r/ ao [gate Phase I Environmental Site Assessment `�L%I-IANSON Laguna Shores/Redhead Pond Site Table of Contents ExecutiveSummary...........................................................................................................................1 1. Introduction................................................................................................................................3 1.1. Purpose................................................................................................................................3 1.2. Special Terms and Conditions..............................................................................................3 1.3. General Limitations ..............................................................................................................3 1.4. Information Sources .............................................................................................................3 1.5. Qualifications Statement.......................................................................................................4 2. Property Description..................................................................................................................5 2.1. Location ...............................................................................................................................5 2.2. Legal Description..................................................................................................................5 2.3. Property and Vicinity Characteristics ....................................................................................5 2.4. Easements and Right of Ways .............................................................................................6 2.5. Title Review..........................................................................................................................6 2.6. Current Uses of Subject Property.........................................................................................6 2.7. Past Uses of Subject Property..............................................................................................6 2.8. Current Uses of Adjacent and Surrounding Properties .........................................................6 2.9. Past Uses of Adjacent and Surrounding Properties..............................................................6 3. Record Review ...........................................................................................................................7 3.1. General ................................................................................................................................7 3.2. Regulatory Database Search................................................................................................7 3.3. Historical Aerial Photographs .............................................................................................10 3.4. Historical Topographic Maps..............................................................................................13 3.5. City Directories...................................................................................................................13 3.6. Fire Insurance Map Records ..............................................................................................13 3.7. Environmental Liens...........................................................................................................13 3.8. Oil and Gas Exploration Records .......................................................................................13 3.9. Water Well Records ...........................................................................................................14 4. Property Reconnaissance.......................................................................................................15 4.1. General ..............................................................................................................................15 4.2. Observations......................................................................................................................15 4.3. Pits, Ponds, and Lagoons...................................................................................................15 4.4. Stained Soils ......................................................................................................................15 4.5. Stressed Vegetation...........................................................................................................15 4.6. Possible Presence of Polychlorinated Biphenyls (PCBs).................................................... 15 4.7. Solid Waste Disposal..........................................................................................................16 4.8. Identification of Contaminant Migration Paths..................................................................... 16 4.9. Wastewater........................................................................................................................16 4.10. Other Issues...................................................................................................................16 5. Interviews .................................................................................................................................17 6. Conclusion ...............................................................................................................................18 \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site Exhibits Exhibit A — Physical Setting Report Exhibit B — Radius Report Exhibit C — Historical Aerial Photographs Exhibit D — Historical Topographic Maps Exhibit E — City Directory Reports Exhibit F — Fire Insurance Map Report Exhibit G — Environmental Lien Search Exhibit H — Oil and Gas Report and Records Exhibit I — Water Well Report Exhibit J — Site Visit Photo Log Tables and Figures List of Tables Table 1-1 — Information Sources............................................................................................................4 Table 2-1 —Current Uses of Surrounding Properties ............................................................................. 6 Table 2-2 — Past Uses of Surrounding Properties.................................................................................. 6 Table 3-1 — Minimum ASTM Search Distances...................................................................................... 7 Table3-2 — Data Searched ............................................................................................ 8 Table 3-3 — Database Information Summary........................................................................................ 10 List of Figures Figure 1 —Subject Property Location Map Figure 2 —Subject Property Detail Map Copyright ©2020 by Hanson Professional Services Inc. All rights reserved. This document is intended solely for the individual or the entity to which it is addressed. The information contained in this document shall not be duplicated, stored electronically, or distributed, in whole or in part, by anyone other than the recipient without the express written permission of Hanson Professional Services Inc., 1525 S. Sixth St., Springfield, IL 62703, (217) 788-2450, www.hanson-inc.com. Unauthorized reproduction or transmission of any part of this document is a violation of federal law. Any concepts, designs and project approaches contained herein are considered proprietary. Any use of these concepts and approaches by others is considered a violation of copyright law. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi Phase I Environmental Site Assessment `�L%I-IANSON Laguna Shores/Redhead Pond Site Executive Summary Hanson Professional Services Inc. (Hanson) conducted a Phase I Environmental Site Assessment (ESA) of 24.878 acres located to the southwest of the intersection of Laguna Shores Road and Hustlin' Hornet Drive in Corpus Christi, Nueces County, Texas. The ESA was performed in general accordance with the requirements for the American Society for Testing Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, Designation E1527-13. The subject property consists of eight tracts of land in the Flour Bluff neighborhood of Corpus Christi, Texas. The subject property is undeveloped land and water (ponds and Laguna Madre). No structures or improvements were observed on the subject property, other than fencing and bollards. To the north of the subject property, Hustlin' Hornet Drive and undeveloped land with a pond are present. To the east, reconstruction of Laguna Shores Road is occurring and single family homes and the Laguna Madre are present. To the south, the Redhead Pond Wildlife Management Area, single family homes, Coastal Bend Small Breed Rescue, and the Laguna Shores Pet Salon are present. To the west, Duncan Cemetery, Debra Lane, single family homes, and Flour Bluff Junior High School are present. Information pertaining to potential environmental liabilities resulting from the treating, storing, disposing, discharging, or emitting of hazardous and/or regulated substances was obtained by Hanson through GeoSearch. GeoSearch's search of available government records did not identify the subject property in any databases. Four sites were identified within the search radius beyond the subject property. One of the identified sites, a closed unauthorized landfill, is considered to be a Recognized Environmental Condition (REC). GeoSearch's Oil and Gas Report identified one oil well on the subject property and eleven additional oil or gas wells within 0.5 miles of the subject property. Railroad Commission of Texas (RRC) records indicate that the well on the subject property was an oil well drilled in 1940 to a depth of 7,075 feet and was plugged in 1976. The casing was cut off five feet below ground and capped. Records showed that casinghead gas from the well was processed through the Flour Bluff Gas Plant (located approximately one mile north of subject property). Historical aerial and topographic maps from the 1950s through the 1970s show several aboveground storage tanks near the oil well on the subject property. RRC records indicate that no pipelines cross the subject property. Several abandoned natural gas gathering pipelines are present to the north of the east tract of the subject property. Findings Our review of site information and a property inspection revealed the following Recognized Environmental Conditions (RECs) in connection with the subject property: On-Site RECs: ■ Possible Presence of Contamination from Past Oil and Gas Exploration —One oil well is documented as being drilled on the northeast portion of the subject property in 1940 and plugged in 1976. In the past, at least 12 aboveground storage tanks and two pits appear to have been located in the northeast portion of the subject property. While no visible signs of contamination were observed during the site visit, activities related to historical oil and gas exploration may have caused contamination on the subject property. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 1 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site Off-Site RECs: ■ Possible Presence of Contamination from Unauthorized Landfill—An unauthorized closed landfill is documented as being present approximately 800 feet southwest of the subject property. The landfill was identified as accepting household and construction demolition debris. The landfill was used for an unknown length of time and was closed in 1979. Use of nearby land as an unauthorized landfill may have caused contamination on the subject property. Recommendations Due to the Recognized Environmental Conditions associated with the subject property, a Phase II Environmental Site Assessment is recommended. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 2 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 1. Introduction Hanson Professional Services Inc. conducted a Phase I Environmental Site Assessment (ESA) on a 24.878 acre site located to the southwest of the intersection of Laguna Shores Road and Hustlin' Hornet Drive in Corpus Christi, Nueces County, Texas. The ESA was conducted for the City of Corpus Christi. 1.1. Purpose The ESA was performed in general conformance with the requirements of the American Society for Testing Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, Designation E1527-13 unless specifically noted in the report. This Standard Practice was developed to address the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in order to qualify for the innocent landowner's defense to CERCLA liability. The purpose of this ESA was to assist the client in developing information to identify Recognized Environmental Conditions (RECs) in connection with the site as reflected by the scope of this report. This purpose was undertaken through user-provided information, a regulatory database review, historical and physical records review, and a visual non-invasive reconnaissance of the subject property and adjoining properties. 1.2. Special Terms and Conditions Hanson has performed this ESA for the City of Corpus Christi for the above stated purpose. This study may not contain sufficient information for other purposes or entities. Reference is made in this ESA to public records provided by an information source. No warranty, expressed or implied, is made as to the accuracy of those public records or the accuracy of the information source providing the public records. 1.3. General Limitations The assessment of subsurface conditions at the subject property was beyond the scope of services for this ESA. This report does not constitute a property condition assessment since it was prepared principally to address environmental issues. It does not constitute an asbestos inspection, lead based paint survey, mold inspection, or other specific type of environmental assessment tied directly to a specific local, state, or federal environmental regulatory program. A chain of title search and interview were not performed for this Phase I Environmental Site Assessment. 1.4. Information Sources The information pertaining to this ESA was obtained from the following sources: \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 3 Phase I Environmental Site Assessment `�L%I-IANSON Laguna Shores/Redhead Pond Site Table 1-1— Information Sources 1. Company Name: Nueces County Appraisal District Web Site Address: http://www.ncadistrict.com Telephone Number: (361) 881-9978 Information Obtained: Legal description 2. Contact Name: Scott Davis Title: Account Representative Company Name: GeoSearch Web Site Address: http://www.geo-search.com/ Telephone Number: (888) 396-0042 Information Obtained: Aerial Photos, Historical Topographic Maps, City Directory Report, Fire Insurance Map Report, Radius Map Report, & Environmental Lien Search 3. Company Name: Railroad Commission of Texas Web Site Address: http://gis2.rrc.state.tx.us/public/startit.htm Telephone Number: (361) 242-3113 Information Obtained: Oil and gas exploration and pipeline records 4. Company Name: Federal Emergency Management Agency Web Site Address: https:Hmsc.fema.gov/portal Telephone Number: (877) 336-2627 Information Obtained: Floodplain map 5. Company Name: United States Department of Agriculture Web Site Address: Websoilsurvey.sc.egov.usda.gov/App/HomePage.htm Telephone Number: (254) 742-9857 Information Obtained: Soil information 6. Company Name: Texas Commission on Environmental Quality Web Site Address: http://www15.tceq.texas.gov Telephone Number: (512) 239-1000 Information Obtained: Central Registry information 7. Company Name: City of Corpus Christi Web Site Address: https:Hcorpus.maps.arcgis.com/apps/webappviewer/index.html Information Obtained: Utility location information 1.5. Qualifications Statement Ms. Tara Ducrest, C.F.M., Environmental Scientist for Hanson, received a B.S. in Environmental Science with concentration in Chemistry in 2006 from Texas A&M University— Corpus Christi and a M.P.A. with an emphasis in Environmental Science in 2009 from Texas A&M University—Corpus Christi. Ms. Ducrest has performed numerous environmental site assessments on industrial, commercial, residential, and undeveloped properties. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 4 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 2. Property Description 2.1. Location The subject property is located southwest of the intersection of Hustlin' Hornet Drive and Laguna Shores Road in Corpus Christi, Nueces County, Texas. The center of the subject property lies at approximately 27.6428970 north latitude and 97.2866820 west longitude. The Subject Property Location Map and Subject Property Detail Map are provided as Figures 1 and 2. 2.2. Legal Description Based on information from Nueces County Appraisal District, the subject property consists of eight tracts of land. The legal descriptions are listed below: Tract Property Legal Description Number ID 1 233074 Flour Bluff& Enc Frm Gdn Tract 15.909 Acs out of Lts 19 20 21 &24 Sec 54 2 543377 Flour Bluff& Enc Frm Gdn Tract .508 Ac out of Lt 24 Sec 54 3 233091 Flour Bluff& Enc Frm Gdn Tract 1 Ac out of Lt 20 Sec 54 4 233077 Flour Bluff& Enc Frm Gdn Tract .50 Ac out of Lt 20 Sec 54 5 233078 Flour Bluff& Enc Frm Gdn Tract .75 Ac out of Lt 20 Sec 54 6 233068 Flour Bluff& Enc Frm Gdn Tract 3.72 Acs out of Lt 19 Sec 54 7 233073 Flour Bluff& Enc Frm Gdn Tract 2.044 Acs out of Lts 20 &21 Sec 54 8 543378 Flour Bluff& Enc Frm Gdn Tract .447 Ac out of Lt 19 Sec 54 2.3. Property and Vicinity Characteristics Physical feature information pertaining to the subject property was provided by GeoSearch. Maps depicting floodplains, wetlands, soil types, and geological information are included in the Physical Settings Report in Exhibit A. The elevation of the subject property varies from sea level to approximately 11 feet above sea level, with sloping towards the ponds on the subject property. Federal Emergency Management Agency (FEMA) flood data was reviewed and it was determined that the majority of the subject property is currently located in Zone V22, areas of 100-year coastal flood with velocity (wave action), with a base flood elevation of 12 feet. The northwest portion of the subject property is located in Zone A18, areas of 100-year flood with a base flood elevation of 10 feet. National Wetlands Inventory (NWI) data shows one estuarine and marine deepwater wetland habitat and one freshwater pond habitat on the subject property. Soils of the subject property consist of Galveston and Mustang fine sands (occasionally flooded), Nueces fine sand, and tidal flats (occasionally ponded). The geologic information for the subject property lists the rock stratigraphic unit under geology symbol Qbb. Qbb geology symbol represents barrier island deposits. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 5 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 2.4. Easements and Right of Ways Electric distribution lines are present along the eastern boundary of the north tracts of the subject property. A storm drain inlet is present near the northwest corner of the north tract. The City of Corpus Christi GIS Viewer shows wastewater mains running along the eastern boundary of the north tracts and the western boundary of the south tract of the subject property. Two boxes associated with buried communication cables was observed along the northern subject property boundary. 2.5. Title Review A chain of title search was not performed for this property. 2.6. Current Uses of Subject Property The subject property is currently undeveloped land. 2.7. Past Uses of Subject Property The subject property appears to have been undeveloped land except for the northeast portion which appears to have been used for oil and gas exploration. One oil well and at least 12 aboveground storage tanks appear to have been present on the subject property from the 1950s through 1970s. 2.8. Current Uses of Adjacent and Surrounding Properties The following table lists the current uses of the adjacent and surrounding properties: Table 2-1 — Current Uses of Surrounding Properties North East South West Hustlin' Hornet Laguna Shores Road, Redhead Pond Wildlife Cemetery, Debra Lane, Drive and single family homes, Management Area, animal Flour Bluff Junior High undeveloped land undeveloped land, and rescue shelter, pet salon, School, and single with a pond Laguna Madre and single family homes family homes 2.9. Past Uses of Adjacent and Surrounding Properties The following table lists the past uses of the adjacent and surrounding properties determined by review of available historical aerial photographs, fire insurance maps, and city directories: Table 2-2— Past Uses of Surrounding Properties North East South West Hustlin' Hornet Laguna Shores Road, Undeveloped land with a Cemetery, Debra Lane, Drive, undeveloped single family homes, pond, animal rescue Flour Bluff Junior High land with a pond, undeveloped land, oil shelter, pet salon, and School, and single and oil and gas and gas exploration, exploration and Laguna Madre single family homes family homes \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 6 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 3. Record Review 3.1. General Public and private entities are required to comply with applicable federal and state environmental regulations. The primary regulations, which are pertinent to this assessment, are the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Reasonably obtainable agency records were reviewed in order to determine facilities, which might present a potential to release hazardous substances, or petroleum products, which may affect the subject property. 3.2. Regulatory Database Search Information pertaining to potential environmental concerns resulting from the treating, storing, disposing, discharging, or emitting of hazardous and/or regulated substances was obtained by Hanson Professional Services Inc., through GeoSearch. This information was prepared to meet the appropriate search distances designated in ASTM E 1527-13, Section 8.2.1 from the approximate boundary of the subject property. The following table identifies the ASTM appropriate minimum search distances. Table 3-1 — Minimum ASTM Search Distances Standard Environmental ASTM Minimum Search Distances Record Sources (Miles) Federal NPL Site List 1.0 _ Federal Delisted NPL Site List 0.5 Federal CERCLIS List 0.5 Federal CERCLIS NFRAP Site List 0.5 Federal RCRA CORRACTS Facilities List 1.0 Federal RCRA non-CORRACTS TSD Facilities List 0.5 Federal RCRA Generators List Property and Adjoining Properties Only Federal Institutional Control/Engineering Control Registries Property and Adjoining Properties Only Federal ERNS List Property Only State/Tribal Equivalent NPL 1.0 State/Tribal Equivalent CERCLIS 0.5 State/Tribal Landfill and/or Solid Waste Disposal Site Lists 0.5 State/Tribal Leaking Storage Tank Lists 0.5 State/Tribal Registered Storage Tank Lists Property and Adjoining Properties Only State and Tribal Institutional Control/Engineering Control Registries Property and Adjoining Properties Only State/Tribal Voluntary Cleanup Sites 0.5 State/Tribal Brownfield Sites 0.5 GeoSearch provided information available through the following federal, state, local, tribal, and proprietary databases. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 7 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site Table 3-2— Databases/Records Searched Federal Listings Acronym Database AIRSAFS Aerometric Information Retrieval System /Air Facility Subsystem BRS Biennial Reporting System CDL Clandestine Drug Laboratory Locations DOCKETS EPA Docket Data EC Federal Engineering Institutional Control Sites ERNSTX Emergency Response Notification System FRSTX Facility Registry System HMIRSR06 Hazardous Materials Incident Reporting System ICIS Integrated Compliance Information System (Formerly Dockets) ICISNPDES Integrated Compliance Information System National Pollutant Discharge Elimination System _ LUCIS Land Use Control Information System MLTS Material Licensing Tracking System NPDESR06 National Pollutant Discharge Elimination System PADS PCB Activity Database System PCSR06 Permit Compliance System RCRASC RCRA Sites With Controls SFLIENS CERCLIS Liens SSTS Section Seven Tracking System TRI Toxics Release Inventory TSCA Toxic Substance Control Act Inventory NLRRCRAG No Longer Regulated RCRA Generator Facilities RCRAGR06 Resource Conservation & Recovery Act- Generator Facilities RCRANGR06 Resource Conservation & Recovery Act- Nongenerator Facilities HISTPST Historical Gas Stations BF Brownfields Management System CERCLIS Comprehensive Environmental Response, Compensation & Liability Information System DNPL Delisted National Priorities List NFRAP No Further Remedial Action Planned Sites NLRRCRAT No Longer Regulated RCRA Non-CORRACTS TSD Facilities ODI Open Dump Inventory RCRAT Resource Conservation & Recovery Act- Treatment, Storage & Disnnsal Facilities DOD Department of Defense Sites FUDS Formerly Used Defense Sites NLRRCRAC No Longer Regulated RCRA Corrective Action Facilities NPL National Priorities List PNPL Proposed National Priorities List \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 8 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site RCRAC Resource Conservation & Recovery Act- Corrective Action Facilities RCRASUBC Resource Conservation & Recovery Act- Subject To Corrective Action Facilities RODS Record of Decision System State (TX) Listings GWCC Groundwater Contamination Cases HISTGWCC Historic Groundwater Contamination Cases _ LIENS TCEQ Liens MSD Municipal Setting Designations NOV Notice of Violations SIEC01 State Institutional/Engineering Control Sites SPILLS Spills Listing TIERII Tier II Chemical Reporting Program Facilities DCR Dry Cleaner Registration Database IHW Industrial And Hazardous Waste Sites PIHW Permitted Industrial Hazardous Waste Sites PST Petroleum Storage Tanks APAR Affected Property Assessment Reports BSA Brownfields Site Assessments CALF Closed &Abandoned Landfill Inventory DCRPS Dry Cleaner Remediation Program Sites IOP Innocent Owner/ Operator Database LPST Leaking Petroleum Storage Tanks MSWLF Municipal Solid Waste Landfill Sites RRCVCP Railroad Commission VCP And Brownfield Sites RWS Radioactive Waste Sites VCP Voluntary Cleanup Program Sites WMRF Recycling Facilities IHWCA Industrial And Hazardous Waste Corrective Action Sites SF State Superfund Sites Tribal Listings USTR06 Underground Storage Tanks On Tribal Lands LUSTR06 Leaking Underground Storage Tanks On Tribal Lands ODINDIAN Open Dump Inventory On Tribal Lands INDIANRES Indian Reservations GeoSearch's regulatory database report is provided in Exhibit B. GeoSearch's search of available government records did not identify the subject property in any databases. Four sites were identified within the search radius beyond the subject property. Proximity and findings are summarized in the table below. The status of the identified sites in relation to the subject property as Recognized Environmental Conditions (RECs) is also shown. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 9 Phase I Environmental Site Assessment `�L%I-IANSON Laguna Shores/Redhead Pond Site Table 3-3— Database Information Summary Site Name and Address Location Database Findings REC Status Site was identified as being identified Laguna Shores Road in the TCEQ Central Registry. The Not a REC— Rehabilitation 0.006 Central Registry identified the site as proximity to 5000' South to Intersection miles E FRSTX having expired construction site and of Laguna Shores Road, stormwater discharge permits physical Corpus Christi, TX 78418 associated with the road rehabilitation setting project. Site was identified as being an unauthorized landfill that accepted household and construction demolition O'Donovitch 0.149 debris. The landfill closed in 1979. 200 Block of Glen Oak St. miles CALF Records from the Coastal Bend REC in Flour Bluff, TX WSW Council of Governments concur that the site was an unpermitted landfill that was mostly used for construction debris and was in use for an unknown amount of time until September 1979. NGP Radio Range Not a REC— Northwest of intersection 0.215 Site is identified as a formerly used proximity to of Laguna Shores Road miles FUDS defense site that had been used as a site and and Glenoak Drive, SSW radio range. physical Corpus Christi, TX setting ALF Waldron Not a REC— 0.849 proximity to Southwest of intersection miles DOD Site is identified as a Navy property site and of Waldron Road and WSW owned by the Department of Defense. Caribbean Drive physical setting 3.3. Historical Aerial Photographs Historical aerial photographs of the subject property from GeoSearch can be found in Exhibit C. 3.3.1. Aerial Photograph— 1938 (1" = 500'±) In the aerial photo from 1938, the subject property appears to be undeveloped land, with a water body that appears to be connected to the Laguna Madre to the east. There appears to be trails crossing the subject property. Surrounding land appears to be undeveloped. The water body on the subject property continues onto the property to the north. To the east, Laguna Madre can be seen. To the south, Redhead Pond and undeveloped land can be seen. To the west, undeveloped land is present. 3.3.2. Aerial Photograph— 1956 (1" = 500'±) In the aerial photo from 1956, the subject property is still undeveloped. Roads can be seen on the west and south portions of the subject property. In the northeast portion of the subject property, there \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 10 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site <0, ! appear to be 12 aboveground storage tanks and two oval shaped pits. The tanks and pits coincide with the known location of an oil well. To the north of the subject property, the pond, at least three aboveground storage tanks, and two pits can be seen. To the east, undeveloped land and Laguna Madre can be seen. To the south, single family homes, Redhead Pond, and undeveloped land can be seen. To the west, undeveloped land, a single family home, and what appears to be a pit associated with an oil well can be seen. 3.3.3. Aerial Photograph— 1961 (1" = 500'±) In the aerial photo from 1961, the subject property is still undeveloped land. The roads, aboveground storage tanks, and pits on the subject property can still be seen. To the north of the subject property, the pond, aboveground storage tanks, and pits can still be seen. To the east, undeveloped land, single family homes, and Laguna Madre can be seen. To the south, single family homes, Redhead Pond, and undeveloped land can be seen. To the west, undeveloped land, single family homes, and the pit can be seen. 3.3.4. Aerial Photograph— 1967 (1" = 500'±) In the aerial photo from 1967, the subject property appears similar to the previous photo. To the west, the pit is no longer visible and a new neighborhood of single family homes can be seen. 3.3.5. Aerial Photograph— 1975 (1" = 500'±) In the aerial photo from 1975, the subject property is still undeveloped land. There now appears to only be one aboveground storage tank and no pits in the northeast portion of the subject property. To the north, the aboveground storage tanks are no longer distinguishable. The pits are still present. To the east, undeveloped land, more single family homes, and the Laguna Madre are visible. To the south, single family homes, Redhead Pond, and undeveloped land can be seen. To the west, undeveloped land and the single family homes can be seen. 3.3.6. Aerial Photograph— 1979 (1" = 500'±) In the aerial photo from 1979, the subject property is still undeveloped land. The one aboveground storage tank can still be seen in the northeast portion of the subject property. To the north, the pits are no longer visible. To the east, undeveloped land, single family homes, and the Laguna Madre are visible. To the south, single family homes, Redhead Pond, and undeveloped land can be seen. To the west, undeveloped land and the single family homes can be seen. 3.3.7. Aerial Photograph— 1985 (1" = 500'±) In the aerial photo from 1985, the subject property is still undeveloped land. The remaining aboveground storage tank can no longer be distinguished. To the north, Hustlin' Hornet Drive can be seen. To the west, Flour Bluff Junior High School can be seen. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 11 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 3.3.8. Aerial Photograph- 1990 (1" = 500'±) In the aerial photo from 1990, the subject property is still undeveloped land. Surrounding land appears similar to the previous photo. 3.3.9. Aerial Photograph— 1995 (1" = 500'±) In the aerial photo from 1995, the subject property is still undeveloped land. The northeast portion of the subject property appears to have been cleared. Headstones at the Duncan Cemetery are visible. Surrounding land appears similar to the previous photo. 3.3.10. Aerial Photograph — 2002 (1" = 500'±) In the aerial photo from 2002, the subject property is still undeveloped land. The northeast portion of the subject property appears to have revegetated. Surrounding land appears similar to the previous photo. 3.3.11. Aerial Photograph— 2004 (1" = 500'±) In the aerial photo from 2004, the subject property appears similar to the previous photo. To the west, additional single family homes are present and a track has been built at Flour Bluff Junior High School. 3.3.12. Aerial Photograph— 2005 (1" = 500'±) In the aerial photo from 2005, the subject property and surrounding land appears similar to the previous photo. 3.3.13. Aerial Photograph— 2006 (1" = 500'±) In the aerial photo from 2006, the subject property and surrounding land appear similar to the previous photo. 3.3.14. Aerial Photograph— 2010 (1" = 500'±) In the aerial photo from 2010, the subject property appears similar to the previous photo. To the west, additional single family homes have been built. 3.3.15. Aerial Photograph— 2012 (1" = 500'±) In the aerial photo from 2012, the subject property and surrounding land appear similar to the previous photo. 3.3.16. Aerial Photograph— 2014 (1" = 500'±) In the aerial photo from 2014, the subject property and surrounding land appear similar to the previous photo. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 12 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 3.3.17. Aerial Photograph- 2016 (1" = 500'±) In the aerial photo from 2016, the subject property and surrounding land appear similar to the previous photo. 3.3.18. Aerial Photograph— 2018 (1" = 500'±) In the aerial photo from 2018, the subject property still appears to be undeveloped land. A new building has been constructed at Flour Bluff Junior High School to the west of the northwest portion of the subject property. 3.4. Historical Topographic Maps Historical topographic maps provide information on the topography of the subject property and surrounding properties, and may contain information on oil and gas exploration and waste disposal. No signs of waste disposal are shown on the maps. The 1951 map shows an oil well on the northeast portion of the subject property. Oil wells can also be seen to the north and east of the subject property. On the 1968 and 1975 maps, the same oil well and four aboveground storage tanks are shown. The historical topographic maps are provided in Exhibit D. 3.5. City Directories City Directory services were requested from GeoSearch to evaluate the past uses of the subject property and surrounding properties. No listings were identified for the subject property. Listings for surrounding properties on Laguna Shores Road show residences, the Coastal Bend Small Breed Rescue, and Laguna Shores Pet Salon. Listings for Hustlin' Hornet Drive include Flour Bluff Schools. The City Directory Report is provided in Exhibit E. 3.6. Fire Insurance Map Records Historical fire insurance maps were requested from GeoSearch to evaluate the past uses and relevant characteristics of the subject property and surrounding properties. No map coverage is available for the subject property; the Fire Insurance Map Report is provided in Exhibit F. 3.7. Environmental Liens The Environmental Lien search was performed by GeoSearch for the subject property; the results are provided in Exhibit G. According to the Environmental Lien search, no environmental liens or activity and use limitations were found for the subject property. 3.8. Oil and Gas Exploration Records GeoSearch's Oil and Gas Report identified one oil well on the subject property and eleven additional oil or gas wells within 0.5 miles of the subject property. Railroad Commission of Texas (RRC) records indicate that the well on the subject property was an oil well drilled in 1940 to a depth of 7,075 feet and was plugged in 1976. The casing was cut off five feet below ground and capped. Records showed that casinghead gas from the well was processed through the Flour Bluff Gas Plant (located approximately \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 13 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site <0, ! one mile north of subject property). Railroad Commission of Texas records indicate that no pipelines cross the subject property. Several abandoned natural gas gathering pipelines are present to the north of the east tract of the subject property. GeoSearch's Oil and Gas Report and RRC records are included as Exhibit H. 3.9. Water Well Records GeoSearch did not report any water wells on the subject property. Water wells reported within one-half mile of the subject property include 13 monitor wells, two industrial wells, two domestic wells, on industrial well, and one well with no reported use. The monitor wells appear to be associated with an oil and gas exploration company (Pittencrieff America) and with the Corpus Christi Naval Air Station former radio range site. Reported wells were identified in the Submitted Drillers Report Database and the Texas Water Development Board Database. GeoSearch's Water Well Report can be found in Exhibit I. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 14 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 4. Property Reconnaissance 4.1. General Ms. Tara Ducrest, an environmental scientist with Hanson, conducted the property reconnaissance visit of the subject property on November 19, 2020. Photographs taken during the property visit are included in Exhibit J. 4.2. Observations The northeast, northwest, and southeast portions of the north tracts of the subject property were undeveloped land and a pond was present in the central portion of the subject property. The pond appears to be connected to the Laguna Madre by a culvert that crosses under Laguna Shores Road, to the pond north of the subject property by a culvert that crosses under Hustlin' Hornet Drive, and to Redhead Pond by a culvert that crosses under Gadwell Street. A storm drain inlet was observed along Hustlin' Hornet Drive. The inlet appeared to drain stormwater to an outfall that flows into the pond on the north tracts. Bollards were observed on the undeveloped land of the northeast portion. Some discarded items were observed on the southeast portion. Items observed included a refrigerator and concrete blocks. Windblown trash was observed along the east portion of the north tracts. During the site visit, a current was observed on the north end of the culvert that crosses under Gadwell Street, with water flowing southward. On the south tracts, undeveloped land was present on the west portion and Redhead Pond was present on the east portion. On the east tract, undeveloped land and the Laguna Madre were observed. To the north of the subject property, Hustlin' Hornet Drive and undeveloped land with a pond were observed. To the east, reconstruction of Laguna Shores Road was occurring and single family homes and the Laguna Madre were present. To the south, undeveloped land with a pond, single family homes, and the Laguna Shores Pet Salon were present. To the west, Duncan Cemetery, Debra Lane, single family homes, and Flour Bluff Junior High School were present. 4.3. Pits, Ponds, and Lagoons Ponds were observed on the subject property. In the National Wetlands Inventory, the ponds are identified as a freshwater pond and an estuarine and marine deepwater habitat. 4.4. Stained Soils No stained soils were observed on the subject property. 4.5. Stressed Vegetation No stressed vegetation was observed on the subject property. 4.6. Possible Presence of Polychlorinated Biphenyls (PCBs) No signs of PCB presence or contamination were observed on the subject property during the site visit. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 15 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 4.7. Solid Waste Disposal Some discarded items were observed on the southeast portion of the north tracts of the subject property. Items observed included a refrigerator and concrete blocks. Windblown trash was also observed along the east portion of the north tracts of the subject property. 4.8. Identification of Contaminant Migration Paths Possible contaminant migration paths to the subject property include stormwater, surface water, groundwater, soil infiltration, or airborne contaminants. 4.9. Wastewater A wastewater force main was observed along the east portion of the north tracts of the subject property. 4.10. Other Issues No other issues were observed on the subject property during the site visit. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 16 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site 5. Interviews No interviews were conducted for this Phase I ESA. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 17 Phase I Environmental Site Assessment `�L%I-IANSON Laguna Shores/Redhead Pond Site 6. Conclusion Hanson Professional Services Inc. (Hanson) conducted a Phase I Environmental Site Assessment (ESA) of 24.878 acres located to the southwest of the intersection of Laguna Shores Road and Hustlin' Hornet Drive in Corpus Christi, Nueces County, Texas. The ESA was performed in general accordance with the requirements for the American Society for Testing Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, Designation E1527-13. The subject property consists of eight tracts of land in the Flour Bluff neighborhood of Corpus Christi, Texas. The subject property is undeveloped land and water (ponds and Laguna Madre). No structures or improvements were observed on the subject property, other than fencing and bollards. To the north of the subject property, Hustlin' Hornet Drive and undeveloped land with a pond are present. To the east, reconstruction of Laguna Shores Road is occurring and single family homes and the Laguna Madre are present. To the south, the Redhead Pond Wildlife Management Area, single family homes, Coastal Bend Small Breed Rescue, and the Laguna Shores Pet Salon are present. To the west, Duncan Cemetery, Debra Lane, single family homes, and Flour Bluff Junior High School are present. Information pertaining to potential environmental liabilities resulting from the treating, storing, disposing, discharging, or emitting of hazardous and/or regulated substances was obtained by Hanson through GeoSearch. GeoSearch's search of available government records did not identify the subject property in any databases. Four sites were identified within the search radius beyond the subject property. One of the identified sites, a closed unauthorized landfill, is considered to be a Recognized Environmental Condition (REC). GeoSearch's Oil and Gas Report identified one oil well on the subject property and eleven additional oil or gas wells within 0.5 miles of the subject property. Railroad Commission of Texas (RRC) records indicate that the well on the subject property was an oil well drilled in 1940 to a depth of 7,075 feet and was plugged in 1976. The casing was cut off five feet below ground and capped. Records showed that casinghead gas from the well was processed through the Flour Bluff Gas Plant (located approximately one mile north of subject property). Historical aerial and topographic maps from the 1950s through the 1970s show several aboveground storage tanks near the oil well on the subject property. RRC records indicate that no pipelines cross the subject property. Several abandoned natural gas gathering pipelines are present to the north of the east tract of the subject property. Findings Our review of site information and a property inspection revealed the following Recognized Environmental Conditions (RECs) in connection with the subject property: On-Site RECs: ■ Possible Presence of Contamination from Past Oil and Gas Exploration —One oil well is documented as being drilled on the northeast portion of the subject property in 1940 and plugged in 1976. In the past, at least 12 aboveground storage tanks and two pits appear to have been located in the northeast portion of the subject property. While no visible signs of contamination were observed during the site visit, activities related to historical oil and gas exploration may have caused contamination on the subject property. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 18 Phase I Environmental Site Assessment HANSON Laguna Shores/Redhead Pond Site Off-Site RECs: ■ Possible Presence of Contamination from Unauthorized Landfill—An unauthorized closed landfill is documented as being present approximately 800 feet southwest of the subject property. The landfill was identified as accepting household and construction demolition debris. The landfill was used for an unknown length of time and was closed in 1979. Use of nearby land as an unauthorized landfill may have caused contamination on the subject property. Recommendations Due to the Recognized Environmental Conditions associated with the subject property, a Phase II Environmental Site Assessment is recommended. \\hanson.dom\dfs\idrive\19jobs\19L0247A02\Admin\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Phase I ESA Redhead Pond.docx City of Corpus Christi 19 Figure 1 Subject Property Location Map Counties: Nueces 2140 Districts:Corpus Christi Page 2153 sisn sen Patrlclo Aranse- 1139 �� RI10 8111 i Nueces 6152 Corp.. el ss tl 5r ,hristi Kieberq 11 I5 `Texas department of Traneportatiari` -q. • Unincorporated Community 43 P County Seat -. + Harder Crossing 1 Cemetery Cemetery(Inside City) 'i±1 Deep Draft Port !t Shallow Draft Port • Railroad Dam A River or Stream THDOT District Lakes Education ®Milita 2444 e �Airportry Runway Airport �;rJ``"F. h` +k. ;.{!Ky;,l,-. l5„t-�� •,, +,�..�r 4 Prison / l jp`, Parks and Other Public Land 2444 y .? s Subject Property Figure 1 subject Property Locabon Map Note:Property Location Sho rs Approximate. Laguna Shores Road/Redhead Pond Site Corpus Christi Nueces County,Texas HANSOM R° oae ,,11 f/ Scale 1:72,224 m �� O �Pmmt�zn,a,e:m��Im�ter T,�m�a� 2165 Figure 2 Subject Property Detail Map i r J L Flour Bluff ISD \ Wetland Area Flour Bluff liri t f' High School 0 4000, " OctOr'�e Subject Proper y (North Tracts) t 41V ® Duncan A Cemetery 'tingle Family Subject Property • ��y' 'biomes (East Tract) Single Family m �s ,Homes GaQ m°0,c r Single Fa 'I . '©fie •�� Coastal Bend Small , Laguna Subject Property 'i., Breed Rescue a� Madre (South Tracts) " '4--'Laguna Shores ■ Pet Salon /1 Redhead Pond Wildlife ' " N Google Earth Management Area l� 1 000 ft Property CorpusSheet Laguna Shores/Redhead Pond Site Drawn. TLD Scale: As Shown Number: Exhibit A Physical Setting Report GeopSearch On time.On target. In touch:" GeoP/us Physical Setting Maps Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces County, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383808 Project#: 19L0247A02 Date: 11/16/2020 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 Table of Contents Target Property Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 FEMA Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 FEMA Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 NWI Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 NWI Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SOIL Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SOIL Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 GEOLOGYMap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 GEOLOGY Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383808 Disclaimer The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy,reliability,quality,errors occurring from data conversion or the customer's interpretation of this report. This report was made by GeoSearch for exclusive use by its clients only. Therefore, this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers And independent contractors cannot be held liable For actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.aeo-search.com 888-396-0042 Order#157276 Job#383808 Target Property Summary Target Property Information Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Texas 78418 Coordinates Area centroid(-97.286787, 27.6428712) 1 feet above sea level USGS Quadrangle Oso Creek Ne, TX Geographic Coverage Information County/Parish: Nueces (TX) ZipCode(s): Corpus Christi TX: 78418 Geq)Search www.cieo-search.com 888-396-0042 Order#157276 Job#383808 1 of 10 FEMA Map r i Zone NDA 1/2 Mile I / Target Property(TP) Laguna Shores Letter of map revision date: Redhead Pond NVA N Without Base Flood Elevation(BFE) Latest study effective date: Zone A,V,A99 Phase i ESA WA W E With BFE or Depth Corpus Christi, Texas F RegulatoryFloodwayZone AF,AO,AH,VE,AR 78418 S 0.21/.Annual Chance Flood Hazard-Zone X Future Conditions 1'/Annual Chance Flood Hazard-Zone X Area of Undetermined Fleod Hazard 0' 1000' 2000' 3000' Area with Reduced Rood Risk due to Zane D Levee-Zone X Minimal Rood Hazard-Zone X SCALE:1"=2000' Area with Flood Fisk due to Levee-Zone D Digital Data Not Available GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 2 of 10 FEMA Report FEMA-Federal Emergency Management Agency The National Flood Hazard Layer(NFHL)data used in this report is derived from the Federal Emergency Management Agency. The NFHL dataset is a compilation of effective Flood Insurance Rate Map(FIRM)databases(a collection of the digital data that are used in GIS systems for creating new Flood Insurance Rate Maps)and Letters of Map Change(Letters of Map Amendment and Letters of Map Revision only)that create a seamless GIS data layer for United States and its territories. The NFHL is updated as new study or LOMC data becomes effective. Note: Currently, not all areas have modernized FIRM database data available.As a result, users may need to refer to the effective Flood Insurance Rate Map for effective flood hazard information. FEMA Flood Zone Definitions within Search Radius Ge Search www.aeo-search.com 888-396-0042 Order#157276 Job#383808 3 of 10 NWI Map f PEM k/ � E2USN E2USP PEM1A ! RSUBF' PEM1A E2USP E1AB3L E PEM1A PEM Fx PEM1A 4 PUBFx E2USM PUB EIUB E1UBL E2USN 112 Mile PEM1A PUBHx E2USP PEM1✓A E2USN E PEM1A•PUSAxPl=EM11MCI , E2USN E2USP5 E2USM E2USN Ell / PE~M1A P. BHx �PUBHx E2A63M R5UBFx*Pip E2USPs PEM1A. E2AR E2USP E2USP E1.UBL� E2USP E2USP 6i 1 PEM1A E11UBLx :E2U5Ns � E2U5N PEM1A E2 E2USN E2USNs PEM1C E2USNs } E1AB3L Target Property(TP) Laguna Shores Mao Date:05/01/2016 ■ ESTUARI NE AND Redhead Pond N MARI NE DEEPWATER Phase 1 ESA ESTUARINEAND LAKE Corpus Christi, Texas w+E MARINE WETLAND ■ 78418 S FRESHWATER EMERGENT OTH ER W ETLAN D ® FRESHWATER FORESTED/ RI VERI NEj NDA-DI GI TAL DATA a' 1000' 2000 3000 SHRUB WETLAND NOT AV AlLABLE SCALF:1"=2000' GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 4 of 10 NWI Report NWI -National Wetlands Inventory The US NWI digital data bundle is a set of records of wetlands location and classification as defined by the U.S. Fish&Wildlife Service.This dataset is one of a series available in 7.5 minute by 7.5 minute blocks containing ground planimetric coordinates of wetlands point, line,and area features and wetlands attributes.When completed,the series will provide coverage for all of the contiguous United States, Hawaii,Alaska,and U.S. protectorates in the Pacific and Caribbean.The digital data as well as the hardcopy maps that were used as the source for the digital data are produced and distributed by the U.S. Fish&Wildlife Service's National Wetlands Inventory project. Currently,this data is only available in select counties throughout the United States. NWI Definitions within Search Radius E1AB3L SYSTEM:ESTUARINE SUBSYSTEM:SUBTIDAL CLASS:AQUATIC BED E11-1131- SYSTEM: 1UBLSYSTEM:ESTUARINE SUBSYSTEM:SUBTIDAL CLASS:UNCONSOLIDATED BOTTOM WATER REGIME:SUBTIDAL E2AB3M SYSTEM:ESTUARINE SUBSYSTEM:INTERTIDAL CLASS:AQUATIC BED E2USM SYSTEM:ESTUARINE SUBSYSTEM:INTERTIDAL CLASS:UNCONSOLIDATED SHORE WATER REGIME:IRREGULARLY EXPOSED E2USN SYSTEM:ESTUARINE SUBSYSTEM:INTERTIDAL CLASS:UNCONSOLIDATED SHORE WATER REGIME:REGULARLY FLOODED E2USP SYSTEM:ESTUARINE SUBSYSTEM:INTERTIDAL CLASS:UNCONSOLIDATED SHORE WATER REGIME:IRREGULARLY FLOODED PEM1/SS1C SYSTEM:PALUSTRINE GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 5 of 10 NWI Report CLASS:EMERGENT SUBCLASS:BROAD-LEAVED DECIDUOUS PEM1A SYSTEM:PALUSTRINE CLASS:EMERGENT SUBCLASS:BROAD-LEAVED DECIDUOUS WATER REGIME:TEMPORARILY FLOODED PUBFx SYSTEM:PALUSTRINE CLASS:UNCONSOLIDATED BOTTOM SPECIAL MODIFIER:EXCAVATED PUBH SYSTEM:PALUSTRINE CLASS:UNCONSOLIDATED BOTTOM PUBHx SYSTEM:PALUSTRINE CLASS:UNCONSOLIDATED BOTTOM SPECIAL MODIFIER:EXCAVATED PUSA SYSTEM:PALUSTRINE CLASS:UNCONSOLIDATED SHORE R5UBFx SYSTEM:RIVERINE SUBSYSTEM:UNKNOWN PERENNIAL CLASS:UNCONSOLIDATED BOTTOM WATER REGIME:SEMIPERMANENTLY FLOODED SPECIAL MODIFIER:EXCAVATED Texas -DIGITAL DATA NOT AVAILABLE GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 6 of 10 Soil Map Ma w Bn 1/2 Mile w w Gm w A` '/N u w Nuw W Ta Sb Sb Sb Gin, b Ma S �/ a (•,/ Ma // Sb M � Sb Igb J Target Property(TP) Laguna Shores Redhead Pond N SOIL BOUNDARY Phase 1 ESA W+E ® NOT�M-QI GITAL.DATA NOT AVAI LAEI_E'NOT COIv�LEf COrplls Christi, Texas 78418 S 0 1000' 2000' 3000' SCALE:v-2000' GeQSeareh www.geo-search.com 888-396-0042 Order#157276 Job#383808 7 of 10 SOIL Report Soil Surveys The soil data used in this report is obtained from the Natural Resources Conservation Service(NRCS). The NRCS is the primary federal agency that works with private landowners to help them conserve,maintain and improve their natural resources. The soil survey contains information that can be applied in managing farms and ranches;in selecting sites for roads, ponds,buildings and other structures;and in determining the suitability of tracts of land for farming,industry and recreation. This data is available in select counties throughout the United States. SOIL Code Definitions within Search Radius Gm Galveston and Mustang fine sands Nu Nueces fine sand Ta Tidal flats W Water Ge Search www.aeo-search.com 888-396-0042 Order#157276 Job#383808 8 of 10 Geology Map .ti k Fs 112 Miley -, N. I. 4 � Qbb N C : Q \X, w !: ✓� < ` .1 Water 1 . RFs . . Target Property(TP) Laguna Shores Redhead Pond Phase 1 ESAW1�__E Corpus Christi, Texas + 78418 S 0 1000 2000 3000 sca«:r..-3000 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 9 of 10 GEOLOGY Report US GEOLOGY THE GEOLOGY DATA USED IN THIS REPORT ORIGINATES FROM THE USGS. THE FIRST STAGE IN DEVELOPING STATE DATABASES FOR THE CONTERMINOUS UNITED STATES WAS TO ACQUIRE DIGITAL VERSIONS OF ALL EXISTING STATE GEOLOGIC MAPS. ALTHOUGH A SIGNIFICANT NUMBER OF DIGITAL STATE MAPS ALREADY EXISTED,A NUMBER OF STATES LACKED THEM. FOR THESE STATES NEW DIGITAL COMPILATIONS WERE PREPARED IN COOPERATION WITH STATE GEOLOGIC SURVEYS OR BY THE NSA(NATIONAL SURVEYS AND ANALYSIS)PROJECT. THESE NEW DIGITAL STATE GEOLOGIC MAPS AND DATABASES WERE CREATED BY DIGITIZING ALREADY EXISTING PRINTED MAPS,OR, IN A FEW CASES, BY MERGING EXISTING LARGER SCALE DIGITAL MAPS. GEOLOGY Definitions within Search Radius 7-71 GEOLOGY SYMBOL: Qbb UNIT NAME: barrier island deposits UNIT AGE: Phanerozoic I Cenozoic I Quaternary UNIT DESCRIPTION: barrier island deposits ADDITIONAL UNIT INFORMATION: mostly fine-grainded sand,shells scarce;surface slightly higher than that of surrounding deposits,characterized by numerous pimple mounds and poorly defined relict beach ridges; includes many Recent, locally active sand dunes; probably part of"Ingles ROCKTYPE/S: sand;silt; GEOLOGY SYMBOL: Water UNIT NAME: water UNITAGE: None UNIT DESCRIPTION: NOT REPORTED ADDITIONAL UNIT INFORMATION: surface water ROCKTYPE/S: water GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383808 10 of 10 Exhibit B Radius Report Geearch On time.On target. In touch:" Radius Report GeoLens by GeoSearch Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces County, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383800 Project#: 19L0247A02 Date: 11/16/2020 GeSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 Table of Contents Target Property Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Database Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Database Radius Summary . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Radius Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Ortho Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Topographic Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Located Sites Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Site Summary By Database . . . . . . . . . . . . . . . . . . . . . . . . . 16 Elevation Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Unlocated Sites Summary . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Environmental Records Definitions . . . . . . . . . . . . . . . . . . . . . . 23 Unlocatable Report . . . . . . . . . . . . . . . . . . . . . . . See Attachment Zip Report . . . . . . . . . . . . . . . . . . . . . . . . . . . See Attachment GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 Disclaimer This report was designed by GeoSearch to meet or exceed the records search requirements of the All Appropriate Inquiries Rule(40 CFR i�%2312.26)and the current version of the ASTM International E1527, Standard Practice for Environmental Site Assessments:Phase I Environmental Site Assessment Process or,if applicable,the custom requirements requested by the entity that ordered this report. The records and databases of records used to compile this report were collected from various federal,state and local governmental entities. It is the goal of GeoSearch to meet or exceed the 40 CFR i�%312.26 and E1527 requirements for updating records by using the best available technology. GeoSearch contacts the appropriate governmental entities on a recurring basis. Depending on the frequency with which a record source or database of records is updated by the governmental entity,the data used to prepare this report may be updated monthly, quarterly,semi-annually,or annually. The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy,reliability,quality,errors occurring from data conversion or the customer's interpretation of this report. This report was made by GeoSearch for exclusive use by its clients only. Therefore, this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers And independent contractors cannot be held liable For actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.aeo-search.com 888-396-0042 Order#157276 Job#383800 Target Property Summary Target Property Information Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Texas 78418 Coordinates Area centroid(-97.286787, 27.6428712) 1 feet above sea level USGS Quadrangle Oso Creek Ne, TX Geographic Coverage Information County/Parish: Nueces (TX) ZipCode(s): Corpus Christi TX: 78418 Geq)Search www.cieo-search.com 888-396-0042 Order#157276 Job#383800 1 of 42 Database Summary FEDERAL LISTING Standard Environmental Records Search Radius Database Acronym Locatable Unlocatable (miles) EMERGENCY RESPONSE NOTIFICATION SYSTEM ERNSTX 0 0 TP/AP FEDERAL ENGINEERING INSTITUTIONAL CONTROL SITES EC 0 0 TP/AP LAND USE CONTROL INFORMATION SYSTEM LUCIS 0 0 TP/AP RCRA SITES WITH CONTROLS RCRASC 0 0 TP/AP RESOURCE CONSERVATION&RECOVERY ACT-GENERATOR RCRAGR06 0 0 0.1250 RESOURCE CONSERVATION&RECOVERY ACT-NON- RCRANGR06 0 0 0.1250 GENERATOR BROWNFIELDS MANAGEMENT SYSTEM BF 0 0 0.5000 DELISTED NATIONAL PRIORITIES LIST DNPL 0 0 0.5000 NO LONGER REGULATED RCRA NON-CORRACTS TSD FACILITIES NLRRCRAT 0 0 0.5000 RESOURCE CONSERVATION&RECOVERY ACT-NON-CORRACTS RCRAT 0 0 0.5000 TREATMENT, STORAGE&DISPOSAL FACILITIES SUPERFUND ENTERPRISE MANAGEMENT SYSTEM SEMS 0 0 0.5000 SUPERFUND ENTERPRISE MANAGEMENT SYSTEM ARCHIVED SEMSARCH 0 0 0.5000 SITE INVENTORY NATIONAL PRIORITIES LIST NPL 0 0 1.0000 NO LONGER REGULATED RCRA CORRECTIVE ACTION FACILITIES NLRRCRAC 0 0 1.0000 PROPOSED NATIONAL PRIORITIES LIST PNPL 0 0 1.0000 RESOURCE CONSERVATION&RECOVERY ACT-CORRECTIVE RCRAC 0 0 1.0000 ACTION FACILITIES RESOURCE CONSERVATION&RECOVERY ACT-SUBJECT TO RCRASUBC 0 0 1.0000 CORRECTIVE ACTION FACILITIES SUB-TOTAL 0 0 Additional Environmental Records Search Radius Database Acronym Locatable Unlocatable (miles) AEROMETRIC INFORMATION RETRIEVAL SYSTEM/AIR FACILITY AIRSAFS 0 0 TP/AP SUBSYSTEM BIENNIAL REPORTING SYSTEM BRS 0 0 TP/AP CERCLIS LIENS SFLIENS 0 0 TP/AP CLANDESTINE DRUG LABORATORY LOCATIONS CDL 0 0 TP/AP EPA DOCKET DATA DOCKETS 0 0 TP/AP ENFORCEMENT AND COMPLIANCE HISTORY INFORMATION ECHOR06 0 0 TP/AP FACILITY REGISTRY SYSTEM FRSTX 1 0 TP/AP GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 2 of 42 Database Summary Search Radius Database Acronym Locatable Unlocatable (miles) HAZARDOUS MATERIALS INCIDENT REPORTING SYSTEM HMIRSR06 0 0 TP/AP HAZARDOUS WASTE COMPLIANCE DOCKET FACILITIES HWCD 0 0 TP/AP INTEGRATED COMPLIANCE INFORMATION SYSTEM(FORMERLY /CIS 0 0 TP/AP DOCKETS) INTEGRATED COMPLIANCE INFORMATION SYSTEM NATIONAL ICISNPDES 0 0 TP/AP POLLUTANT DISCHARGE ELIMINATION SYSTEM MATERIAL LICENSING TRACKING SYSTEM MLTS 0 0 TP/AP NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDESR06 0 0 TP/AP PCB ACTI VITY DA TABASE SYSTEM PADS 0 0 TP/AP PERMIT COMPLIANCE SYSTEM PCSR06 0 0 TP/AP SEMS LIEN ON PROPERTY SEMSLIENS 0 0 TP/AP SSEHRI PFAS CONTAMINATION SITES SSEHRIPFAS 0 0 TP/AP SECTION SEVEN TRACKING SYSTEM SSTS 0 0 TP/AP TOXIC SUBSTANCE CONTROL ACT INVENTORY TSCA 0 0 TP/AP TOXICS RELEASE INVENTORY TRI 0 0 TP/AP ALTERNATIVE FUELING STATIONS ALTFUELS 0 0 0.2500 FEMA OWNED STORAGE TANKS FEMAUST 0 0 0.2500 HISTORICAL GAS STATIONS HISTPST 0 0 0.2500 INTEGRATED COMPLIANCE INFORMATION SYSTEM ICISCLEANERS 0 0 0.2500 DRYCLEANERS MINE SAFETY AND HEALTH ADMINISTRATION MASTER INDEX FILE MSHA 0 0 0.2500 MINERAL RESOURCE DATA SYSTEM MRDS 0 0 0.2500 OPEN DUMP INVENTORY ODI 0 0 0.5000 SURFACE MINING CONTROL AND RECLAMATION ACT SITES SMCRA 0 0 0.5000 URANIUM MILL TAILINGS RADIATION CONTROL ACT SITES USUMTRCA 0 0 0.5000 DEPARTMENT OF DEFENSE SITES DOD 1 0 1.0000 FORMER MILITARY NIKE MISSILE SITES NMS 0 0 1.0000 FORMERLY USED DEFENSE SITES FUDS 1 0 1.0000 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM FUSRAP 0 0 1.0000 RECORD OF DECISION SYSTEM RODS 0 0 1.0000 SUB-TOTAL 3 0 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 3 of 42 Database Summary STATE(TX) LISTING Standard Environmental Records Search Radius Database Acronym Locatable Unlocatable (miles) STATE INSTITUTIONAL/ENGINEERING CONTROL SITES SIEC01 0 0 TP/AP PETROLEUM STORAGE TANKS PST 0 0 0.2500 BROWNFIELDS SITE ASSESSMENTS BSA 0 0 0.5000 CLOSED&ABANDONED LANDFILL INVENTORY CALF 1 0 0.5000 COMMERCIAL MANAGEMENT FACILITIES FOR HAZARDOUS WSTMGMT 0 0 0.5000 WASTE AND INDUSTRIAL SOLID WASTES LEAKING PETROLEUM STORAGE TANKS LPST 0 0 0.5000 MUNICIPAL SOLID WASTE LANDFILL SITES MSWLF 0 0 0.5000 OPERATOR CLEANUP PROGRAM SITES OCP 0 0 0.5000 RAILROAD COMMISSION VCP AND BROWNFIELD SITES RRCVCP 0 0 0.5000 VOLUNTARY CLEANUP PROGRAM SITES VCP 0 0 0.5000 STATE SUPERFUND SITES SF 0 0 1.0000 SUB-TOTAL 1 0 Additional Environmental Records Search Radius Database Acronym Locatable Unlocatable (miles) GROUNDWATER CONTAMINATION CASES GWCC 0 0 TP/AP HISTORIC GROUNDWATER CONTAMINATION CASES HISTGWCC 0 0 TP/AP LAND APPLICATION PERMITS LANDAPP 0 0 TP/AP MUNICIPAL SETTING DESIGNATIONS MSD 0 0 TP/AP NOTICE OF VIOLATIONS NOV 0 0 TP/AP SPILLS LISTING SPILLS 0 0 TP/AP TCEQ LIENS LIENS 0 0 TP/AP TIER I I CHEMICAL REPORTING PROGRAM FACILITIES TIERII 0 0 TP/AP DRY CLEANER REGISTRATION DATABASE DCR 0 0 0.2500 INDUSTRIAL AND HAZARDOUS WASTE SITES IHW 0 0 0.2500 PERMITTED INDUSTRIAL HAZARDOUS WASTE SITES PIHW 0 0 0.2500 AFFECTED PROPERTY ASSESSMENT REPORTS APAR 0 0 0.5000 DRY CLEANER REMEDIATION PROGRAM SITES DCRPS 0 0 0.5000 INNOCENT OWNER/OPERA TOR DATABASE IOP 0 0 0.5000 RADIOACTIVE WASTE SITES RWS 0 0 0.5000 RECYCLING FACILITIES WMRF 0 0 0.5000 SALT CAVERNS FOR PETROLEUM STORAGE STCV 0 0 0.5000 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 4 of 42 Database Summary Search Radius Database Acronym Locatable Unlocatable (miles) INDUSTRIAL AND HAZARDOUS WASTE CORRECTIVE ACTION IHWCA 0 0 1.0000 SITES SUB-TOTAL 0 0 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 5 of 42 Database Summary TRIBAL LISTING Standard Environmental Records Search Radius Database Acronym Locatable Unlocatable (miles) UNDERGROUND STORAGE TANKS ON TRIBAL LANDS USTR06 0 0 0.2500 LEAKING UNDERGROUND STORAGE TANKS ON TRIBAL LANDS LUSTR06 0 0 0.5000 OPEN DUMP INVENTORY ON TRIBAL LANDS ODINDIAN 0 0 1 0.5000 SUB-TOTAL 0 0 Additional Environmental Records Search Radius Database Acronym Locatable Unlocatable (miles) INDIAN RESERVATIONS INDIANRES 0 0 1.0000 SUB-TOTAL 0 0 TOTAL 4 0 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 6 of 42 Database Radius Summary FEDERAL LISTING Standard environmental records are displayed in bold. Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) AIRSAFS 0.0200 0 NS NS NS NS NS 0 BRS 0.0200 0 NS NS NS NS NS 0 CDL 0.0200 0 NS NS NS NS NS 0 DOCKETS 0.0200 0 NS NS NS NS NS 0 EC 0.0200 0 NS NS NS NS NS 0 ECHOR06 0.0200 0 NS NS NS NS NS 0 ERNSTX 0.0200 0 NS NS NS NS NS 0 FRSTX 0.0200 1 NS NS NS NS NS 1 HMIRSR06 0.0200 0 NS NS NS NS NS 0 HWCD 0.0200 0 NS NS NS NS NS 0 /CIS 0.0200 0 NS NS NS NS NS 0 ICISNPDES 0.0200 0 NS NS NS NS NS 0 LUCIS 0.0200 0 NS NS NS NS NS 0 MLTS 0.0200 0 NS NS NS NS NS 0 NPDESR06 0.0200 0 NS NS NS NS NS 0 PADS 0.0200 0 NS NS NS NS NS 0 PCSR06 0.0200 0 NS NS NS NS NS 0 RCRASC 0.0200 0 NS NS NS NS NS 0 SEMSLIENS 0.0200 0 NS NS NS NS NS 0 SFLIENS 0.0200 0 NS NS NS NS NS 0 SSEHRIPFAS 0.0200 0 NS NS NS NS NS 0 SSTS 0.0200 0 NS NS NS NS NS 0 TRI 0.0200 0 NS NS NS NS NS 0 TSCA 0.0200 0 NS NS NS NS NS 0 RCRAGR06 0.1250 0 0 NS NS NS NS 0 RCRANGR06 0.1250 0 0 NS NS NS NS 0 ALTFUELS 0.2500 0 0 0 NS NS NS 0 FEMAUST 0.2500 0 0 0 NS NS NS 0 HISTPST 0.2500 0 0 0 NS NS NS 0 ICISCLEANERS 0.2500 0 0 0 NS NS NS 0 MRDS 0.2500 0 0 0 NS NS NS 0 MSHA 0.2500 0 0 0 NS NS NS 0 BF 0.5000 0 0 0 0 NS NS 0 DNPL 0.5000 0 0 0 0 NS NS 0 NLRRCRAT 0.5000 1 0 1 0 1 0 1 0 1 NS I NS 1 0 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 7 of 42 Database Radius Summary Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) ODI 0.5000 0 0 0 0 NS NS 0 RCRAT 0.5000 0 0 0 0 NS NS 0 SEMS 0.5000 0 0 0 0 NS NS 0 SEMSARCH 0.5000 0 0 0 0 NS NS 0 SMCRA 0.5000 0 0 0 0 NS NS 0 USUMTRCA 0.5000 0 0 0 0 NS NS 0 DOD 1.0000 0 0 0 0 1 NS 1 FUDS 1.0000 0 0 1 0 0 NS 1 FUSRAP 1.0000 0 0 0 0 0 NS 0 NLRRCRAC 1.0000 0 0 0 0 0 NS 0 NMS 1.0000 0 0 0 0 0 NS 0 NPL 1.0000 0 0 0 0 0 NS 0 PNPL 1.0000 0 0 0 0 0 NS 0 RCRAC 1.0000 0 0 0 0 0 NS 0 RCRASUBC 1.0000 0 0 0 0 0 NS 0 RODS 1.0000 1 0 1 0 1 0 1 0 1 0 1 NS 1 0 SUB-TOTAL I 1 1 0 1 1 1 0 1 1 0 3 GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 8 of 42 Database Radius Summary STATE(TX) LISTING Standard environmental records are displayed in bold. Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) GWCC 0.0200 0 NS NS NS NS NS 0 HISTGWCC 0.0200 0 NS NS NS NS NS 0 LANDAPP 0.0200 0 NS NS NS NS NS 0 LIENS 0.0200 0 NS NS NS NS NS 0 MSD 0.0200 0 NS NS NS NS NS 0 NOV 0.0200 0 NS NS NS NS NS 0 SIEC01 0.0200 0 NS NS NS NS NS 0 SPILLS 0.0200 0 NS NS NS NS NS 0 TIERII 0.0200 0 NS NS NS NS NS 0 DCR 0.2500 0 0 0 NS NS NS 0 IHW 0.2500 0 0 0 NS NS NS 0 PIHW 0.2500 0 0 0 NS NS NS 0 PST 0.2500 0 0 0 NS NS NS 0 APAR 0.5000 0 0 0 0 NS NS 0 BSA 0.5000 0 0 0 0 NS NS 0 CALF 0.5000 0 0 1 0 NS NS 1 DCRPS 0.5000 0 0 0 0 NS NS 0 IOP 0.5000 0 0 0 0 NS NS 0 LPST 0.5000 0 0 0 0 NS NS 0 MSWLF 0.5000 0 0 0 0 NS NS 0 OCP 0.5000 0 0 0 0 NS NS 0 RRCVCP 0.5000 0 0 0 0 NS NS 0 RWS 0.5000 0 0 0 0 NS NS 0 STCV 0.5000 0 0 0 0 NS NS 0 VCP 0.5000 0 0 0 0 NS NS 0 WMRF 0.5000 0 0 0 0 NS NS 0 WSTMGMT 0.5000 0 0 0 0 NS NS 0 IHWCA 1.0000 0 0 0 0 0 NS 0 SF 1.0000 0 0 0 0 0 NS 0 SUB-TOTAL 0 0 1 0 0 0 1 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 9 of 42 Database Radius Summary TRIBAL LISTING Standard environmental records are displayed in bold. Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) USTR06 0.2500 0 0 0 NS NS NS 0 LUSTR06 0.5000 0 0 0 0 NS NS 0 ODINDIAN 0.5000 0 0 0 0 NS NS 0 INDIANRES 1.0000 0 0 0 0 0 NS 0 SUB-TOTAL 0 0 0 0 0 0 0 TOTAL 1 0 2 0 1 0 4 NOTES: NS=NOT SEARCHED TP/AP=TARGET PROPERTY/ADJACENT PROPERTY GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 10 of 42 Radius Map 1 �e 1 Mile a ABfr/C O a 112 Mile �� Ra / 1/4 Mile 118 Mile yr A m i / 1 Laguna Madre �2 '3 4 P a Target Property(TP) Laguna Shores DOD Redhead Pond 'N C,� CALF Phase!ESA w E Puns Corpus Christi, Texas 78418 6 0' 1000, 2000 3000, SCALE:1"=2000' GeSeareh www.geo-search.com 888-396-0042 Order#157276 Job#383800 11 of 42 Radius Map 2 112 Mile 114 Mile Dr ,,n Bay or 1/8 Mile Lagunayr Madre _2 1Dagger —3 j Target Property(TP) Laguna Shores FUDS Redhead Pond N CALF Phase I ESA w E DOD Corpus Christi, Texas + 78418 S SCALE Geq)Search www.geo-search.com 888-396-0042 Ordert 157276 Job#383800 12 of 42 Ortho Map 1/2 Mils w •� • 1/8 Mile 0 y 1 2 , Target Property(TP) Quadrangle(s): Oso FRSTX Creek NeN CALF Laguna Shoresw /� E FUDS Redhead Pond + DOD Phase 1 ESA s Corpus Christi, Texas 78418 0550• 7700• 7050 SCALE:7"=7700• GeQSeareh www.geo-search.com 888-396-0042 Order#157276 Job#383800 13 of 42 Topographic Map 1 Milo x , .'�.� � sem''-� ,.1�-��``•, 1/2 Mile ti 3 Ew 1/4 Milez. 1/8 Mile A 'C 11 f ` f / Laguna hdi Hmi a ..,, Target Property(TP) Quadrangle(s): Oso Creek Ne N Source: USGS, wE 0210112013 Laguna Shores S Redhead Pond Phase 1 ESA 0 1000 2000 3000 Corpus Christi, Texas 78418 SCALE r..-2000 GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 14 of 42 Located Sites Summary NOTE:Standard environmental records are displayed in bold. Map Database Site ID# Relative Distance Site Name Address PAGE ID# Name Elevation From Site # 1 FRSTX 110037845641 Higher 0.006 mi. E LAGUNA SHORES 5000'SOUTH TO INTERSECTION 18 (2 ft.) (32 ft.) ROAD OF LAGUNA SHORES ROAD, REHABILITATION CORPUS CHRISTI,TX 78418 2 CALF 510 Higher 0.149 mi. O'DONOVITCH 200 BLK OF GLEN OAK ST.IN 19 (11 ft.) WSW FLOUR BLUFF, TX (787 ft.) 3 FUDS K06TX1254 Higher 0.215 mi. NGP RADIO RANGE NUECES COUNTY, NO CITY,TX 20 (5 ft.) SSW 78418 (1135 ft.) 4 DOD 2326 Higher 0.849 mi. ALF WALDRON NUECES COUNTY,CORPUS 21 (23 ft.) WSW CHRISTI,TX 78418 (4483 ft.) GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 15 of 42 Site Summary By Database NOTE:Standard environmental records are displayed in bold. Map Database Site ID# Relative Distance Site Name Address ID# Name Elevation From Site 2 CALF 510 Higher 0.149 mi. O'DONOVITCH 200 BLK OF GLEN OAK ST.IN FLOUR (11 ft.) WSW BLUFF, TX (787 ft.) 4 DOD 2326 Higher 0.849 mi. ALF WALDRON NUECES COUNTY,CORPUS CHRISTI,TX (23 ft.) WSW 78418 (4483 ft.) 1 FRSTX 110037845641 Higher 0.006 mi. E LAGUNA SHORES 5000'SOUTH TO INTERSECTION OF (2 ft.) (32 ft.) ROAD LAGUNA SHORES ROAD,CORPUS REHABILITATION CHRISTI,TX 78418 3 FUDS K06TX1254 Higher 0.215 mi. NGP RADIO RANGE NUECES COUNTY, NO CITY,TX 78418 (5 ft.) SSW (1135 ft.) GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 16 of 42 Elevation Summary Elevations are collected from the USGS 3D Elevation Program 1/3 arc-second(approximately 10 meters)layer hosted at the NGTOC.. Target Property Elevation: 1 ft. NOTE:Standard environmental records are displayed in bold. EQUAL/HIGHER ELEVATION Map Database Name Elevation Site Name Address Page ID# # 1 FRSTX 2 ft. LAGUNA SHORES ROAD 5000'SOUTH TO INTERSECTION OF 18 REHABILITATION LAGUNA SHORES ROAD,CORPUS CHRISTI,TX 78418 2 CALF 11 ft. O'DONOVITCH 200 BLK OF GLEN OAK ST.IN FLOUR 19 BLUFF, TX 3 FUDS 5 ft. NGP RADIO RANGE NUECES COUNTY, NO CITY,TX 78418 20 4 DOD 23 ft. ALF WALDRON NUECES COUNTY,CORPUS CHRISTI, 21 TX 78418 LOWER ELEVATION No Records Found GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 17 of 42 Facility Registry System (FRSTX) MAP ID# 1 Distance from Property: 0.006 mi.(32 ft.) E Elevation: 2 ft. (Higher than TP) FACILITY INFORMATION REGISTRY ID: 110037845641 NAME: LAGUNA SHORES ROAD REHABILITATION LOCATION ADDRESS: 5000'SOUTH TO INTERSECTION OF LAGUNA SHORES ROAD CORPUS CHRISTI,TX 78418 COUNTY: NUECES EPA REGION: 06 FEDERAL FACILITY: NOT REPORTED TRIBAL LAND: NOT REPORTED ALTERNATIVE NAME/S: LAGUNA SHORES ROAD REHABILITATION PROGRAM/S LISTED FOR THIS FACILITY TX-TCEQ ACR-TEXAS COMMISSION ON EVIRONMENTAL QUALITY-AGENCY CENTRAL REGISTRY STANDARD INDUSTRIAL CLASSIFICATION/S(SIC) 1611 -HIGHWAY AND STREET CONSTRUCTION,EXCEPT ELEVATED HIGHWAYS NORTH AMERICAN INDUSTRY CLASSIFICATION/S(NAICS) NO NAICS DATA REPORTED Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 18 of 42 Closed & Abandoned Landfill Inventory (CALF) MAP ID#2 Distance from Property: 0.149 mi.(787 ft.)WSW Elevation: 11 ft. (Higher than TP) SITE INFORMATION SITE NUMBER: 510 SITE NAME: O'DONOVITCH LOCATION: 200 BILK OF GLEN OAK ST.IN FLOUR BLUFF COUNTY: NUECES COMMENTS: TWC PERMIT DATABASE#30418 INSPECTION: OWNER NAME: STEVE O'DONOVITCH DATE OPEN: 0 DATE CLOSE: 1979 SIZE(ACRES): 0.00 SIZE(CUBIC YARDS): 0.00 PARTIES: NOT REPORTED LANDFILL CONTENTS HOUSEHOLD: YES CONSTRUCTION DEMOLITION:YES INDUSTRIAL: NR TIRES: NR AGRICULTURE: NR BRUSH: NR OTHER: NR LEGAL: NR UNAUTHORIZED: YES HAZARD UNLIKELY: YES HAZARD PROBABLY: NR HAZARD CERTAINLY: NR DEPTH CD: NR MINIMUM THICKNESS: NR MAXIMUM DEPTH: 0.00 USE:UK OTHER DESCRIPTION: NOT REPORTED REVIEWER: NOT REPORTED Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 19 of 42 Formerly Used Defense Sites (FUDS) MAP ID#3 Distance from Property: 0.215 mi.(1,135 ft.)SSW Elevation: 5 ft. (Higher than TP) FACILITY INFORMATION Geosearch Id: K06TX1254 FUDS NUMBER: K06TX1254 PROPERTY NAME: NGP RADIO RANGE ADDRESS: NUECES COUNTY NO CITY,TX 78418 COUNTY: NUECES FACILITY DETAIL(S) FUDS PROPERTY POINT DATA FFID: TX69799FA34000 PROPERTY ID: NOT REPORTED PROJECT ID: NOT REPORTED ENV SITE ID: NOT REPORTED SITE ID: NOT REPORTED MRA ID: NOT REPORTED PROJECT NUMBER: NOT REPORTED PROJECT NAME: NOT REPORTED PROGRAM: NOT REPORTED CATEGORY: NOT REPORTED STATUS: PROPERTIES WITHOUT PROJECTS FED LAND TYPE: NOT REPORTED FED LAND NAME: NOT REPORTED FED LAND AGENCY: NOT REPORTED SITE CLOSEOUT DATE: NOT REPORTED REMEDY IN PLACE DATE: NOT REPORTED RESPONSE COMPLETE DATE: NOT REPORTED NPL STATUS CODE: NOT LISTED CURRENT OWNER: NOT REPORTED ELIGIBILITY: NOT REPORTED HAS PROJECTS: NO FISCAL YEAR: 2018 EPA REGION: 06 CONGRESSIONAL DISTRICT: 27 DISTRICT RESPONSIBLE FOR THE FUDS PROPERTY: FORT WORTH DISTRICT(SWF) IS THE PROPERTY HAS ANY CLEANUP UNDER THE MILITARY MUNITIONS RESPONSE PROGRAM (MMRP): NOT REPORTED ACREAGE: NOT REPORTED DESCRIPTION: NOT REPORTED HISTORY: NOT REPORTED EMS MAP LINK: CLICK HERE Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 20 of 42 Department of Defense Sites (DOD) MAP ID#4 Distance from Property: 0.849 mi.(4,483 ft.)WSW Elevation: 23 ft. (Higher than TP) GEOSEARCH ID#: 2326 I D#: 2326 NAME: ALF WALDRON FEDERAL LAND TYPE: NAVY AREA SIZE IN SQUARE MILES: 1.440758820 THE PERIMETER OF THE AREA IN SQUARE MILES: 7.686973026 THE NAME OF THE FEATURE AS LISTED IN THE GEOGRAPHIC NAMES INFORMATION SYSTEM (GNIS)DATABASE: WALDRON FIELD NOLF THE GNIS IDENTIFIER FOR THE FEATURE: 2675919 THE PRIMARY OWNING OR ADMINISTERING AGENCY: DOD-FEDERAL LAND OWNED OR ADMINISTERED BY THE DEPARTMENT OF DEFENSE Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 21 of 42 Unlocated Sites Summary This list contains sites that could not be mapped due to limited or incomplete address information. No Records Found GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 22 of 42 Environmental Records Definitions - FEDERAL AIRSAFS Aerometric Information Retrieval System/Air Facility Subsystem VERSION DATE: 10/20/14 The United States Environmental Protection Agency(EPA) modified the Aerometric Information Retrieval System(AIRS)to a database that exclusively tracks the compliance of stationary sources of air pollution with EPA regulations: the Air Facility Subsystem (AFS). Since this change in 2001, the management of the AIRS/AFS database was assigned to EPA's Office of Enforcement and Compliance Assurance. Enforcement and Compliance History Online (ECHO)Clean Air Act data from AFS are frozen and reflect data as of October 17, 2014, the EPA retired this system for Clean Air Act stationary sources. ALTFUELS Alternative Fueling Stations VERSION DATE: 04/30/20 Nationwide list of alternative fueling stations made available by the U.S. Department of Energy's Office of Energy Efficiency&Renewable Energy. Includes Bio-diesel stations, Ethanol (E85)stations, Liquefied Petroleum Gas (Propane)stations, Ethanol (E85)stations, Natural Gas stations, Hydrogen stations, and Electric Vehicle Supply Equipment(EVSE). BF Brownfields Management System VERSION DATE: 10/08/20 Brownfields are real property, the expansion, redevelopment,or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment. The United States Environmental Protection Agency maintains this database to track activities in the various brown field grant programs including grantee assessment, site cleanup and site redevelopment. This database included tribal brownfield sites. BRS Biennial Reporting System VERSION DATE: 12/31/15 The United States Environmental Protection Agency(EPA), in cooperation with the States, biennially collects information regarding the generation, management, and final disposition of hazardous wastes regulated under the Resource Conservation and Recovery Act of 1976 (RCRA), as amended. The Biennial Report captures detailed data on the generation of hazardous waste from large quantity generators and data on waste management practices from treatment,storage and disposal facilities. Currently,the EPA states that data collected between 1991 and 1997 was originally a part of the defunct Biennial Reporting System and is now incorporated into the RCRAInfo data system. CDL Clandestine Drug Laboratory Locations VERSION DATE: 06/17/20 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 23 of 42 Environmental Records Definitions - FEDERAL The U.S. Department of Justice ("the Department") provides this information as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by,for example, contacting local law enforcement and local health departments. The Department does not establish, implement, enforce, or certify compliance with clean-up or remediation standards for contaminated sites; the public should contact a state or local health department or environmental protection agency for that information. DNPL Delisted National Priorities List VERSION DATE: 09/21/20 This database includes sites from the United States Environmental Protection Agency's Final National Priorities List(NPL)where remedies have proven to be satisfactory or sites where the original analyses were inaccurate, and the site is no longer appropriate for inclusion on the NPL, and final publication in the Federal Register has occurred. DOCKETS EPA Docket Data VERSION DATE: 12/22/05 The United States Environmental Protection Agency Docket data lists Civil Case Defendants, filing dates as far back as 1971, laws broken including section,violations that occurred, pollutants involved, penalties assessed and superfund awards by facility and location. Please refer to ICIS database as source of current data. DOD Department of Defense Sites VERSION DATE: 12/01/14 This information originates from the National Atlas of the United States Federal Lands data,which includes lands owned or administered by the Federal government. Army DOD,Army Corps of Engineers DOD,Air Force DOD, Navy DOD and Marine DOD areas of 640 acres or more are included. EC Federal Engineering Institutional Control Sites VERSION DATE: 08/26/20 This database includes site locations where Engineering and/or Institutional Controls have been identified as part of a selected remedy for the site as defined by United States Environmental Protection Agency official remedy decision documents. The data displays remedy component information for Superfund decision documents issued in fiscal years 1982-2017, and it includes final and deleted NPL sites as well as sites with a Superfund Alternative Approach (SAA)agreement in place. The only sites included that are not on the NPL, proposed for NPL, or removed from proposed NPL, are those with an SAA Agreement in place. A site listing does not indicate that the institutional and engineering controls are currently in place nor will be in place once the remedy is complete; it only indicates that the decision to include either of them in the remedy is documented as of the completed date of the document. Institutional controls are actions, such as legal controls,that help minimize the GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 24 of 42 Environmental Records Definitions - FEDERAL potential for human exposure to contamination by ensuring appropriate land or resource use. Engineering controls include caps, barriers, or other device engineering to prevent access,exposure, or continued migration of contamination. ECHOR06 Enforcement and Compliance History Information VERSION DATE: 05/30/20 The U.S. Environmental Protection Agency's Enforcement and Compliance History Online (ECHO)database, provides compliance and enforcement information for facilities nationwide. This database includes facilities regulated as Clean Air Act stationary sources, Clean Water Act direct dischargers, Resource Conservation and Recovery Act hazardous waste handlers, Safe Drinking Water Act public water systems along with other data, such as Toxics Release Inventory releases. ERNSTX Emergency Response Notification System VERSION DATE: 09/27/20 This National Response Center database contains data on reported releases of oil, chemical, radiological, biological, and/or etiological discharges into the environment anywhere in the United States and its territories. The data comes from spill reports made to the U.S. Environmental Protection Agency, U.S. Coast Guard, the National Response Center and/or the U.S. Department of Transportation. FEMAUST FEMA Owned Storage Tanks VERSION DATE: 12/01/16 This is a listing of FEMA owned underground and aboveground storage tank sites. For security reasons, address information is not released to the public according to the U.S. Department of Homeland Security. FRSTX Facility Registry System VERSION DATE: 10/02/20 The United States Environmental Protection Agency's Office of Environmental Information (OEI)developed the Facility Registry System(FRS)as the centrally managed database that identifies facilities, sites or places subject to environmental regulations or of environmental interest. The Facility Registry System replaced the Facility Index System or FINDS database. FUDS Formerly Used Defense Sites VERSION DATE: 12/31/18 The Formerly Used Defense Sites (FUDS) inventory includes properties previously owned by or leased to the United States and under Secretary of Defense Jurisdiction, as well as Munitions Response Areas (MRAs). The remediation of these properties is the responsibility of the Department of Defense. This data is provided by the U.S.Army Corps of Engineers (USACE), the boundaries/polygon data are based on preliminary findings and not GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 25 of 42 Environmental Records Definitions - FEDERAL all properties currently have polygon data available. DISCLAIMER:This data represents the results of data collection/processing for a specific USACE activity and is in no way to be considered comprehensive or to be used in any legal or official capacity as presented on this site. While the USACE has made a reasonable effort to insure the accuracy of the maps and associated data, it should be explicitly noted that USACE makes no warranty, representation or guaranty, either expressed or implied, as to the content,sequence, accuracy, timeliness or completeness of any of the data provided herein. For additional information on Formerly Used Defense Sites please contact the USACE Public Affairs Office at(202)528-4285. FUSRAP Formerly Utilized Sites Remedial Action Program VERSION DATE: 03/04/17 The U.S. Department of Energy (DOE)established the Formerly Utilized Sites Remedial Action Program (FUSRAP)in 1974 to remediate sites where radioactive contamination remained from the Manhattan Project and early U.S.Atomic Energy Commission (AEC)operations.The DOE Office of Legacy Management(LM) established long-term surveillance and maintenance (LTS&M) requirements for remediated FUSRAP sites. DOE evaluates the final site conditions of a remediated site on the basis of risk for different future uses. DOE then confirms that LTS&M requirements will maintain protectiveness. HISTPST Historical Gas Stations VERSION DATE: NR This historic directory of service stations is provided by the Cities Service Company. The directory includes Cities Service filling stations that were located throughout the United States in 1930. HMIRSR06 Hazardous Materials Incident Reporting System VERSION DATE: 05/20/20 The HMIRS database contains unintentional hazardous materials release information reported to the U.S. Department of Transportation located in EPA Region 6. This region includes the following states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. HWCD Hazardous Waste Compliance Docket Facilities VERSION DATE: 04/29/20 This list of the Federal Agency Hazardous Waste Compliance Docket Facilities is maintained by the United States Environmental Protection Agency (EPA). According to the EPA, Section 120(c)of CERCLA requires EPA to establish a listing, known as the Federal Facility Hazardous Waste Compliance Docket(Docket), of Federal facilities which are managing or have managed hazardous waste; or have had a release of hazardous waste. Thus, the Docket identifies all Federal facilities that must be evaluated to determine whether they pose a risk to human health and the environment and it makes this information available to the public. In order for the Docket to remain current and accurate it requires periodic updating. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 26 of 42 Environmental Records Definitions - FEDERAL ICIS Integrated Compliance Information System(formerly DOCKETS) VERSION DATE: 09/19/20 ICIS is a case activity tracking and management system for civil,judicial, and administrative federal Environmental Protection Agency enforcement cases. ICIS contains information on federal administrative and federal judicial cases under the following environmental statutes: the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act-Section 313,the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Safe Drinking Water Act, and the Marine Protection, Research, and Sanctuaries Act. ICISCLEANERS Integrated Compliance Information System Drycleaners VERSION DATE: 09/19/20 This is a listing of drycleaner facilities from the Integrated Compliance Information System(ICIS). The U.S. Environmental Protection Agency(EPA)tracks facilities that possess NAIC and SIC codes that classify businesses as drycleaner establishments. The following Primary SIC Codes are included in this data: 7211, 7212, 7213, 7215, 7216, 7217, 7218, and/or 7219;the following Primary NAICS Codes are included in this data: 812320, 812331, and/or 812332. ICISNPDES Integrated Compliance Information System National Pollutant Discharge Elimination System VERSION DATE: 04/26/20 Authorized by the Clean Water Act, the National Pollutant Discharge Elimination System(NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. This database is provided by the U.S. Environmental Protection Agency. LUCIS Land Use Control Information System VERSION DATE: 09/01/06 The LUCIS database is maintained by the U.S. Department of the Navy and contains information for former Base Realignment and Closure (BRAC) properties across the United States. MLTS Material Licensing Tracking System VERSION DATE: 06/29/17 MLTS is a list of approximately 8,100 sites which have or use radioactive materials subject to the United States Nuclear Regulatory Commission (NRC) licensing requirements. Disclaimer: Due to agency regulations and policies, this database contains applicant/licensee location information which may or may not be related to the physical location per MLTS site. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 27 of 42 Environmental Records Definitions - FEDERAL MRDS Mineral Resource Data System VERSION DATE: 03/15/16 MRDS (Mineral Resource Data System) is a collection of reports describing metallic and nonmetallic mineral resources throughout the world. Included are deposit name, location, commodity, deposit description, geologic characteristics, production, reserves, resources, and references.This database contains the records previously provided in the Mineral Resource Data System (MRDS)of USGS and the Mineral Availability System/Mineral Industry Locator System (MAS/MILS)originated in the U.S. Bureau of Mines,which is now part of USGS. The USGS has ceased systematic updates of the MRDS database with their focus more recently on deposits of critical minerals while providing a well-documented baseline of historical mine locations from USGS topographic maps. A few updates last occurred 2015 and early 2016 for select mine site area/s. MSHA Mine Safety and Health Administration Master Index File VERSION DATE: 08/07/20 The Mine dataset lists all Coal and Metal/Non-Metal mines under MSHA's jurisdiction since 1/1/1970. It includes such information as the current status of each mine (Active,Abandoned, NonProducing,etc.), the current owner and operating company, commodity codes and physical attributes of the mine. Mine ID is the unique key for this data. This information is provided by the United States Department of Labor-Mine Safety and Health Administration (MSHA). NLRRCRAC No Longer Regulated RCRA Corrective Action Facilities VERSION DATE: 09/14/20 This database includes RCRA Corrective Action facilities that are no longer regulated by the United States Environmental Protection Agency or do not meet other RCRA reporting requirements. NLRRCRAT No Longer Regulated RCRA Non-CORRACTS TSD Facilities VERSION DATE: 09/14/20 This database includes RCRA Non-Corrective Action TSD facilities that are no longer regulated by the United States Environmental Protection Agency or do not meet other RCRA reporting requirements. This listing includes facilities that formerly treated, stored or disposed of hazardous waste. NMS Former Military Nike Missile Sites VERSION DATE: 12/01/84 This information was taken from report DRXTH-AS-IA-83AO16 (Historical Overview of the Nike Missile System, 12/1984)which was performed by Environmental Science and Engineering, Inc. for the U.S.Army Toxic and Hazardous Materials Agency Assessment Division. The Nike system was deployed between 1954 and the mid- 1970's.Among the substances used or stored on Nike sites were liquid missile fuel (JP-4); starter fluids (UDKH, aniline, and furfuryl alcohol);oxidizer(IRFNA); hydrocarbons (motor oil, hydraulic fluid, diesel fuel, gasoline, GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 28 of 42 Environmental Records Definitions - FEDERAL heating oil); solvents (carbon tetrachloride, trichloroethylene, trichloroethane, stoddard solvent); and battery electrolyte. The quantities of material a disposed of and procedures for disposal are not documented in published reports.Virtually all information concerning the potential for contamination at Nike sites is confined to personnel who were assigned to Nike sites. During deactivation most hardware was shipped to depot-level supply points. There were reportedly instances where excess materials were disposed of on or near the site itself at closure.There was reportedly no routine site decontamination. NPDESR06 National Pollutant Discharge Elimination System VERSION DATE: 04/01/07 Authorized by the Clean Water Act, the National Pollutant Discharge Elimination System(NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. The NPDES database was collected from the U.S. Environmental Protection Agency (EPA)from December 2002 through April 2007. Refer to the ICIS and/or ICIS-NPDES database as source of current data. This database includes permitted facilities located in EPA Region 6. This region includes the following states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. NPL National Priorities List VERSION DATE: 09/21/20 This database includes United States Environmental Protection Agency(EPA) National Priorities List sites that fall under the EPA's Superfund program,established to fund the cleanup of the most serious uncontrolled or abandoned hazardous waste sites identified for possible long-term remedial action. ODI Open Dump Inventory VERSION DATE: 06/01/85 The open dump inventory was published by the United States Environmental Protection Agency. An "open dump" is defined as a facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 4004 of the Solid Waste Disposal Act(42 U.S.C. 6944)and which is not a facility for disposal of hazardous waste. This inventory has not been updated since June 1985. PADS PCB Activity Database System VERSION DATE: 10/09/19 PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of Polychlorinated Biphenyls (PCB)who are required to notify the U.S. Environmental Protection Agency of such activities. PCSR06 Permit Compliance System VERSION DATE: 08/01/12 The historic Permit Compliance System tracked enforcement status and permit compliance of facilities controlled GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 29 of 42 Environmental Records Definitions - FEDERAL by the National Pollutant Discharge Elimination System(NPDES) under the Clean Water Act. This database includes permitted facilities located in EPA Region 6 states:Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. This system has since been modernized by United States Environmental Protection Agency and is now integrated into the Integrated Compliance Information System (ICIS). Please refer to the ICIS database as the current source for this data. PNPL Proposed National Priorities List VERSION DATE: 09/21/20 This database contains sites proposed to be included on the National Priorities List(NPL) in the Federal Register. The United States Environmental Protection Agency investigates these sites to determine if they may present long-term threats to public health or the environment. RCRAC Resource Conservation&Recovery Act-Corrective Action Facilities VERSION DATE: 09/14/20 The Resource Conservation and Recovery Act(RCRA)gives the U.S. Environmental Protection Agency(EPA) the authority to control hazardous waste from the"cradle-to-grave."This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. This listing refers to facilities with corrective action activity. RCRAGR06 Resource Conservation&Recovery Act-Generator VERSION DATE: 09/14/20 The Resource Conservation and Recovery Act(RCRA)gives the U.S. Environmental Protection Agency(EPA) the authority to control hazardous waste from the"cradle-to-grave."This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. This listing refers to facilities currently generating hazardous waste. EPA region 6 includes the following states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. RCRANGR06 Resource Conservation&Recovery Act-Non-Generator VERSION DATE: 09/14/20 The Resource Conservation and Recovery Act(RCRA)gives the U.S. Environmental Protection Agency(EPA) the authority to control hazardous waste from the"cradle-to-grave."This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. This listing refers to facilities classified as non-generators. Non-Generators do not presently generate hazardous waste. EPA GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 30 of 42 Environmental Records Definitions - FEDERAL Region 6 includes the following states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. RCRASC RCRA Sites with Controls VERSION DATE: 08/04/20 The Resource Conservation and Recovery Act(RCRA)gives the U.S. Environmental Protection Agency(EPA) the authority to control hazardous waste from the"cradle-to-grave."This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. This listing refers to facilities with institutional controls in place. RCRASU BC Resource Conservation&Recovery Act-Subject to Corrective Action Facilities VERSION DATE: 09/14/20 The Resource Conservation and Recovery Act(RCRA)gives the U.S. Environmental Protection Agency(EPA) the authority to control hazardous waste from the"cradle-to-grave."This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. This listing refers to facilities subject to corrective actions. RCRAT Resource Conservation&Recovery Act-Non-CORRACTS Treatment, Storage&Disposal Facilities VERSION DATE: 09/14/20 The Resource Conservation and Recovery Act(RCRA)gives the U.S. Environmental Protection Agency(EPA) the authority to control hazardous waste from the"cradle-to-grave."This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. This listing refers to facilities recognized as hazardous waste treatment,storage, and disposal sites (TSD). RODS Record of Decision System VERSION DATE: 09/21/20 These decision documents maintained by the United States Environmental Protection Agency describe the chosen remedy for NPL(Superfund)site remediation. They also include site history, site description,site characteristics, community participation, enforcement activities, past and present activities, contaminated media, the contaminants present, and scope and role of response action. SEMS Superfund Enterprise Management System VERSION DATE: 09/21/20 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 31 of 42 Environmental Records Definitions - FEDERAL The U.S. Environmental Protection Agency's (EPA)Office of Solid Waste and Emergency Response, Office of Superfund Remediation and Technology Innovation (OSRTI), has implemented The Superfund Enterprise Management System (SEMS), formerly known as CERCLIS (Comprehensive Environmental Response, Compensation and Liability Information System)to track and report on clean-up and enforcement activities taking place at Superfund sites. SEMS represents a joint development and ongoing collaboration between Superfund's Remedial, Removal, Federal Facilities, Enforcement and Emergency Response programs. SEMSARCH Superfund Enterprise Management System Archived Site Inventory VERSION DATE: 09/21/20 The U.S. Environmental Protection Agency's (EPA)Superfund Enterprise Management System Archived Site Inventory (List 8R Archived) replaced the CERCLIS NFRAP reporting system in 2015. This listing reflects sites at which the EPA has determined that assessment has been completed and no further remedial action is planned under the Superfund program. SEMSLIENS SEMS Lien on Property VERSION DATE: 06/22/20 The U.S. Environmental Protection Agency's (EPA)Office of Solid Waste and Emergency Response, Office of Superfund Remediation and Technology Innovation (OSRTI), has implemented The Superfund Enterprise Management System (SEMS), formerly known as CERCLIS (Comprehensive Environmental Response, Compensation and Liability Information System)to track and report on clean-up and enforcement activities taking place at Superfund sites. SEMS represents a joint development and ongoing collaboration between Superfund's Remedial, Removal, Federal Facilities, Enforcement and Emergency Response programs. This is a listing of SEMS sites with a lien on the property. SFLIENS CERCLIS Liens VERSION DATE: 06/08/12 A Federal CERCLA("Superfund") lien can exist by operation of law at any site or property at which United States Environmental Protection Agency has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. This database contains those CERCLIS sites where the Lien on Property action is complete. Please refer to the SEMSLIENS database as source of current data. SMCRA Surface Mining Control and Reclamation Act Sites VERSION DATE: 06/24/20 An inventory of land and water impacted by past mining (primarily coal mining) is maintained by the Office of Surface Mining Reclamation and Enforcement(OSMRE)to provide information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated with the reclamation of those GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 32 of 42 Environmental Records Definitions - FEDERAL problems. The inventory is based upon field surveys by State, Tribal, and OSMRE program officials. It is dynamic to the extent that it is modified as new problems are identified and existing problems are reclaimed. SSEHRIPFAS SSEHRI PFAS Contamination Sites VERSION DATE: 12/12/19 This PFAS Contamination Site Tracker database is compiled by the Social Science Environmental Health Research Institute (SSEHRI)at Northeastern University. According to the SSEHRI, the database records qualitative and quantitative data from each known site of PFAS contamination, including timeline of discovery, sources, levels, health impacts, community response, and government response. The goal of this database is to compile information and support public understanding of the rapidly unfolding issue of PFAS contamination. All data presented was extracted from government websites, news articles,or publicly available documents, and this is cited in the tracker. Disclaimer: The source conveys this database undergoes regular updates as new information becomes available, some sites may be missing and/or contain information that is incorrect or outdated, as well as their information represents all contamination sites SSEHRI is aware of, not all possible contamination sites. This data is not intended to be used for legal purposes. Limited location details are available with this data. Please access the following source link for the most current information: https://pfasproject.com/pfas-contamination-site-tracker/ SSTS Section Seven Tracking System VERSION DATE: 08/04/20 The United States Environmental Protection Agency tracks information on pesticide establishments through the Section Seven Tracking System (SSTS). SSTS records the registration of new establishments and records pesticide production at each establishment. The Federal Insecticide, Fungicide and Rodenticide Act(FIFRA) requires that production of pesticides or devices be conducted in a registered pesticide-producing or device- producing establishment. "Production" includes formulation, packaging, repackaging, and relabeling. For this database, the Product Information is only available for establishments up through 2014 or prior years, product details are no longer released by the EPA within the current SSTS non-Confidential Business Information data. TRI Toxics Release Inventory VERSION DATE: 12/31/18 The Toxics Release Inventory, provided by the United States Environmental Protection Agency, includes data on toxic chemical releases and waste management activities from certain industries as well as federal and tribal facilities. This inventory contains information about the types and amounts of toxic chemicals that are released each year to the air,water, and land as well as information on the quantities of toxic chemicals sent to other facilities for further waste management. TSCA Toxic Substance Control Act Inventory VERSION DATE: 12/31/16 The Toxic Substances Control Act(TSCA)was enacted in 1976 to ensure that chemicals manufactured, GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 33 of 42 Environmental Records Definitions - FEDERAL imported, processed, or distributed in commerce, or used or disposed of in the United States do not pose any unreasonable risks to human health or the environment. TSCA section 8(b) provides the United States Environmental Protection Agency(EPA)authority to"compile, keep current, and publish a list of each chemical substance that is manufactured or processed in the United States." This TSCA Chemical Substance Inventory contains non-confidential information on the production amount of toxic chemicals from each manufacturer and importer site. The EPA has collected Chemical Data Reporting (CDR)data since in 1986 (as Inventory Update Reporting). Collections occur approximately every four years and reporting requirements changed from collection to collection. USUMTRCA Uranium Mill Tailings Radiation Control Act Sites VERSION DATE: 03/04/17 The Legacy Management Office of the Department of Energy (DOE) manages radioactive and chemical waste, environmental contamination, and hazardous material at over 100 sites across the U.S. The L.M. Office manages this database of sites registered under the Uranium Mill Tailings Control Act(UMTRCA). GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 34 of 42 Environmental Records Definitions - STATE (TX) AFAR Affected Property Assessment Reports VERSION DATE: 05/20/20 As regulated by the Texas Commission on Environmental Quality, an Affected Property Assessment Report is required when a person is addressing a release of chemical of concern (COC) under 30 TAC Chapter 350, the Texas Risk Reduction Program(TRRP). The purpose of the APAR is to document all relevant affected property information to identify all release sources and CDCs, determine the extent of all CDCs, identify all transport/exposure pathways, and to determine if any response actions are necessary.The Texas Administrative Code Title 30§350.4(a)(1)defines affected property as the entire area (i.e. on-site and off-site; including all environmental media)which contains releases of chemicals of concern at concentrations equal to or greater than the assessment level applicable for residential land use and groundwater classification. BSA Brownfields Site Assessments VERSION DATE: 08/03/20 The Brownfields Site Assessments database is maintained by the Texas Commission on Environmental Quality (TCEQ). The TCEQ, in close partnership with the U.S. Environmental Protection Agency(EPA)and other federal,state, and local redevelopment agencies, and stakeholders, is facilitating cleanup, transferability, and revitalization of brownfields through the development of regulatory, tax, and technical assistance tools. CALF Closed&Abandoned Landfill Inventory VERSION DATE: 11/01/05 The Texas Commission on Environmental Quality, under a contract with Texas State University, and in cooperation with the 24 regional Council of Governments (COGs) in the State, has located over 4,000 closed and abandoned municipal solid waste landfills throughout Texas. This listing contains"unauthorized sites". Unauthorized sites have no permit and are considered abandoned. The information available for each site varies in detail and this historical information is not updated. Please refer to the specific regional COG for the most current information. DCR Dry Cleaner Registration Database VERSION DATE: 05/12/20 The database includes dry cleaning drop stations and facilities registered with the Texas Commission on Environmental Quality. DCRPS Dry Cleaner Remediation Program Sites VERSION DATE: 03/03/20 This list of DCRP sites is provided by the Texas Commission on Environmental Quality(TCEQ).According to the TCEQ, the Dry Cleaner Remediation Program (DCRP)establishes a prioritization list of dry cleaner sites and administers the Dry Cleaning Remediation fund to assist with remediation of contamination caused by dry GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 35 of 42 Environmental Records Definitions - STATE (TX) cleaning solvents. GWCC Groundwater Contamination Cases VERSION DATE: 12/31/19 This is a Joint Groundwater Monitoring and Contamination Report provided by the Texas Commission on Environmental Quality(TCEQ)with the Railroad Commission of Texas (RRC). The annual report describes the status of groundwater monitoring activities conducted or required by each agency at regulated facilities or associated with regulated activities. The report provides a general overview of groundwater monitoring by participating members on a program by program basis. Groundwater contamination is broadly defined in the report as any detrimental alteration of the naturally occurring quality of groundwater. HISTGWCC Historic Groundwater Contamination Cases VERSION DATE: 12/31/18 This is a Joint Groundwater Monitoring and Contamination Report provided by the Texas Commission on Environmental Quality(TCEQ)that includes historic groundwater contamination cases reported since 1994. These cases have been closed by a program area or agency, such as the TCEQ, the Railroad Commission of Texas, and/or the Texas Alliance of Groundwater Districts. According to the TCEQ report, although enforcement actions may be closed on these cases,the Activity Status Code descriptions allow that groundwater contamination may still be present at the site and may therefore be of interest to regulatory agencies and the general public. IHW Industrial and Hazardous Waste Sites VERSION DATE: 10/09/20 Owner and facility information is included in this database of permitted and non-permitted industrial and hazardous waste sites (this database excludes information for one time shipment requests). Industrial waste is waste that results from or is incidental to operations of industry, manufacturing, mining, or agriculture. Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in federal waste regulations. The IHW database is maintained by the Texas Commission on Environmental Quality. IHWCA Industrial and Hazardous Waste Corrective Action Sites VERSION DATE: 07/23/20 This database is provided by the Texas Commission on Environmental Quality(TCEQ).According to the TCEQ, the mission of the industrial and hazardous waste corrective action program is to oversee the cleanup of sites contaminated from industrial and municipal hazardous and industrial nonhazardous wastes. The goals of this program are to: Ensure that sites are assessed and remediated to levels that protect human health and the environment; Verify that waste management units or facilities are taken out of service and closed properly; and to Facilitate revitalization of contaminated properties. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 36 of 42 Environmental Records Definitions - STATE (TX) IOP Innocent Owner/Operator Database VERSION DATE: 08/27/20 Texas Innocent Owner/Operator(IOP), created by House Bill 2776 of the 75th Legislature, provides a certificate to an innocent owner or operator if their property is contaminated as a result of a release or migration of contaminants from a source or sources not located on the property, and they did not cause or contribute to the source or sources of contamination.The IOP database is maintained by the Texas Commission on Environmental Quality. LANDAPP Land Application Permits VERSION DATE: 06/18/20 Texas Land Application Permits are a requirement from the Texas Commission on Environmental Quality for any domestic facility that disposes of treated effluent by land application such as surface irrigation,evaporation, drainfields or subsurface land application. LIENS TCEQ Liens VERSION DATE: 05/05/20 Liens filed upon State and/or Federal Superfund Sites by the Texas Commission on Environmental Quality. LPST Leaking Petroleum Storage Tanks VERSION DATE: 09/04/20 The Leaking Petroleum Storage Tank listing is derived from the Petroleum Storage Tank (PST)database and is maintained by the Texas Commission on Environmental Quality.This listing includes aboveground and underground storage tank facilities with reported leaks. MSD Municipal Setting Designations VERSION DATE: 07/09/20 The Texas Commission on Environmental Quality (TCEQ)defines an MSD as an official state designation given to property within a municipality or its extraterritorial jurisdiction that certifies that designated groundwater at the property is not used as potable water, and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable-water protective concentration level. The prohibition must be in the form of a city ordinance, or a restrictive covenant that is enforceable by the city and filed in the property records. The MSD property can be a single property, multi-property,or a portion of property. TCEQ Disclaimer: This data is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 37 of 42 Environmental Records Definitions - STATE (TX) MSWLF Municipal Solid Waste Landfill Sites VERSION DATE: 09/04/20 The municipal solid waste landfill database is provided by the Texas Commission on Environmental Quality.This database includes active landfills and inactive landfills,where solid waste is treated or stored. NOV Notice of Violations VERSION DATE: 02/24/16 This database containing Notice of Violations (NOV) is maintained by the Texas Commission on Environmental Quality. An NOV is a written notification that documents and communicates violations observed during an inspection to the business or individual inspected. OCP Operator Cleanup Program Sites VERSION DATE: 10/09/20 The Operator Cleanup Program oversees Operator-led cleanups to ensure compliance with RRC rules.The Sites in the Operator Cleanup Program enter the program on a case by-case basis through referral from the RRC District Offices or other RRC sections (e.g.Technical Permitting or Legal Enforcement)when groundwater has been impacted or has the potential to be impacted, risk-based site assessment is needed, or when the release consists of a unique or unusual contaminant. Operators can also choose to voluntarily enter their cleanup sites into the RRC's Operator Cleanup Program. Database is provided and maintained by the Railroad Commission of Texas (RRC)and location information is limited to what is available via the agency. PIHW Permitted Industrial Hazardous Waste Sites VERSION DATE: 10/09/20 Owner and facility information is included in this database of all permitted industrial and hazardous waste sites. Industrial waste is waste that results from or is incidental to operations of industry, manufacturing, mining, or agriculture. Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in federal waste regulations. Permitted IHW facilities are regulated under 30 Texas Administrative Code Chapter 335 in addition to federal regulations. The IHW database is maintained by the Texas Commission on Environmental Quality. PST Petroleum Storage Tanks VERSION DATE: 05/12/20 The Petroleum Storage Tank database is administered by the Texas Commission on Environmental Quality (TCEQ). Both Underground storage tanks (USTs)and Aboveground storage tanks (ASTs)are included in this report. Petroleum Storage Tank registration has been a requirement with the TCEQ since 1986. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 38 of 42 Environmental Records Definitions - STATE (TX) RRCVCP Railroad Commission VCP and Brownfield Sites VERSION DATE: 09/29/20 According to the Railroad Commission of Texas, their Voluntary Cleanup Program(RRC-VCP)provides an incentive to remediate Oil&Gas related pollution by participants as long as they did not cause or contribute to the contamination.Applicants to the program receive a release of liability to the state in exchange for a successful cleanup. RWS Radioactive Waste Sites VERSION DATE: 07/11/06 This Texas Commission on Environmental Quality database contains all sites in the State of Texas that have been designated as Radioactive Waste sites. SF State Superfund Sites VERSION DATE: 05/26/20 The state Superfund program mission is to remediate abandoned or inactive sites within the state that pose an unacceptable risk to public health and safety or the environment, but which do not qualify for action under the federal Superfund program (NPL-National Priority Listing). As required by the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, the Texas Commission on Environmental Quality identifies and evaluates these facilities for inclusion on the state Superfund registry. This listing includes any recent developments and the anticipated action for these sites as documented in the annual state Superfund registry publication of the Texas Register as well as the Superfund Webpage on the TCEQ website. SIEC01 State Institutional/Engineering Control Sites VERSION DATE: 08/03/20 The Texas Risk Reduction Program(TRRP) requires the placement of institutional controls (e.g., deed notices or restrictive covenants)on affected property in different circumstances as part of completing a response action. In its simplest form, an institutional control (IC) is a legal document that is recorded in the county deed records. In certain circumstances, local zoning or ordinances can serve as an IC. This listing may also include locations where Engineering Controls are in effect, such as a cap, barrier, or other engineering device to prevent access, exposure, or continued migration of contamination.The sites included on this list are regulated by various programs of the Texas Commission on Environmental Quality (TCEQ). SPILLS Spills Listing VERSION DATE: 04/10/20 This Texas Commission on Environmental Quality database includes releases of hazardous or potentially hazardous materials into the environment. GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 39 of 42 Environmental Records Definitions - STATE (TX) STCV Salt Caverns for Petroleum Storage VERSION DATE: 09/01/06 The salt caverns for petroleum storage database is provided by the Railroad Commission of Texas. TIERII Tier I I Chemical Reporting Program Facilities VERSION DATE: 12/31/12 The Texas Tier II Chemical Reporting Program in the Department of State Health Services (DSHS)is the state repository for EPCRA-required Emergency Planning Letters (EPLs),which are one-time notifications to the state from facilities that have certain extremely hazardous chemicals in specified amounts. The Program is also the state repository for EPCRA/state-required hazardous chemical inventory reports called Texas Tier Two Reports. This data contains those facility reports for the 2005 through the 2012 calendar years. Please contact the Texas Commission on Environmental Quality Tier II Chemical Reporting Division as the current source for this data, due to confidentiality and safety reasons details such as the location and capacity of on-site hazardous chemicals is only available to local emergency planning agencies,fire departments, and/or owners. VCP Voluntary Cleanup Program Sites VERSION DATE: 08/26/20 The Texas Voluntary Cleanup Program (VCP) provides administrative,technical, and legal incentives to encourage the cleanup of contaminated sites in Texas. Since all non-responsible parties, including future lenders and landowners, receive protection from liability to the state of Texas for cleanup of sites under the VCP, most of the constraints for completing real estate transactions at those sites are eliminated.As a result, many unused or underused properties may be restored to economically productive or community beneficial uses. The VCP database is maintained by the Texas Commission on Environmental Quality. WMRF Recycling Facilities VERSION DATE: 11/01/12 This listing of recycling facilities is provided by the Texas Commission on Environmental Quality's Recycle Texas Online service. The company information provided in this database is self-reported. Since recyclers post their own information, a facility or company appearing on the list does not imply that it is in compliance with TCEQ regulations or other applicable laws. This database is no longer maintained and includes the last compilation of the program participants before the Recycle Texas Online program was closed. WSTMGMT Commercial Management Facilities for Hazardous Waste and Industrial Solid Wastes VERSION DATE: 10/01/19 This publication lists facilities that have permits or authorizations from the Texas Commission on Environmental Quality(TCEQ)to receive, on a commercial basis, and manage hazardous waste, industrial nonhazardous waste, or both. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 40 of 42 Environmental Records Definitions - STATE (TX) GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383800 41 of 42 Environmental Records Definitions - TRIBAL INDIANRES Indian Reservations VERSION DATE: 09/27/17 This database is extracted from select geographic and cartographic information from the U.S. Census Bureau. The Bureau of Indian Affairs (BIA)within the U.S. Department of the Interior(DOI) provides the list of federally recognized tribes. The American Indian/Alaska Native/Native Hawaiian (AIANNH)Areas includes the following legal entities: federally recognized American Indian reservations and off-reservation trust land areas, state- recognized American Indian reservations, and Hawaiian home lands (HHLs). The boundaries for federally recognized American Indian reservations and off-reservation trust lands are as of January 2017. The boundaries for state-recognized American Indian reservations and for state designated tribal statistical areas were delineated by state governor-appointed liaisons for the 2010 Census through the State American Indian Reservation Program and Tribal Statistical Areas Program respectively. LUSTR06 Leaking Underground Storage Tanks On Tribal Lands VERSION DATE: 04/01/20 This database, provided by the United States Environmental Protection Agency (EPA), contains leaking underground storage tanks on Tribal lands located in EPA Region 6. This region includes the following states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. ODINDIAN Open Dump Inventory on Tribal Lands VERSION DATE: 11/08/06 This Indian Health Service database contains information about facilities and sites on tribal lands where solid waste is disposed of,which are not sanitary landfills or hazardous waste disposal facilities, and which meet the criteria promulgated under section 4004 of the Solid Waste Disposal Act(42 U.S.C. 6944). USTR06 Underground Storage Tanks On Tribal Lands VERSION DATE: 04/01/20 This database, provided by the United States Environmental Protection Agency (EPA), contains underground storage tanks on Tribal lands located in EPA Region 6. This region includes the following states: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383800 42 of 42 Exhibit C Historical Aerial Photographs GeopSearch On time.On target. In touch:" Historical Aerial Photographs NEW. GeoLens by Geosearch Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383804 Project#: 19L0247A02 Date: 11/18/2020 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383804 Target Property Summary Laguna Shores Redhead Pond Phase 1 ESA Corpus Christi, Nueces, Texas 78418 USGS Quadrangle: OSO CREEK NE Target Property Geometry:Area Target Property Longitude(s)/Latitude(s): (-97.288103000, 27.644307000), (-97.287315000, 27.643915000), (-97.288457000, 27.641946000), (-97.289388000, 27.642375000), (-97.289677000, 27.641904000), (-97.287882000, 27.641038000), (-97.287296000, 27.641889000), (-97.286728000, 27.641599000), (-97.286424000, 27.642010000), (-97.285903000, 27.641756000), (-97.285577000, 27.642244000), (-97.284199000, 27.641579000), (-97.284348000, 27.641717000), (-97.284482000, 27.641752000), (-97.284227000, 27.641884000), (-97.283928000, 27.641944000), (-97.283933000, 27.642048000), (-97.285326000, 27.642705000), (-97.284770000, 27.643625000), (-97.287656000, 27.645028000) Ge Search www.oeo-search.com 888-396-0042 Order#157276 Job#383804 Aerial Research Summary Date Source Scale Frame 2018 USDA 1" =500' N/A 2016 USDA 1" =500' N/A 2014 USDA 1" =500' N/A 2012 USDA 1" =500' N/A 2010 USDA 1" =500' N/A 2006 USDA 1" =500' N/A 2005 USDA 1" =500' N/A 2004 USDA 1" =500' N/A 02/24/2002 USGS 1" =500' N/A 01/23/1995 USGS 1" =500' N/A 10/18/1990 TXDOT 1" =500' 5-179 11/05/1985 TXDOT 1" =500' 647 10/31/1979 TXDOT 1" =500' 313 02/24/1975 USGS 1" =500' 1-68 10/09/1967 USGS 1" =500' 2-108 01/15/1961 ASCS 1" =500' 3-6 01/16/1956 ASCS 1" =500' 2-22 10/25/1938 ASCS 1" =500' 2-82 Disclaimer-The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy, reliability,quality,errors occurring from data conversion or the customer's interpretation of this report.This report was made by GeoSearch for exclusive use by its clients only.Therefore,this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers and independent contractors cannot be held liable for actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383804 2t I- .�+it..•.. 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'� ��r ♦� rkrt fir."�} � � r'j "� � a` "� }a X ;r te VN Nx a�q t f R n ",W Ad y r P 4rVSa W }3 F 51 p r' 0 003E4` , Y J K ' � V Ei �v Laguna Shores Redhead Pond Phase 1 ESA wd�q➢E TXDOT Geq Search '� 10/31/1979 S JOB#:383804-11/18/2020 a n r 11 ,. g. qq a .o ►" mn ^,wF �r N, w i r p � per,, 0 500 feet A o r x N Laguna Shores Redhead Pond Phase 1 ESA w E USGS Ge�)Search I� 02/24/1975 S JOB#:383804-11/18/2020 • 1a `" f' 4 , r « 07 eP m r ` " Al; Ile Laguna Shores Redhead Pond Phase I ESA t � 7r r " n V � 'z -� USGS GeqSearch 1010911967 - +� A,�t' ^ 4� { Fry J� F ( •,I"' � ar` t tA s r :; 'r J '' •P.i "%h1.,P" v c - 4 ° ( ifaC1F„ #y rf j 'r. i ssm\` i �.WV .`r - r rY 1 - 0 500 feet . r . P N Laguna Shores Redhead Pond Phase 1 ESA WE ASCS Ge�)Search �v 01/15/1961 S JOB#:383804-11/18/2020 • « e 4 s A+ , a V M t a�� Y' ",•,°� / J Alrjr a +�,. a �k fir'• '�� �'ts� � � '' � �- x r.{`•,�,. � �; 8 '�� to 1 1 3 w r+. Y �4 0111611956 u x � p i l S 4 4 i � f i x , u I I I i na 44 ff4�1i k vp rJI, �{ 1y a4 b J c t r.- i h y 0 500 mm � feet N Laguna Shores Redhead Pond Phase 1 ESA WE ASCS Ge�)Search �v 10/25/1938 S JOB#:383804-11/18/2020 Exhibit D Historical Topographic Maps GeopSearch On time.On target. In touch:" Historical Topographic Maps NEW. GeoLens by Geosearch Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383803 Project#: 19L0247A02 Date: 11/16/2020 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383803 Target Property Summary Laguna Shores Redhead Pond Phase 1 ESA Corpus Christi, Nueces, Texas 78418 USGS Quadrangle: OSO CREEK NE Target Property Geometry:Area Target Property Longitude(s)/Latitude(s): (-97.288103000, 27.644307000), (-97.287315000, 27.643915000), (-97.288457000, 27.641946000), (-97.289388000, 27.642375000), (-97.289677000, 27.641904000), (-97.287882000, 27.641038000), (-97.287296000, 27.641889000), (-97.286728000, 27.641599000), (-97.286424000, 27.642010000), (-97.285903000, 27.641756000), (-97.285577000, 27.642244000), (-97.284199000, 27.641579000), (-97.284348000, 27.641717000), (-97.284482000, 27.641752000), (-97.284227000, 27.641884000), (-97.283928000, 27.641944000), (-97.283933000, 27.642048000), (-97.285326000, 27.642705000), (-97.284770000, 27.643625000), (-97.287656000, 27.645028000) Ge Search www.oeo-search.com 888-396-0042 Order#157276 Job#383803 Topographic Map Summary Date Quadrangle Scale 2013 OSO CREEK NE, TX(2013) 1" =2000' PITA ISLAND, TX(2013) 1968 PHOTOREVISED 1975 OSO CREEK NE, TX(1975) 1" =2000' PITA ISLAND, TX(1975) 1968 OSO CREEK NE, TX(1968) 1" =2000' PITA ISLAND, TX(1969) 1951 OSO CREEK NE, TX 1" =2000' 1925 OSO CREEK, TX 1" =5208' 1920 CORPUS CHRISTI, TX 1" = 10420' Disclaimer-The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy, reliability,quality,errors occurring from data conversion or the customer's interpretation of this report.This report was made by GeoSearch for exclusive use by its clients only.Therefore,this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers and independent contractors cannot be held liable for actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383803 slbe j— '9� Qy w -90LLY Rb_.. FTjyST Encinal Peninsula }02 v' Sa CCG q ^ pJ pG'Qa/✓fi y:� ''��P� �� �� ' �/ %"��`'--'r [_cifx�r?'Ya l'<lrrtlr[ 0" r y r 4 PSG ¢W G�crA / �` D rol i Rg49 e y a �IOq P� w0 eJ Laguna Marina ¢ r 0 2.000 -, Al a ;oe USP. , e N wdQ➢E Laguna Shores Redhead Pond Phase 1 ESA Ge Search + OSO CREEK NE, TX(2013), PITA ISLAND, TX(2013) S JOB#:383803-11/16/2020 C7illA�effy► �. •d,�• V • #, "�,• � .r ■ " dil Wells i�A1 '�.'�. 4 • / 0,1 Well Refinery; ��Nr, � •r 07 _ � 1"A 61— Oil well O,I Wel{ . � 9�. :l• `..- q oil Well S.. c,�- 111 �11 �IEI M 21 •• ,..� �) 111 �d Plp l r r 0�#Adni Rldu �y ( I ✓/ � ' /��`�-.i��� � .��rr. ``` �« Vii-� /�r�� '•! r•. 'Rad ao ers BM e t-tzk; y�r,I •, � •• ,SCWB a 1� ..1`! 11 Oil WBII4a-:`r 111 4L' i�`�� I � � .` ,./,1.r: �]rspo al ,•%( "`�"°`•,.+'.. X111 � -4-.-. 11 t1 �^ I 1 1/ Oil Wel , s � • s � 111f��'�a`.� 1111 �} I _ ••• /� �•`�„�.. 111 � �t�`.�� 1�1 1. �eOil Wells ADRON FI. M 24 0 wf 2,oaa r v feet M � N w .._E Laguna Shores Redhead Pond Phase 1 ESA Gee)r[+earch OSO CREEK NE, TX(1975), PITA ISLAND, TX(1975) 7i� S JOB#:383803-11/16/2020 �" ,•. T 1F L ..i �« �• Pte'. � � •_/,y, �: �'�,` '`�� • r _ a o• I V 'yr" � \ r • • �� a/,•• 0 1well ;otr Refinery' o '.�.� `OSI Welh; • .. ` •e q / Oil Wei 1 �.��q •t.� . Jf E .,0 --Jd61 Well BM 21 High sc *Adm Uldg �adic Tef5 J RM10 di l Well"- r1 �.S ..� • r�� -�tea- A 1 i� �` may,�I �,; j T—w 2 �rJ /i Oil Wel Oil Wells WALURON FIE 1 1.} �. r ..... M 24 l E `9 ` r6v ! a ,•� '.1 PI 0 ..../ 2,000 / N wl' f I feet N Laguna Shores Redhead Pond Phase 1 ESA OSO CREEK NE, TX(1968), PITA ISLAND, TX(1969) S JOB#:383803-11/16/2020 ,1 ��xrNQronr .•�a � t. .�-�, r'r" �1/�,}C. acTI Flaur �xff 5=' p 3% •• •j z. ■ ® .+ sway. aaa` "•ti I 0 • f �r `tea o . •� • ��� �-_—, ° ES9 �z r �� .�• wry a 'O 11�'\. •' n • rP��w. r a a v moi`v at a �lg Q 17 k iY tt a • v 1 ae p /, p• rr/ +• r4 11 fl o u a y rr� Ig n (FAQ • r r, p !Ir 11•; aayyfl� U `��� 0 4i ,� • �'��` 1 `V �I�O •off �A .. n� H h Oil P a olio fa! *Tank "i �i•�a�.. t�� D�j �� C Via= of ° y�� �• � • r- I I Wil n / •``rl Q ff - Flour Bluff Sch ar •a f i +' I °/ 7 r� J!!r Z / r / 5 011 Yv � v ! ifV 4 / t `4v"i t s Flour B ui e�h fl Q �/o ! ■ ■ •• `'asp h Ir ! • r P A v 1 !!! Q .- - .�h �'' rr,: ° • �, .. cp o Irl I!! a _ 4 BM 1� h Yr It � �♦ i F 1� 10 n i A ! ! I l ! I ower of it Oil Wall of 0 ff !�!/ DRI web,-"" 0011 Well feet ~ aha ! ! � r N w Laguna Shores Redhead Pond Phase 1 ESA t±G...,_,,�+earch OSO CREEK NE, TX(1951) L.7� W� s 1013#:383803-11/16/2020 ►s P,, ourBf I W w • � I i � a • 4, `ltJ?� r �, Z :M\t i��,, I. �. -I r �, I�f . V C rG r' BrLtau Sn7wo1 b �� 13 .,... ..• MUD BRIEF `l e 4 U wr � �✓ a! I VA/OL WAIDI I'LL r , ' �••. � � Iglu xr4 Vf �,,'Pita Island '�l ► �j.., a A s,208 11x23 / teat N w .._E Laguna Shores Redhead Pond Phase 1 ESA Gee)r[earch OSO CREEK, TX(1925) 7i� S JOB#:383803-11/16/2020 y 15g 9 12 14 Lj 943 k52 13} 3 . < . Shamrock Pt-',r „ 14j l'S 44 k3 *, r i4 13; 13r� l Flour Bluff Pt. DAw" _ +S+p{,.. !moi i r t �'r I ° ° .l ^�•_ .' ' awl ! /f� `*` l�•,� P w '�-�• CL7AY]UR[1Y��9�dGE• `^ � .`` r/�� J •fig , rAp peat I. . 1l I Ik + A� ,! C9 0 10,420 North Dind I. reef CIL AC N w .._E Laguna Shores Redhead Pond Phase 1 ESA Gee)r[+ea1•Ch CORPUS CHRISTI, TX(1920) 7i� S JOB#:383803-11/16/2020 Exhibit E City Directory Reports GegpSearch On rime.On rarger.In much:' City Directory Target Property Address Target Property: Laguna Shores Rd, Corpus Christi, TX 78412 Prepared For: Hanson Professional Services Order#: 157276 Project#: 19L0247A02 Date: 1111312020 888-396-0042 www.geo-search.corn Page 1 of 7 11/13/2020 8:51:11 AM City Directory Target Property Address Laguna Shores Rd, Corpus Christi, TX 78412 1 LAGUNA SHORES RD 1970 STREET BEGINS COLE DIRECTORY CORPUS CHRISTI 1959 STREET NOT LISTED R.L. POLK &CO. CORPUS CHRISTI 1955 STREET NOT LISTED R.L. POLK &CO. CORPUS CHRISTI 1133 LAGUNA SHORES RD 1970 JILL HINKS COLE DIRECTORY CORPUS CHRISTI 1970 RITA ROS COLE DIRECTORY CORPUS CHRISTI 1142 LAGUNA SHORES RD 1970 ANN DRURY REAL EST COLE DIRECTORY CORPUS CHRISTI 1970 JOHN L DRURY COLE DIRECTORY CORPUS CHRISTI 1970 JAMES W CARTER COLE DIRECTORY CORPUS CHRISTI 1201 LAGUNA SHORES RD 2019 COASTAL BEND REGIONAL ADVISORY INFOUSA SOUTH CENTRAL 2014 COASTAL BEND REGIONAL ADVISORY INFOUSA SOUTH CENTRAL 1206 LAGUNA SHORES RD 1970 DONNA M WI RTA COLE DIRECTORY CORPUS CHRISTI 1970 DAVID PHILLIPS COLE DIRECTORY CORPUS CHRISTI 1970 J R MCCONNELL JR COLE DIRECTORY CORPUS CHRISTI 1214 LAGUNA SHORES RD 1970 L E WYMAN COLE DIRECTORY CORPUS CHRISTI 1222 LAGUNA SHORES RD 1970 JAMES CRAWFORD COLE DIRECTORY CORPUS CHRISTI 2141 LAGUNA SHORES RD 2008 KARSTENS JIM INFOUSA SOUTH CENTRAL 2002 KARSTENS JIM INFOUSA SOUTH CENTRAL 2233 LAGUNA SHORES RD 1995-96 APARTMENTS COLE DIRECTORY CORPUS CHRISTI 1989-90 ERIC LAUROICH COLE DIRECTORY CORPUS CHRISTI 1985-86 ERIC LAURICH COLE DIRECTORY CORPUS CHRISTI 1970 H E SAVOY COLE DIRECTORY CORPUS CHRISTI 1965 ERMA SAVOY COLE DIRECTORY CORPUS CHRISTI 1965 H E SAVOY COLE DIRECTORY CORPUS CHRISTI 888-396-0042 www.geo-search.com Page 2 of 7 11/13/2020 8:51:11 AM City Directory Target Property Address Laguna Shores Rd, Corpus Christi, TX 78412 2343 LAGUNA SHORES RD 1980 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1975 CASA DE MAR COLE DIRECTORY CORPUS CHRISTI 1975 ALFRED EWALD COLE DIRECTORY CORPUS CHRISTI 2401 LAGUNA SHORES RD 2008 FLOATILLA S A INFOUSA SOUTH CENTRAL 2002 FLOATILLA S A INFOUSA SOUTH CENTRAL 1995-96 S A FLOATILLA COLE DIRECTORY CORPUS CHRISTI 1989-90 WEJAY S BUNDARA COLE DIRECTORY CORPUS CHRISTI 1989-90 S A FLOATILLA COLE DIRECTORY CORPUS CHRISTI 1985-86 WEJAY S BUNDARA COLE DIRECTORY CORPUS CHRISTI 1980 WEJAY S BUNDARA COLE DIRECTORY CORPUS CHRISTI 1980 SHELLY R HINES COLE DIRECTORY CORPUS CHRISTI 1975 WEJAY S BUNDARA COLE DIRECTORY CORPUS CHRISTI 1970 WEJAY S BUNDARA COLE DIRECTORY CORPUS CHRISTI 1965 WEJAY S BUNDARA COLE DIRECTORY CORPUS CHRISTI 2411 LAGUNA SHORES RD 1995-96 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1989-90 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1985-86 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1980 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1975 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 2415 LAGUNA SHORES RD 1995-96 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1989-90 REV J H CARRUTHERS COLE DIRECTORY CORPUS CHRISTI 1985-86 REV J H CARRUTHERS COLE DIRECTORY CORPUS CHRISTI 1980 REV J H CARRUTHERS COLE DIRECTORY CORPUS CHRISTI 1975 REV J H CARRUTHERS COLE DIRECTORY CORPUS CHRISTI 1970 REV J H CARRUTHERS COLE DIRECTORY CORPUS CHRISTI 1970 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 2444 LAGUNA SHORES RD 2019 CORPUS CHRISTI HOME INSPTN INFOUSA SOUTH CENTRAL 888-396-0042 www.geo-search.com Page 3 of 7 11/13/2020 8:51:11 AM City Directory Target Property Address Laguna Shores Rd, Corpus Christi, TX 78412 2008 HERRMANN A INFOUSA SOUTH CENTRAL 2002 HERRMANN A INFOUSA SOUTH CENTRAL 2002 JACKSON CLAY INFOUSA SOUTH CENTRAL 1995-96 S KENT BUTLER COLE DIRECTORY CORPUS CHRISTI 1989-90 S KENT BUTLER COLE DIRECTORY CORPUS CHRISTI 1989-90 S KENT BUTLER COLE DIRECTORY CORPUS CHRISTI 1985-86 MARK BUTLER COLE DIRECTORY CORPUS CHRISTI 1985-86 S KENT BUTLER COLE DIRECTORY CORPUS CHRISTI 1980 S KENT BUTLER COLE DIRECTORY CORPUS CHRISTI 2445 LAGUNA SHORES RD 2008 KINNETT M INFOUSA SOUTH CENTRAL 2002 KINNETT M L INFOUSA SOUTH CENTRAL 2501 LAGUNA SHORES RD 1995-96 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1989-90 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1985-86 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1980 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1975 CAPT M J CARTER COLE DIRECTORY CORPUS CHRISTI 1970 DON C PUCKETT COLE DIRECTORY CORPUS CHRISTI 1965 ALFRED M SPENCER COLE DIRECTORY CORPUS CHRISTI 2502 LAGUNA SHORES RD 2019 COASTAL BEND SM BREED RESCUE INFOUSA SOUTH CENTRAL 2014 COASTAL BEND SM BREED RESCUE INFOUSA SOUTH CENTRAL 2008 SISSON J INFOUSA SOUTH CENTRAL 2008 SISSON ROSS INFOUSA SOUTH CENTRAL 2002 SISSON JUDI INFOUSA SOUTH CENTRAL 2002 SISSON JUDI INFOUSA SOUTH CENTRAL 1995-96 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1989-90 NELL MCGINNIS COLE DIRECTORY CORPUS CHRISTI 1985-86 GEORGE MASTERS COLE DIRECTORY CORPUS CHRISTI 1980 EARL R SMITH COLE DIRECTORY CORPUS CHRISTI 1975 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1970 RUSSELL K PHELPS COLE DIRECTORY CORPUS CHRISTI 888-396-0042 www.geo-search.com Page 4 of 7 11/13/2020 8:51:11 AM City Directory Target Property Address Laguna Shores Rd, Corpus Christi, TX 78412 1965 RUSSELL K PHELPS COLE DIRECTORY CORPUS CHRISTI 2512 LAGUNA SHORES RD 2019 LAGUNA SHORES PET SALON INFOUSA SOUTH CENTRAL 2014 LAGUNA SHORES PET SALON INFOUSA SOUTH CENTRAL 2008 LAGUNA SHORES PET SALON INFOUSA SOUTH CENTRAL 2002 LAGUNA SHORES PET SALON INFOUSA SOUTH CENTRAL 1995-96 GILES K D REMOD COLE DIRECTORY CORPUS CHRISTI 1989-90 T&T TAXIDERMY COLE DIRECTORY CORPUS CHRISTI 1985-86 ALVIN BOND COLE DIRECTORY CORPUS CHRISTI 1985-86 N EISENHAUER SCHL COLE DIRECTORY CORPUS CHRISTI 1980 MRS TROY A ALPIN COLE DIRECTORY CORPUS CHRISTI 1970 TROY ALPHIN COLE DIRECTORY CORPUS CHRISTI 1970 KELLYS AUTO REPR COLE DIRECTORY CORPUS CHRISTI 2513 LAGUNA SHORES RD 1995-96 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1989-90 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1985-86 DON WEINMANN COLE DIRECTORY CORPUS CHRISTI 1980 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1975 WAYNES LAWNMOWER COLE DIRECTORY CORPUS CHRISTI 1975 HERMAN O BIDWELL COLE DIRECTORY CORPUS CHRISTI 1965 IRVIN W HORNKOHL COLE DIRECTORY CORPUS CHRISTI 1965 PAULINE HORNKHOL COLE DIRECTORY CORPUS CHRISTI 2515 LAGUNA SHORES RD 2002 HASS K C INFOUSA SOUTH CENTRAL 2518 LAGUNA SHORES RD 1995-96 JUANITA BOYER COLE DIRECTORY CORPUS CHRISTI 1989-90 HAL HAMILTON COLE DIRECTORY CORPUS CHRISTI 1985-86 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1980 BRADY CARTER COLE DIRECTORY CORPUS CHRISTI 1975 FLORENCE O WHEELER COLE DIRECTORY CORPUS CHRISTI 1965 C E RUSH COLE DIRECTORY CORPUS CHRISTI 888-396-0042 www.geo-search.com Page 5 of 7 11/13/2020 8:51:11 AM City Directory Target Property Address Laguna Shores Rd, Corpus Christi, TX 78412 2519 LAGUNA SHORES RD 1995-96 MIKE ARWOOD COLE DIRECTORY CORPUS CHRISTI 1989-90 BRIAN JENKINS COLE DIRECTORY CORPUS CHRISTI 1989-90 SMITH JENKINS COLE DIRECTORY CORPUS CHRISTI 1985-86 BILLY RAY SCHWARTZ COLE DIRECTORY CORPUS CHRISTI 1985-86 FLOUR BLUFF TAXI COLE DIRECTORY CORPUS CHRISTI 1985-86 SPID TAXICAB COLE DIRECTORY CORPUS CHRISTI 1980 DONALD C WINKLEY COLE DIRECTORY CORPUS CHRISTI 1975 LYNN G MCDONALD COLE DIRECTORY CORPUS CHRISTI 1970 LYNN G MCDONALD COLE DIRECTORY CORPUS CHRISTI 1965 LYNN G MCDONALD COLE DIRECTORY CORPUS CHRISTI 2705 LAGUNA SHORES RD 2014 THIRD COAST REMODELING INFOUSA SOUTH CENTRAL 2008 TEXAS EXCURSIONS INFOUSA SOUTH CENTRAL 2008 THIRD COAST REMODELING INFOUSA SOUTH CENTRAL 2002 ALLEN WALLACE INFOUSA SOUTH CENTRAL 2002 TEXAS EXCURSIONS #A INFOUSA SOUTH CENTRAL 1995-96 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1995-96 WILLIAM HILL COLE DIRECTORY CORPUS CHRISTI 1995-96 TEXAS EXCURSIONS COLE DIRECTORY CORPUS CHRISTI 1989-90 WILLIAM HILL COLE DIRECTORY CORPUS CHRISTI 1989-90 JERRY DUFF COLE DIRECTORY CORPUS CHRISTI 1989-90 JERRYS FISH MKT&CF COLE DIRECTORY CORPUS CHRISTI 1989-90 TEXAS EXCURSIONS COLE DIRECTORY CORPUS CHRISTI 1985-86 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1975 BOBS FISH MARKET COLE DIRECTORY CORPUS CHRISTI 1970 E R ANDREWS COLE DIRECTORY CORPUS CHRISTI 1965 MORROWS RED FSH CP COLE DIRECTORY CORPUS CHRISTI 1965 SUSAN MORROW COLE DIRECTORY CORPUS CHRISTI 2706 LAGUNA SHORES RD 1980 FLOUR BLUFF FISH COLE DIRECTORY CORPUS CHRISTI 3029 LAGUNA SHORES RD 2019 GULLY'S INFOUSA SOUTH CENTRAL 888-396-0042 www.geo-search.com Page 6 of 7 11/13/2020 8:51:11 AM City Directory Target Property Address Laguna Shores Rd, Corpus Christi, TX 78412 2233 1/2 LAGUNA SHORES RD 1995-96 M WEAVER COLE DIRECTORY CORPUS CHRISTI 1995-96 TYE WEAVER COLE DIRECTORY CORPUS CHRISTI 1989-90 M WEAVER COLE DIRECTORY CORPUS CHRISTI 2501 1/2 LAGUNA SHORES RD 1985-86 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1980 NO CURRENT LISTING COLE DIRECTORY CORPUS CHRISTI 1975 BRADY CARTER COLE DIRECTORY CORPUS CHRISTI Comment: 888-396-0042 www.geo-search.com Page 7 of 7 11/13/2020 8:51:11 AM GegpSearch On rime.On rarger.In much:' City Directory Target Property Address Target Property: Hustlin Hornet Dr, Corpus Christi, TX 78412 Prepared For: Hanson Professional Services Order#: 157276 Project#: 19L0247A02 Date: 1111312020 888-396-0042 www.geo-search.com Page 1 of 2 11/13/2020 8:51:02 AM City Directory Target Property Address Hustlin Hornet Dr, Corpus Christi, TX 78412 1 HUSTLIN HORNET DR 2019 STREET BEGINS INFOUSA SOUTH CENTRAL 2014 STREET BEGINS INFOUSA SOUTH CENTRAL 2008 STREET BEGINS INFOUSA SOUTH CENTRAL 2002 STREET BEGINS INFOUSA SOUTH CENTRAL 1995-96 STREET NOT LISTED COLE DIRECTORY CORPUS CHRISTI 1989-90 STREET NOT LISTED COLE DIRECTORY CORPUS CHRISTI 1 NO# HUSTLIN HORNET DR 2002 FLOUR BLUFF ELEMENTARY SCHOOL INFOUSA SOUTH CENTRAL 2002 FLOUR BLUFF JUNIOR HIGH SCHOOL INFOUSA SOUTH CENTRAL 2002 FLOUR BLUFF PRIMARY SCHOOL INFOUSA SOUTH CENTRAL 2002 X [END OF LISTING] INFOUSA SOUTH CENTRAL 37 HUSTLIN HORNET DR 2019 FLOUR BLUFF INTERMEDIATE SCH INFOUSA SOUTH CENTRAL 2014 FLOUR BLUFF INTERMEDIATE SCHL INFOUSA SOUTH CENTRAL 207 HUSTLIN HORNET DR 2019 FLOUR BLUFF JUNIOR HIGH SCHOOL INFOUSA SOUTH CENTRAL 2014 FLOUR BLUFF JUNIOR HIGH SCHOOL INFOUSA SOUTH CENTRAL 2008 FLOUR BLUFF JUNIOR HIGH SCHL INFOUSA SOUTH CENTRAL 537 HUSTLIN HORNET DR 2019 FLOUR BLUFF PRIMARY SCHOOL INFOUSA SOUTH CENTRAL 2019 X [END OF LISTING] INFOUSA SOUTH CENTRAL 2014 FLOUR BLUFF PRIMARY SCHOOL INFOUSA SOUTH CENTRAL 2014 X [END OF LISTING] INFOUSA SOUTH CENTRAL 2008 FLOUR BLUFF PRIMARY SCHOOL INFOUSA SOUTH CENTRAL 2008 X [END OF LISTING] INFOUSA SOUTH CENTRAL Comment: 888-396-0042 www.geo-search.com Page 2 of 2 11/13/2020 8:51:02 AM Exhibit F Fire Insurance Map Report Geearch On time.On target. In touch:" Fire Insurance Map Abstract Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces County, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383807 Project#: 19L0247A02 Date: 11/17/2020 GeSearclh www.geo-search.com 888-396-0042 Order#157276 Job#383807 Fire Insurance Map Research Results Date: 11/17/2020 GS Job Number: 157276 Company Name: Hanson Professional Services Project Number: 191-0247A02 Site Information: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Texas 78418 Research Results: No Coverage Available The collections of fire insurance maps listed below were reviewed according to the site information supplied by client. Based on the information provided, no coverage is available. Library of Congress University Publications of America Other Libraries (universities, state, local, etc.). Disclaimer-The information in this report was obtained from a variety of public sources.GeoSearch cannot insure or makes no warranty or representation as to the accuracy,reliability,quality,errors occurring from data conversion or the customers interpretation of this report. Therefore,this report may not contain sufficient information for other purposes or parties.GeoSearch and its partners,employees,officers and independent contractors cannot be held liable for actual,incidental, consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383807 Exhibit G Environmental Lien Search GegpSearch On time. On target. In touch."' Environmental Lien Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces County, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383802 Project#: 19L0247A02 Date: 11/17/2020 phone:888-396-0042 •fax:512-472-9967 •www.geo-search.com TARGET PROPERTY Laguna Shores Redhead Pond Phase 1 ESA Corpus Christi, Nueces County, Texas 78418 USGS Quadrangle:Oso Creek Ne, TX Target Property Geometry:Area Target Property Longitude(s)/Latitude(s): (-97.288103, 27.644307), (-97.287315, 27.643915), (-97.288457, 27.641946), (-97.289388, 27.642375), (-97.289677, 27.641904), (-97.287882, 27.641038), (-97.287296, 27.641889), (-97.286728, 27.641599), (-97.286424, 27.642010), (-97.285903, 27.641756), (-97.285577, 27.642244), (-97.284199, 27.641579), (-97.284348, 27.641717), (-97.284482, 27.641752), (-97.284227, 27.641884), (-97.283928, 27.641944), (-97.283933, 27.642048), (-97.285326, 27.642705), (-97.284770, 27.643625), (-97.287656, 27.645028), (-97.288103, 27.644307) County/Parish Covered: Nueces (TX) Zipcode(s) Covered: Corpus Christi TX: 78418 State(s) Covered: TX Disclaimer-The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy, reliability,quality,errors occurring from data conversion or the customer's interpretation of this report. This report was made by GeoSearch for exclusive use by its clients only. Therefore,this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers and independent contractors cannot be held liable for actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. Geq)Sedreh www.geo-search.com •phone:888-396-0042 •fax:512-472-9967 Geq)Search On time.On target.III touch:" ENVIRONMENTAL LIEN/AUL SEARCH We have done a search of Nueces County Recorders Records for "Environmental Liens" only on the subject property as identified as Tax Parcel No. 233078, Corpus Christi, TX. and find the following: None found We have done a search of Nueces County Recorders Records for "Activity and Use Limitations" (AUL's) only on the subject property as identified as Tax Parcel No. 233078, Corpus Christi, TX. and find the following: None found 3006 Bee Caves Road Suite A-230 • Austin Texas,78746 e 888-396-0042 • FAX 512-472-9967 • www.geo-search.net Exhibit H Oil and Gas Report and Records GeopSearch On time.On target. In touch:" GeoP/us Oil & Gas Report GeoLens by GeoSearch Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces County, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383806 Project#: 19L0247A02 Date: 11/16/2020 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383806 Table of Contents Target Property Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Database Radius Summary . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Oil& Gas Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Located Sites Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Site Summary By Database . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Oil& Gas Well Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Environmental Records Definitions . . . . . . . . . . . . . . . . . . . . . . . 7 GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383806 Disclaimer The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy,reliability,quality,errors occurring from data conversion or the customer's interpretation of this report. This report was made by GeoSearch for exclusive use by its clients only. Therefore, this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers And independent contractors cannot be held liable For actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.aeo-search.com 888-396-0042 Order#157276 Job#383806 Target Property Summary Target Property Information Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Texas 78418 Coordinates Area centroid(-97.286787, 27.6428712) USGS Quadrangle Oso Creek Ne, TX Geographic Coverage Information County/Parish: Nueces (TX) ZipCode(s): Corpus Christi TX: 78418 Geq)Search www.cieo-search.com 888-396-0042 Order#157276 Job#383806 1 of 7 Database Radius Summary STATE(TX) LISTING Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) OG 0.5000 1 5 2 6 NS NS 14 SUB-TOTAL 1 5 2 6 0 0 14 TOTAL 1 5 2 6 0 0 14 NOTES: NS=NOT SEARCHED TP/AP=TARGET PROPERTY/ADJACENT PROPERTY GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383806 2 of 7 OIL & GAS WELL MAP 1/2 Mile X12 10 \ X11 6 2 S � 1 •4 07 e5 •9 r / r Target Property(TP) Laguna Shores Surface Location Redhead Pond Phase 1 ESAW1 __E + Corpus Christi, Texas 78418 S 0WOO 2000 3000 SCALE:7" 2000' GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383806 3 of 7 Located Sites Summary Map Database Name Site ID# Distance Site Name Address ID# From Site 1 OG 34254 TP 2 OG 34255 0.024 mi. NNE (127 ft.) 3 OG 34189 0.057 mi.W (301 ft.) 4 OG 34259 0.107 mi. E (565 ft.) 4 OG 34264 0.122 mi. ESE (644 ft.) 4 OG 34265 0.130 mi. E (686 ft.) 5 OG 34262 0.122 mi. SSE (644 ft.) 6 OG 34257 0.190 mi. NNE (1003 ft.) 7 OG 34260 0.261 mi. ESE (1378 ft.) 8 OG 34258 0.276 mi. ENE (1457 ft.) 9 OG 34263 0.375 mi. SSE (1980 ft.) 10 OG 34253 0.438 mi. NNE (2313 ft.) 11 OG 34256 0.455 mi. NE (2402 ft.) 12 OG 34186 0.479 mi. NW (2529 ft.) GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383806 4 of 7 Site Summary By Database Map Database Site ID# Elevation Distance Site Name Address ID# Name From Site 1 OG 34254 2 ft. TP 2 OG 34255 0 ft. 0.024 mi. NNE (127 ft.) 3 OG 34189 9 ft. 0.057 mi.W (301 ft.) 4 OG 34259 0 ft. 0.107 mi. E (565 ft.) 4 OG 34264 0 ft. 0.122 mi. ESE (644 ft.) 4 OG 34265 0 ft. 0.130 mi. E (686 ft.) 5 OG 34262 1 ft. 0.122 mi. SSE (644 ft.) 6 OG 34257 5 ft. 0.190 mi. NNE (1003 ft.) 7 OG 34260 0 ft. 0.261 mi. ESE (1378 ft.) 8 OG 34258 0 ft. 0.276 mi. ENE (1457 ft.) 9 OG 34263 0 ft. 0.375 mi. SSE (1980 ft.) 10 OG 34253 3 ft. 0.438 mi. NNE (2313 ft.) 11 OG 34256 0 ft. 0.455 mi. NE (2402 ft.) 12 OG 34186 13 ft. 0.479 mi. NW (2529 ft.) Ge Search www.aeo-search.com 888-396-0042 Order#157276 Job#383806 5 of 7 Oil & Gas Well Report MAP ID SURFACE ID API# WELL TYPE WELL NUMBER GAS-RRCID REFER-TO-API LATITUDE LONGITUDE 1 34254 35503108 OIL WELL 03108 05176 00000000 27.642944420 -97.285385240 2 34255 35581875 OIL WELL 81875 000000 00301000 27.644784730 -97.286336170 3 34189 355 DRY HOLE NR NR NR 27.641990090 -97.290596220 4 34259 35503128 PLUGGED OIL/GAS WELL 03128 064761 00000000 27.641663010 -97.282214580 4 34264 35580475 CANCELED LOCATION 80475 05335 00000000 27.637956040 -97.277072870 4 34265 35506615 PLUGGED GAS WELL 06615 17201 00000000 27.640537180 -97.273157720 5 34262 355 PLUGGED OIL WELL NR NR NR 27.639465740 -97.286990550 6 34257 355 PLUGGED OIL/GAS WELL NR NR NR 27.646140010 -97.283492230 7 34260 35503125 PLUGGED OIL/GAS WELL 03125 13522 00000000 27.640320700 -97.280076640 8 34258 35503129 PLUGGED OIL/GAS WELL 03129 00119 00000000 27.644580110 -97.280383870 9 34263 35580473 PLUGGED OIL WELL 80473 05335 00000000 27.636693630 -97.281549840 10 34253 35503100 PLUGGED OIL/GAS WELL 03100 04505 00000000 27.649288300 -97.281547320 11 34256 35503130 PLUGGED OIL/GAS WELL 03130 20638 00000000 27.648428060 -97.279692880 12 34186 355 PLUGGED OIL/GAS WELL NR NR NR 27.650573200 -97.292362410 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383806 6 of 7 Environmental Records Definitions - STATE (TX) OG Oil and Gas Wells with Pipelines VERSION DATE: 07/20/20 This oil and gas well and pipeline data set is provided by the Geographic Information System of the Railroad Commission of Texas (the Commission). The data set includes oil and gas well records dating back to the early 1960's, some wells prior to the 1960's are also included with no API and/or a historical API number in place. Please note, GeoSearch well data represents only surface locations per well; our data does not reflect bottom hole locations per well. Also, this data set includes information on natural gas, crude oil, and refined products pipelines. GIS maps may not be used for pipeline location purposes in lieu of calling an official notification center prior to excavating. It is a violation of Texas law to fail to make the required 8-1-1 calls. The Commission shall not be held liable for use of this data,which is provided as a public service for informational purposes only. Users are responsible for checking the accuracy, completeness, currency, and/or suitability of this data set themselves. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383806 7 of 7 GIS Identify Results - Well Location Attributes Number of identify results: 1 Print Result#1 API 35503108 GIS WELL NUMBER 1 GIS SYMBOL DESCRIPTION Oil Well GIS LOCATION SOURCE U.S.G.S 7.5-min. quadrangle or aerial photograph GIS LAT (NAD27) 27.642631 GIs LONG (NAD27) -97.285118 GIS LAT (NAD83) 27.642944 GIS LONG (NAD83) -97.285385 Well Logs Drilling Permits Disposal Permits OPERATOR/WELLBORE WELLBORE STATUS HISTORIC LAST PERMIT ISSUED LAST PERMIT OPERATOR NUMBER LAST PERMIT OPERATOR LAST PERMIT LEASE NAME TOTAL DEPTH 0 SURFACE LOCATION Land ABSTRACT SURVEY BLOCK SECTION DISTANCE 1 DIRECTION 1 DISTANCE 2 DIRECTION 2 Oil/Gas Imaged Records for APL35503108 COMPLETION RECORD PRORATION SCHEDULE OIL DISTRICT 04 LEASE/ID 00835 OPERATOR NUMBER 257097 OPERATOR EXXON CORP. LEASE NAME FIELD FLOUR BLUFF, EAST(MASSIVE, UP.) WELL NUMBER 1 TYPE WELL HISTORY ON SCHEDULE NO production dataquery(pdq), oil/gas imaged records for lease/id: 00835 i i i 1 v� i s .� i '� i ��\ _\•�� 1 - v • f 41 % �ict 4 / I v IZR,^ Diliq RAIIA�(),\D CHINL�:,IIIN 01,' 'j'FXAS 1%7 1111, AND G1- Df%*[r!(IN PRILIIDUCL:R"; 14 COMPT.WNCE AND Al,,'110f,%7Al ION OIL OR CIA!l YNOM I,KAM`. iV'Plour Bluff, E.,ist (M.nnsivo, UPPA (lour Bluff & Encino SubdivCCUNTY—NUPEen OP1,;RATOR &Llb ink inly - — I.El"ll:�I 008315ZD) W. R. Duncan .................. comp1,1VASK VAMP. HI`.iF,RVr)tR ADDREW; AIA, TW!'r:-ORM TO: Humble Oil & Refining Company _Corpus Chriati STAT I, -- %.I I h,If,,I,--j Ripe. Line,CoMP013,Y __wl"Ima Pft"cilsal place of ittainvas Box 2220, Hou:ton,•Toxin (1.10"'WrII. 4 Corpun Chrinci, Texaa_.,f._yl,, 100--n of I!— Ofort,thn luA%n loallinated obcove until frl i. !'.A,; None a., • th. Ih. • I."I,. I, h,0".11 __10th 11,-_Fabruary COM.-IMM ii-o—ration Specialist STATE.1`7,F T::XAIl Grady C911 U.0,.t.#.. ..d t.r TT b'I'"t Y, Ta X.M W-Vtow'.0 i"•,(fi•If 0 TO.— AU-("I.Clt`I PAILROA!,CONW,.ON OF 'WXAS INSTRUCT10NSr 4. ............. 04 ...1"1 is.01 r M I K..h..dY p-- 3W_?.0I,,1`I.lvei.g.th.t., fit...III I.1In It'. ..I or'. I P.". 11-A In*Will 11UPIA(ATV.ORMIN41'n, All"Y uw.n•r, -1111 4......6 lun."W-1 Me f I...Ill.,$with Ill: ., ., '(I' I.-Il- A.-I, I IV h4., If .t b•.......ry f.,th. P'.11, '(04 111,—1 U.M ..,..I,t Y un 111 f.l W.-I."M M b. by I. "a I , h- I. ..Ad r.lr Ml nn Yurrr• 1.1 I.K10.1.1 It. t.. Thl. I A,IIfI..fI..11.Y be -,,Iky «i,h I_>il_I a.. tho"I.,. rat. I Mail— .1 W11'.In(3,01 F 11.4 k, No- I _Uumblg.Oil_G INDICATE PURPO1,C Of PILING NEW LEASP., Of CHANGE OF OP!!QAT)MC, HAM' IIPOW� CHANCE Of LEASE NAME FROIA' ------ CHAMCC OF GATHERF.R PROal, CONNOLIVATIOWSWIDIVIStON 01' LUA`Ta/S1 EFFECTIVL DATE REMARKS( EnSt Flour BlUfl_ U-1110-1 Fbe. th.t.1 hthan0191 4,It by(?I. C ONMINAIONM 4KNIA1.Z�I)0, 49057 .",1114.OU4 IV.W1I1.bI.I—. — 4 ���� � ����� ^ x^iuNoAo ''«oo*`!o\ nV 'n.x�, � � ^ �—' 1 .' Sw—x / ox. \xn(x, N |nx ,pov"cnx'vrovnnc r,",ro"//: ,~V^xo xnxmzq' n*o^,n,wcF=x Plour Bluff bc Encino orR(For c°w.u"` ____ ws^.xor"Tp^.w.w�_____ n^^��cmxxm.°xxnxr�cp°cnxn/,^n,o,nvuro. bumble Oil & arfining Company MT Wilson Towerc/r,—.P21jus Phrinti ,r^r, � .'.°."~=°`'^�,°.,^°,.^ ~"*'."^,__2�"������.��� ^^"''"p'^'�''~/"/"'°^/''""*^°" . ^,^""°r°.'_�V�__�"'w" p~^"~'/^''�'^^/"~",':~"'u"~"°^^"�"m« ' 1�*°'~^..°. mh-.:�°°^.�"�°`"� 'WY.I.[`'!A, fm~**'^^~we: 10-10 0 -1 that EXECUTED n/wnm__jDtb�_—_o^,o'_on!%z-uwry '.-V Z17ble Oil & Refining Company nx,no,Txxm, Grady 7rL 'e COUNTY OF ` C1.���-1 h.. d .1 0'.(.,1. h. tow",1. 1,~~^^`^~~ ,mm x"pn°u=° t�^"m.tee*=.ho__.__—*.w *...� __---_p°",/ r"u.'^.°m/°-_ cou",.r"""" XdVistorod in *c* of Tonar.at AuVill.th �.,"^ ^ ` Ily `"o/c^`, PURPOSE v, FILING °xwm^m. _— -----_ CHANCE o. OPERATING NAME ,"vw CHANGE o, LEASE NAME ,vvw. '—_--- CHANCE v, GATHERER ,^v°. _' EA Lq j167 CONSOLIDATION,,vovwo`v° v, L°^,c/,. ,rr"Cr'", v^`,. eusy._\^ 106I________—_______-__—' wEw^n",. C06WLASI -?I NK IAL NUU1,EX NW-1. 41M3 ,4 17*71 RRC D)striet. RAIUMM" 0,. I'l.X V�, SW-1 02, AM) W,,, DIV1,110N PRODUCER-1 I CAT[' Alf) AI'TIIOI,'L'ATION-.'(1 TWA M,("I'S'oAS FROM LXW;1� Flour Blufi Encino subdiviBion F,,;,.,.1our Zluff,Kanc OUNTY IN R"1_1F.R%'0IP(For Giiw W�I!.) Wl,'I.I,NO, (1,"r(.u,.Well") ADDRESS ALL COI?kl:%PONDV�ICV�(70,4cy..Rsisc. rswi iop%,To: Emble oil & Refining Company ITUYXIT Wilson To-der __c'lI7_Corpua Chriati _,NTATF The.0--Iwo,l�rotor he"I,y Aii0_fj,_ _tl�mblp. Oil & Ref ining Comparty Kingavil1c, Tex W .'I sh"'y"Until 44"A"AN"a� r A-i (UMI-Ir 4�A It- Other i(ath~14 Its-p.tting thl� I-- A.4 ',I1F.Alt�,A� None =11 �Ilrd., J..I of J.h.""J.-I,.. ,f the W.ilf"Ad It"I^-P.,I 1�,11'.L"'U'"y 1.1ye-I hy It-f't-1, EXE.CUTED TIM,TIM, 1 02h DAY OF '7abrulLr,)�__. 1,)12. I Refining Com_pnny___1,______ %TAT',. Or-' TJ-*,1AS, Gru y COUNTY OF tt'.(-j.......I qUF1,q<-RMVD und sworn to bofore me this the_-.,lay of 14,3140 on't(of__ C mly, jovs. Roxworci in ottic. I k.ur-d or'r.x..at A"lin,thi. RAILROAD 96 MNIIS�,IUN OF'MXA lo V!I I lly I RMUCTIONli .4......1. o--11 it C.. 4-Ih.I.....It�A 1.Ih.--i .11 ,, -1. 1. 1., K.O.-I-.1y I.- �, -1-1 T.... hall ....U, f.,-th V-MiV_j..Ih 4-b-, hi-I 11, �It'. kn'll U- I'll Il: -1.,.I M...Id,,I I .", '. I I I I"..I Z 111110*11,,,,�:.", 11 4.1 In 1, trI VI11174 110111ACATY IIkW,fNAL!,. -W.-I -,t, 1 .14-11 11'. -)*-% th. hi. wN the a..)..... ....h"1-1 J.,1111oyl"it I-.."I I4P.-Aft.,Ih- .t,d.,h..111.4 IvIlt,11, .1 01- by -t it ot'.11_t h.---y I",th, .14., fit," Me to., fit. "" th. c- I-s- -1- -n, ..""'-f-"'.-I'l r.-' hip �%--d--, It') 0- 1.... 1- 1'.,p-1.0 by ..'a --d ."I-v-t by Ih. Z Ilw .......11 "1 -1;."t'hy I" M.W.-I C.-t-I .1 i�. t -y "". r.,Mik". I,-."d, .10,9'..11-1 1A.41.1. I tta-I... Cci..�0 T...., F- N.Iiv. .1 1.DIM F!1-11 1.the me.. .1 _11SIMbl --QJL& CA IHnICATC PURPOSE or FILING HEW LEASE, CHANGE OF OPERATING MAUI! FROM. CHANCE OF LEA.f NAME FROM. CHANCE OF GATHERER FROm. 3196 CON'SOLIOATION/1.U001VISION OF LFAIE/1. EFFECTIVE DATE, Fo -rQM It 9 JAA R K S, t'2119 U f k 1& nnIM C E 0 0 t It-4w_j FoIinvI hai.b........t.11-#III.I....P-1-.1y, hci�1.th..,.t.".1-Ih. -4.1 the. W It by the Ct.fian� 470"a"ISAMN-111 SOMAL NUMIQU 11110-1. 412253 7h�: ren• �.,�I n. n1,u t+�TRM 1 t.,231.ft1•.1 solo..nulla.. RAILRnAD COMMISSION OF TEXAS Potential Test Form leen Irndeye .he♦da• of ell"1e11o.,nr foal do l..n. OIL AND GAS DIVISION aero of Receipptt in 1 .fly ."tared. n„not 1.11• Dtatrlct OKice 1e•t is pada.,of tI"1.•• _.r'"URN1311-ALL DATA M PULL-DO NOT VSF ESTIIV!ATF,, 1-195E Iona•waltlednrtla.tt�l�s.--- a (lune on Reverse Side) FIELf') MAU14^ - -e 'f ' RRC DISTRICT NUM}IER:L `(VM.. -" MMC • r •1. 4ee14n to ?rent Frovation Beit• w ..) NAME OF 01"I"RATOR: (U04 Homes u will + do your 1 .11. Movatt In rep 910 F, w.) NAMOF LCASE: ..=�GlWa.,LL;�+�?j Ge'G/�C -rte. LEASE I UAIItER NRLL NO.�.G... ALDKF39:���2 •++•w^� f IONWon't SW40) .-.--» P. O. I)OX NO. / x+12 ✓.��7 SUR VL' ELEVATION COUNTY IN M111CH WYLL IN LOCATer) OMZ/ Unit Design len . Ac. In Unit direction from /� d ?rest poatofflee ter town. Date potential toot coflmwncod� /�-� --- 19 G2_1C.H r�'n A it G Date potential test completed y'tcj& L 194� Hou► r.-"' _4- M. He* this Is*** changed eperaling names within the last 60 dsys?�� If so, what w eviouo operating floe the Log of this well been filed with Deputy Suponlsor? stjT ,Filed J ACK DATA ON TUt TILTl Oa• M.+a•sery on Ilowlea Mei) �• fasts t es A -y ( ,`�6� Nlewing pre♦auta an car Make of mptag Plowing pressure on tbg_..,L� +� Length of a a ud L No. wokas pet n Length of test Hn. lune. Blow Norklng beers !Ilse chokeMeke chokw' �- ---- Length of test s. Mins. pate Neaea•ery ler 3-V-.1 rlfv al lovoijolne Mello wao this well now*d for the entire duration of this test with• OUt the uN of swab or other artificial flowing device? Motor 1111e } p Pump Model 1 Pump Poling -�..r...�..- P. Total Fluid at ltead Setting Depth Tubing Six* _. Is thin well being lotted) __._�Z LAnRth of teat .�}tts, Hine, Me* any oil prerluc*d from thla well during this Inst lifted from the reservoir to the surface of the ground by the use It being )*tied, how many cubic feet of goo to being used to one of any davlce or means Na use of which l+ not prescribed by the Railroad Commlaalnn establishing potentials? barrel of oil recovered? �f'? . o/ Oil producing during this teat Into T. Nauru of Y,L, t;onn*ctl (l on6 or G7.) If Shot It Acidi�w Date this well was lost shot or ecld►rwd No, Quarte used. ....�No. Gallons used�.... Ilartole of oil produced from this wella1n5o •hot oe treatment to time Lhia toot who a�srto4 (Aneal unlr 1 IbIs feel wee eaoa01ono'l y shootina or reef na this Well.) Ilarrals of oil produced from this well from lts c=Vletlon data or mworknd com��etlolt date to the beginnlnl,of this rest ( DD all to new en taws IFe Me man r.) 1'0%",/ percent"star prodlleod during this taste Total d Ah of this well ...PI. Is this a tail of a now wolf for which no previous allowable has boon assigned? -. is this a plain retool (not a workovwr Job)of o well which has a euttent allowable assigned? What 1s the 24-how potential at which it to carried currently on proratton schedute? 6� If this toot is the result of a workovar whht was the nature of the lobi ~!�� Hour wall completed t o �. Is. Date well Completed __ 19 OC& - TEST PRODUCTION DATA (Fumleh Took Numbers. Size, Av ble, pot Ft., and all Gauges In Ft. and In. and ilbIn.) 1Mlicato manner Ir.which Production arrived at by placing result In proper eoluan. TANK rlitt 1. OAVOR VROOUCTION PRODUCT10M P001DUCT10H Ne "129 VttM w COMPLI'Mo i•Pf, Tank 10c7S Teak If(WYT root in. 11.01 In. 11.01 In, fib 0. Table- Table* RPSULT OF T}If9 POTENTLIL TEST (Dble. off nittle ors ow 14-hows) (1A0'1�Tank. 'Itis.) GAS/OIL RATIO OF THM WXLL 12- ..Z4LJGz� --�•,- Cable M of Bos pat banal of CrWe 013 Gravity of oil produced dtalteg We toot(Colteoted to A•P.1. 60 degrees)-- �-� -•-----.• -- r � r i nATA ON tPf!f.L C4u1Pt.F.T1oN //pp "Notice of !ntentlon to DNlie this well was Mod In the bale of Date eDtll:lng, Plus thick of Doepeninr Permit- was Issued r Is Locatlrn aREGULAR,e or won 05MCIAL PERNGTe requlred;I If npocial permit was secured what Is pal it number/? Total number of acres In this toasty 4r Number of crude oil producing wells on this less@ In this field, Including the well on which this potential was taken Locotlon of welt, telatly+ to I+law bounds-rise of 1@}v on which this well 1■ located; Zed f..t from this end �A� feel from C--.*,feet title of the _f�aC AzrG 4lse of +utfaeo coolrng Number legit of ws(tica easing set ..._.�L:..•��" SIle of oil %tying y~ ..� Number of (*at of oil string-rim `!54 Type of tubing h+ecL_�— �+ t____ Trpn of Hrrdenh+ad Top of pay / Q� Y ctrl Depth f Ft. Sl:e tubing run 12 We 7_ Perforated from to ©� No. Shote No, ft. tubing run Kind of fuel used to drill t�hii wall et fuel used 1'oo tJe' R'hete fuel was +ecuteti- 141TRt1CTIONI: All fnatentiol Net forme, WITH ALL INFORMATION RKQURITG:D THROB M PILLM 1W, shell he filed In ahs Dl"Irlet 011ie' at the Rstlread C~ml•eian not Nle• then ten (to) days after the test Is completed and, should the operator fell to file potsnllst test Irt on seett"esls form ithin the ten (10) My• se eposlfled then the effsctive date of the allow e reevltlnG from such test •hall Mar eelend bark more than ten ((10) 44Y.1 pint to reeeldt end oeeeptenee of the LoNntlol to In the office of the Deputy �%W*rvlselro . This ten-dey pvlelon *hall Govern reawhether ordless of wheththe potential l• a during the wwnth in which It 1a rocelved In tM office of the Deputy @Worvleor or any prier worth. q�.4+ EACH WITNYSfi MUST SIGN IN HIS OWN HANDWRrMIG. We. the undersigned, witnesso l this test and the top and bottom+gauges of each tank Into whkbpfodtle$ottwas dWing duration of this test. aC `.. Kepleir-ts • nl Comtr•q 7. molting test n <.r�,f' for Representative of offset 75vot.tor offset Ope Ior p, for Pipe Li-ie Go-% Pipe Liev ComnDnny Relwesent ative of the Rshiloed Comminslon AVFIDAVIT: I ItRRVOY CERTIFY that all conditions prescribed by the Fallrood C"miselon nt Texas for this potential teat wets cm- plied with and carried nut In full, and that all date and facts set forth on bot Ido• of this form are true and correct. for C Repeas ont•tive elest om • e Ins Nal SWORN TO AND BUfISCRTIM before me this the �✓_''1 day of � 19 .IfO_ GhACL C. UVUWN (Notary ;:,r nil i • /� �- i Votary 1`ublic U% and for County, Texas RYMARKS: . I� CUMMISSIUN STATEMIVC UNDER N0. 20.620502 OATLO NOVEMeEK 1S# 19T2 AUTMOR12CO NAME CMANVES FRUM NUMaLE ulL r REtlhl.Nd CU* TO EXXON CORP* AND MUMOLE PIPE LINE COMPANY Tu EXXON NIrELINE COMPANY 017MOUT FILING OF CUM%ISSIUN FORM Pw4 TU OE M ECT1VE JANUARY Is =913. DISTRICT• a FIELD FLUUA BLUFFs EA ' T (MAS ' FLD.NO.•31583 650 UPEKAT •EXXON CORPS URK NUOW237097 LSE NO. QOMP/01L LEASE•OUNCAN+ We R• GATAER! —UIL•EXXON NEkMANENT HECURU CHANGE NUl lCL • V 1LEi) IN LlCt) OF FURK N+4 U00 " V-2 3 - 2 2 e 1 � ; RAILROAD COMMISSION OF TEXAS Fora P4 Oil AND GAS 6701 ON Producer's Coni(icato of Coeplismo sod Authorisation to Tfanpipett Oil antll or Four Coxiaghdad Can't mow sisZ'01l'Losse eti`faas'sad1ot Ceaaatlttate(noa CRx Well. "�---' lie, Fio Siuff Bast siiw' as " H. R. Duncan Opssetw •a:, ....4rc`, za•herr. :ar;: .E4., tan r: . ,... s^ ,. . ».._._�...._ Ettiebva•Dsa._.._�..p»D...,_ PY�rOEi'.ptrlDOlal.i ':ii i» .�" �ln. IN A M Addroaa � � CwYtt► � City,atat•.YtpColo llu.—m1b4Tn::�s1.:TR a Cor 'tellizi M Moro r7840L:,.� GA1H�rt�1 e►1r!df, tvf•rd2!tu u! ,l.alisll tt .. •t4:•r • . OIL LtAS1 ' OAS WILL CatMror Naa [ler FX Iii ON I::1 ase Well ago.. '. r.. .. 111 IS...r.• '1'a+e F,,,�j :It Ceeltt�ieed L•S C.nrldaassir w1u0n,`lbkrar — _ Ot tM r' ileo -ejiztale,tip roll wall MINIS I llrnM aeOnror N+o r. u �On fbreoration ..r It.1a r.;i-ter.-.i;�,.•�,.���::... ,. ���-� OII aae well aoa Addwss iii C•Nitatt4gd I C:i Caidoeute i13Ia>stL'iSoetRll" :.. ).. .;: ::�d',.!r>, :•.. ,,• of tM ,,,.aoa Cit:,=fate .,ilR,Fofa L3 Full wou 3 i Clea Colbornenmie'" ♦. . 17 01f ea Gee all au 1:,S.li,ASr{rtl ti:l EIS i � /::5�.1.to lVri fY „4;, !' •4' .. AddreMcasIad1e•1 © CatdwwM .wso-n, of the Gas. 1T.iter•. 1a .`:nu •n,a..�,t :i!1'_ .,. .,•. " . Fell Well •INM tlatberor now Deo well am % ❑ otI C7 Address rtSH t..;riYk;:.w•v: �uEt ,e'. z+,!.•r1,; a,: Cl cdadead L-'1 Cerrdeewf• 4 .• e/tM Oen City,itaa,ttP Coda rr'� Full Wali ^•)rt'1"IC) A"" :yd- YIP 'r.i rE14r_ i;?t•.:.ki'.r, ..rF: .. t».E i,loom 1N AA PtIStP046OF FILING New OU SMae erase null. Vern 9•1(AIVUCAUm to Pesll to Dall.Dsepen or Plus(tack)filed to the nowo of: _hr,^ ESO:.A?1!71'fi 7Ei:'f`,Y. O! 'rl.[:..:. t.0 baorr air ?„ :tuht., '1111. aa•'ftl:•:v,F'tai fes.- -. ❑ aism,"ofbtMwr Ion RRC use ONLY ❑ cbmw 091d Field No. "ova-tonna `+lw�'fR1�MwrRA—r �rns nx• .. 't Ate~ - OAtMer Ne. ❑ anrata less arm tr.w ,_ ._ ._....._ ❑ Camwolwttm orsr+ilt`irii4w hens. -•a..Awfu ioaa.) inview,Few pat.eprerat dot*it flied tar pries aw•1 aaabor) f we.-"air �7r• �%�-1 Ns1�Mr arOeN REiIAREi, MAR 0 1 ;973 AUTHORIZATION a♦ CURRENT OPERATOR TM mdaralved entlf,ob that the above Oro to"664804 to ttmaped the above specified percentage of The olloweble oil w pea prodweed hems the obew•doacrIbIVI property,In encordatme with the rocaletlme of the Railroad Coalwuefon of Tutee.and that thia wlhariaeticw wU1 be solid notice wummihpme•lled by Me Railroad Commission of Teals.and the undeN,aoed further ce*AAn that the eeweanotlea we of W ped•of T•pa eM all roles,r"Wat,ms,cad Cedars of the Retire"Cmsmisahm of Texas Mesa bow t Cathed wild w to a h thle gest, Proration Soe_Cialist ilWr 4 _1 Is OPERATOR NAM[CNA"tt to wis aboww of mpwmw•) The aadatatppwl4 bell 00 pewiltm 40006L has waNfewd nI reepesMUIY m lb•As, pteeeq. ab.de.. alialr►_ AYaw—� Two i tIP Coo now Ne. INSTRUCTIONS', 1. Each and every operator of oil, nes and/or coodetwate producing propartiaa in the State of Tens shall file with the ptopot RRC District Office three (3) copies plus one additional copy for each gntheter shown on this (ora authaeising the gothemi(s)(whether hlmself or someone else)to transport the oll.Ras sad/or condensate from the ptoperties of sock producer. 2. Authorisation is required for each person or gatherer transporting oil. Ras and/or eesdeamsme from in oil lasse.or gas well. In the case of a split Cassoetloa, the percentage of OIL gas and/or c iallm Mate each gatherer is outhorixed to transport shall be sltan . .......3.:Racb.opiwator,shell file a separate ftnm.far ege6 oil letus.ar�ms wU.iSsUep all aehartad ptheatu [or this all tease or gas well on one forte. Effective date is regolred. to be shows as all changes. bat not necessary an s naw lease or well. 4. No oil, gas sod/or cendeessto shall be sawed from any oil lease or gas well sall'this fora is coo pleted and Mad with the proper RRC District Office. After the RRC aRvet in charge baa pploved this form. two (2)ceOM'wiN be m6ised by the RRC and the remaining copies will be diattibute i to the producer and to each gntboaer. S. After an operator bas filed this tone with the RRC. thereby establishing blsself as the;camist operator. it shall bind said operator until cancelled by him or revoked,by,the RRC. A sate Form P-4 shall be[fled if there is: (a) change In operator.' (b) ohmage is••getherer(s). (e)choose in field name, (d)cheap Is lease same. (a)consolidation or subdivision of loese(s),or(1)awthorisatlea to trsespoR production bas been cancelled by the RRC. (When consolWating of sab•dlelding, attach to each copy of Perm P•d a CC berm with a g6FORfs and AFTER plat of lease shoring changes. f' Prat should strew distance to lease tone and belwesm wells•sl ,,• oras with proration Manus asslenrd if screaoe is in the Jicld's allocation foneulo.) 6. If this form is filed because of or includes a change In operator name, the saw operator will be the current operator and will execute this form. The proper Tian trader "Iadicaaa Purpose of Filing' w shell be checked and completed. Authorisation to the getbarel(s) shall be by the new orcurreM operator. The previous operator Is required to exec iWtbi"Ojier'iRar limit Cbaage Adtsowiedgment" befoa the RRC records will be changed. r' 7. This authorisation my be ravelled by the RRC at any time for tailors to comply with the all and '.. pts eamoemolkin lawn of the State of Tessa and the tales, regulations and otdars of rho Railroad Comsissias of Tomas. r t I10'1a: FEUNG CW FORM P3 (ORGANIZATIM IMPICUM AND!WWO WCT OpIMTQIG %AMB Is IMW=D FOR ALL WIN OPIAtATM 7p16/OIt tAIOAIIQATIDN'crrnllca 32 DtGrrS (SPACRg) To THE LWMAIM FOR OPMATDIG AND LRASM HAM M AS tlRM472011111 SHOULD 138 Ns16O IF NECESSARY TO OONPOW TO TNM UWTAMM lel;. 1 e-: a 0 0 .1 "�'# 0 2 3 2 3 S ,� APR 19 RAILROAD COMMS31Oil OF TEXAS .i. Form Pa Old Alib-"G7S"1SiV dh ,t•i•"' Produfte'1.Coniflestw of Co■plific"amid Autbodamilem to Tnogolt Oil ulld,'or Pout,•• _.,_.. ,._.. ____ t adit>(:boad'Citr Fftt�:■OII Uanatlx$astnRtfla;Ca■du■saa fro■a Gil■Well. RRC Ou 1-No, FtelA N !drat.No. Lim 1- Di — t ....... . ell Ns OperatNowif • oe ! .., xr3 ,:i.r...t+ ati i 'n." .r,;. .,: r ,r•�k I ,.• Wt04 vi Calf I Bloton••SQt;pota_tioo.. ' .:_��..._.._..._ al+l SlaX3'..�a:. � . .- •--- Addrees County Ciw.Mate.gig caft Co nChs3s3Ci ',.xootaa,s • l r+•.. lour Bluff 6 Snciaal Subd dab? ifS} .:q ._C.:f:''r�t,. ,M*:.r.C�t 1i ...•S Otl. LRASI GAS WELL pallem time �, :•t ciao fon ass [baton Pooling Comipany Ion % Addnaa 775 7 ;1v—r ..:n: ;,:tt.: ..r•n• ,. y <:, :,..., c .. . P 0. Boot 2220 (J'Geiartafad f� Condweau cityI.lisle,z •; of.elr: as. M Felt fall ■ itreem aaebewr fast. © Ot dao well ass ®aeon.Corporation A a LNCaNttt;Aoad [•] Cood"Gale ..r. •� of lhd aaa Q CO `EtOrCsad w '. �a.,:•.1; tt .,.:u v•1, i,� Nltfetl ` C3 all ❑ ase feu aaa .O.L,xi:nrifLn ff.;t, (d}��'r :o u.rc. .a....,r . ..u• - % •. .. Address pmt,n:u�,•,.,6 alta to t;rt:u�:,t:ar.o, .,.,� :'t:•!�; ,as v,; of t� ©' UaMM Q toaderwa b.tNa,Z P C C++ee roll well, G._r,.[... .I,o- ,•n�lo-r,,., s!.. !„•,... ,�tu .. ,., .. � t.� lueam hWeroe Name (� Ott (;'�{ Ma well Oats Add-68 .;! .:! ,,,:r t•:!,:rtt•:w•>e, •,.: ,;v�cr us ere C3 Canetaanad C. deaPete Of the M. Clq.state.,Zip COO Fell feu uuct lWy {,; ,J :irr;r t::h m, ! l,7 640,as !p•rr:'t:.rr.mt�A .4n,..C:7•,,,,!:'• ,n t..l•t•y;t.. ,,..}• ..,�,.,... iNDfCATt: Pt7C�p08S OF F1L[NG • • • Q New Oil tray or Oma fell. Ferro R:(AoaUaallaa fa frau to Will.Deeper or Platt Book)riled is w tante of: hoed t:n wd!th,m !.tw—, ..• t;,.t -I _ —_hyuxu unl to .rnhtp hai. ® ckm w of amamor COR RAC USE ONLY (� Clime field moms from Field No. .:f 'LMAB MlTA.7.1`,t7 TDA7:4 :•r!1 Ntnt 1'Yr•.., i r. . . _ © CMP opsrater same 4am+ywwM�. !� . •••••••••.��.�•• •- Opole"#No. Cba C�tdat eat or o"461iew lei” (Anaamob '-..Ma ytatw-w•-•mom.) moi. Pre.,oas Far P-d approval date If Mod(or prior$01.1 asmbr)A-. Z3_ e•� - :.� APR IV 1973 RrilAR7<i: AYTN RI ATIN aT IIRa MOPERATOR Tile vdsrdaaed ee"Aflaa.bet as above afloat L satb Usill to trsssport the above epeolfted pereesleae of the allowable oil or pas pgAroad ham the aurae described prop_..)Is aeeadasse with the roaslauone of the Railroad Cmealssion of Tessa,sad that this aateorlaatios will be eaUd smUlattlior soLLeo or wUl casnlled by the Railroad Cammalestea of Toss%.and the artdenldaed forte► -too- teal the 5%Z= all poles,re`alatlona,attd stdem of tb Retire"Cowmtaatoa of Tessa heea lees eampWO wWtwo report Prarmit Coyle OPRRATOR BANK CNAMO■ (AMa�ledt�mN nga{fad M w e�wf+.l Tas�w.loerl b+s utp so the sbw p oohs. Addn.a_..� Tfue CW.so" Area�CeeN a a$Ip Os& Data�_ Trtsplow Pik�.._..,_..,,. s i L'Elvec r.li.�. t� •a:�.r Tnl! ��. i FMSTRUCTWMl .. 1. Each and every operator of oli. Ras &Woe eoedeosete.padeeing properties is the Site of Texas shall tale with the proper RRC District Office three (3) copies plus an additional copy for each gatherer shown on this fora authorising the gotheret(s)(whether himself or someone else)to transport the oil.Ran and/or condensate from Ibe properties of such prodoesr. 2. Authodsation is required for each person or gstheter transporting oil. gas and/or candenste host is oil lanae or Ras well. In the COW of a split ooasctiom, the psaeetago of oil,gas and/or coades- sate each gatherer is authorised to transport shell be shown. �_.'...3.. Eseh opeiatoc shall flle.s.scpssste fonslor.cscb pil.lcsse_or��we)1-INtlas��l.wesariao.e g�eLetea W this oil lease or Ras well on one foist. Effective date Is "Ind. to be shows on all chasm. but not mrcessm on a sew lease or well. - 4. No oil, gas and/or condensate shall be moved frost any oil lease or gas well until this form is com- pleted and filed with the proper RRC District Office. After the RRC agent In charge has approved this,tam. two(Z)eoples'wltl be retained by the RRC ;' sed the remaining copies will be distributed to the producer and to,aaeh gatherer. J,. S. After on operator has filed this form with the RRC, thereby establishing himself ss the comet '.' operator, it shell bind said operator until cancelled by hist or avob d by the RRC. A am Farm Q-4 shall be filed if there W. *(a) change in 'oporetor.- (b)" change' In 'gstberer(m). '(C)ehsmve In field raw. (d)change Is lease east*. (e)consolidation or subdivision of lesss(s).or(1)aathortsatioa +. to transport production has been cancelled by the RRC. (when consotideritg or sub-dividing, attach to each copy of Form P•1 o CC Farm with a BEFORE end AFTER plat of lease showitg chonges. plat should show distance to lease line dad between wells dints with proration unus assigned If «redpr is IN the Ileld*s etletduoa fonsuld.) 6. If this fors is filed bemuse of or includes a change In operator esme. the sew operator will be the current operator and will execute this fors. The pop e limes order "Indicate Porpoaa of Filing' shell be checked and com ploted. Authorisation to the gotberer(s) shall be by the sew or current operator. The previous operator Is required to owde the"Llpormloi('lame Cbjq iels;eil.d� } before the RRC wcor& will be clanged. 7. This outbmrisatioa stay be revoked by the RRC at any Ohne for fsUute to oomply with the oil and .easenmtion laws of the State of Texas sad the rales. tegulatiaes and otdere of the Railroad `'' -. � Cowissiae•d Tessa. NOTs: Fa1Nt1 OF FOM WS (MOAMZAT10N $gam 31DWM MUCT OPERATING MAKE M RI WRSD FOR ALL 14M OPRRATOR3 AND/OR a*GAMZAT" CNANOs3. 32 IMI M (3PACM 13 Trig LDtITAT10N FOR OPRRATI G AND UMM NAt M AB• 1IRRVIAMN3 SHOULD I1N USED IF NZCWARV TO CONaO1D3.410 THE.LMMAIM. h . x? n r ' ��r 0. R W1D COMMISSION OF TEXAS pluu a see Ott.AND GAS DIVISION Form W-3 � w.. oil;•� t RMC Ih•tt�rt FILE IN DUPLICATE WITH DISTRICT OFFICE OF DISTRICT IN WHICH W LOCATED WITHIN THIRTY DAYS AFTER PLUGGING kw+►.: "'" oo ?. O-NAM (ss per RRC Ree„rds) t. 1 AI !1'Yr,It t of-it NWMW. �o41R S�y��EOf7...�/�►ft/Vp .........._ �_,..^_' R�.YuNtA!!� .. _ . .. . ' . . ... ""�'."�-------•--....�„� �� l o r, „sir _..�....,.. EXXON CORPORiITM Nvecss s ADORE" Is h.l.�a.0:ll■s _ WILSON TOWER, CORPUS CHRIST4.TEXAS 78401 1i• e {VRRACK Dole 40CATION �_ I ___ _......�, _..._......... ........... 1t r1 Qe{ 330 _r!!T PROM __ti {�''�� LINl.ANO _S40 _ r!!T_FROM •. tag TION.V}LOCK.AND fit? V lIT •t 1 note IDrll}lINS Kowa Du1Mff ♦ IN4:INA4, A&VI SIOPI _ _C�0�'�i0 is. Type a wen(oil. ft)• ls.:Yoe el capplelies N3r4+. OM.4 lie. .. . w _ ��. Tovel 0891h 14. Da•ii•If vi ed _ X14 .�. _._.��.___.�IN�<<.�,.- •- ...._ .....�_. gals. ...1_. ../O`ZI•'�(ra { F7 ; /ORM M.1 (latewuew'e DN13) /lice In Naw at ���•'�� HUMBLE 01L & REFINING CO PLUG •1 . .` 'LO SACKS TOP--—I!M40_.__.SOTTOM _�,,,+A"„67 7 TY>r! t1AAll K PLUG 42 SACKS TOP�..,.�..�.�.'A��._...BOTTOM.._ L A_ _._TYPR`444IY..._.. PLUG 03 _..._ ...._ SACKS TOP_.__!°pt_..._..$OTToM..._... ! t aq . _ TYPr c4A...s_N� PLUG 04 �.�� __.� SACKS TOP _.._._s BOTTOM .'..TYP! �C i 16 lies Mpll filler with MW-Lov Mid, YES ( 21.How loss M 1 w I jIe�d i a the rpulsri.es N Ike '� �/ 22 Mw De��i .1FteMede�3a.ss _ LflsraAL — r>; � NO.-llsji� MlYd .11 OOs onhiLti � 8NIITa O _ ^99RCwss to to W4 AN.N•et Potty P10"wo M 1 F,sif o,. usda. s�,N` ?oaAW)L i,.Ce.lw,,Mi Tobin;Roewd slow PI,IftiM PUT IN WILL _ LIFT IN nlLL SIZE •� it !T ._._ 9NCNLIi _ /!dT INCNlS lbf.$L,till _40- MIT- 20. NMe•Md A/rle•aN e4 SwINs Oth er el Well Sifts"Opaaars 0104/•a P»doelM Loose. ".. . !• A44FA"—AAL 4dah. .. ._ !/�MT� Ore. �� it f#tIS �IGFP .�tli�3_rirs!ltd►s�__�__ _. _.._....__._.__.__. _....�._._ El vs n ._.... .._:�.__::.: .__.. ...�.._ _... ....... ...... 0 — - _ wr.+._w.r..�_....w.+wwwa..rwn._..+.w.�.w...r._...._.rr Mr._—........ .. ......__.... .._. ... ._�__r 7c mss,me""ebrw 1e4si►p"O"te•sseh s1 t#e dote and RRC Olesset whavlo .•• .�. .- 1�D.Y.�_5..}L}' ••'••.•» deelsre under pen.ltled presaillod 3n Article 60d6e, R. C. S„ that I sn, authorised to eche this repptt. that this 11, wasred Oy 00 or u1Wer MY supervision and dina•tlan. and that data and Is.t• stated tbdpin are , compile • comptote, to lite best of my knowledge. i1111D�t COWL .�. -- _M.PRORATION SKCIAWT O COMPANY .__. TITLE .. DATE 0b CkU.,jO�e.• !• �O.W wh#,Jf&netJf "w!e1i PL •IoF•+ P 0.1tt.... ..' ;.�,r�•o•..,...a r., y•: . . _+ e.•r. .• .....N�r.•.� '. !1lastswt 1tlPRs>14RIrTATIvi OF RAILROAO'COMMMIOII f •All tM►ilslse, Fill IN RsvMM Sirs. • 't�t so oar Orp Holo..Ole Fes mot M 044000wed for NSRw•Or111SM'.,411mot#4 Rdue«rlwrlr m MwNl..l/f«Ns Logo sock Lee wwr be r.l«ed»• �r�lmt L"br+l.w n LM«Mshd C Lot Nl.«d to .. . . ..._....... _....�. Ooro T"q Logo, 0"fees Q ilonrl. []Rdl«tralry L]Asw.rltol/loNs RefiiARKf /dN*S•ice, Cgumt cof OFi $0 MAW rellouvo i �0� 'f)Mh'�s r NKii:ll' IEXIfi' �� �� S• t_ ! 1 !. 1 I � 'J t"!i ►s AILROAD 'COMMISSION OF TEXAM Form 1 .15 OIL AND GAS DIVISION .It.. It't•�) C,F11E \ TI \ l; REP0ItT KIRC ex �3. operator . MON • . l1 $9 )am*MC-wN er (s) •i-YdT��_ .._� r •.•. ) - 1 F111181116' Ie�lw6 ��• �1V1.1/��1 . ` ;;:e;; a ;. .: t SURPAC! INTlR• PRODUCTION NULTI•STAG! CASING CtMlNTING'OATAr' MlOIAT! CASING C1161WTING FROM$ sASINo CASING • • ., • � 4 , . . . Hi1�i a ►Irsll'slsSMn • TIII Shoe -a. .c.wawels ort. «.`v• •� .. •• •o. .(ysl .iCD�flt,,01e`(LlitMaS.!; :�: ;',•: .,: .t.::. .lb) �.uta.t.a�►tr..p:or.N�l..�*41nL..nt v..a.ln, I •Crla.btlona. •I0. Clan a1 C8304 owbo'O O.D.) oil. T`p.t tet�.r het ttat!®!tq'Q7t) eta. 11"W4 D"i`.it <aI nem ,ase• M nwrraa• IPar1� .., ._. (a)4 Third Shffp •. (+)pi be O.sail)w iaitV (b)in tread drug► t�QZrlri�Mttr It IMf Oad 01 Tun 07 V� /r apes C111. ,(�)!l Mead tiMrq► .. . '.(a)In baa( )or (b)1%sees"11111117 �(h In Valid 2". (d)T"stmt. %%babe t#tlgtl"(�t1.h.) •fir i b:t► Irti « ssast J b P4•((�.) We• («bNtan It eattPrS eaatll�l(ttgo N NI) QMRI CIARNTWO-70 PLfi AILD A MO N DAT4 PLUG N0. 1 PLUG NO._ PLUG NO. S PLUG 410. 4 PLUG NO. S PLUG NO.• . . .1�.C.:.:IU.0it.. . .. -. . • . . ... . .. .. l 6 0•� 1ozo- 6 1021- 6 N0. tease rt heti-6r:Ph*'Is:w41eb*f.t•,ll4�d o4ebaw.- R20 021. Diel►t.Selma eL Mffi)A AJIR- -:;:a• Ri 1., ? �./Q9 .. iW, slat"Val\r pumped(Qh 11.) `�1� �•� r�•y M7 I i+. cala+It11ta0=fflees M•;.. . 1 100 _ 4 s. te...tweT•rutAl >N�wO(rels:^•• : .tr .. .t;,; 1109 (CINK147 QIG COMPANY AND OPERATOR MUST COMPLY VVH THE TRUCTIONS ON RKVZRSK SIDE HERCOV.) • ovelf"fes ltaa>r to be venat"Od b Opawlar.^hear. sae N Msilksatad Omit be eamoletwl by Caiaartlrtt C1.wp.wr 26, Remark{.: •27. Repeeks: Plug k1 set by Wlibarloo b eQoeezed ldrooga perforations at i CSJhgMTING C014-PANY IOpSRATOR •1e.•:dr•Moder penalties proscribed in Artleto 40,14e.R.C.s.. 1111411 l an 1 declare under perlatllss proscribed in Antalc"J".R.C.L. that late w«thoniM to multe this eonlfle•tlon.that the teaentMe of*@Gone mWer, aWhsrived to woke this ssrlheatlen.Ileal I have keowtedme of We well dela rhe y:..•Iwd..I eomont values In this well as shown In the roger wee and Infon%olten presented In this ropers.and l461 data end ratio prosent@d yerl..r�..t by rete or ands►at o"Orrielen,and Shot IM tMMtkle data M bath codes of this tore are Inlc,comet. Ind complete to oho beat of ow.l twat*presented on Doth aides of Ate forty @N INe.*erN*t.atA ay brtwl e. Thi•ye•Ilhrelion ,•-Tore all{reit stood anti rwfermt•Ilwn ,•..wlPler•I.the bast of ay bwewtedp. Title cortlflcellen rovers pr••ensal *rein. .••w.e+los.lata �s#nG-1-50000 _ f I .41 %tut.of eMeAl. e*d Representative • ennsurc of Operate AuihoNced rrcen/e11eo He Be Fish 31""61lat �----- ii1om GO><ItE PRO CAI, SP �I.ALI" � Name A Person and Title(typo N pNwt) •{tame of Person andToile(typo or print) t,s', •,i 'A f Fish Oil Well Servioila-Co. � �( QRAIION G'eraewtloe Cestpany •Opea@ter Po O_. Boa 1057 xlre•t Atlases or P.O. sot -•R *t11noeAddresi ui P.O.Vox I8ew-ville9 Tea* 78102 WILSON TOWER, CORPUS CHRIST41TEW 78401_ Cllr. pule itp Cede •Chir, b1iN son GN Telephone _ 2 KHephawc.���y i IN-W"?l Area Cede Arse Cade •dole INSTRUCTIONS 1. A. This form shell be filed by the operator In the RRC District Office with: (1)Each copy of an initial Fore 0.1 or N•2 It• cementing report is required by Statewide or Special Rules. or It exception Is needed ti to cementing requimm4mts In Statewide or Special INlest (2)Each copy of Form X1.3; (3)Eat-h copy of Fom 00-4 It• multiple psfallel easing completion. Ir. At trout an original and one copy of this torn shell be filed for each cementing company used on a well. C. The cementing of ditIm mt caslog strlags on a well by one cementing company stay by consolidated on one form(to be tiled in duplicate). 2. Cemestlnit Company anA Operator shell comply with the applicable portions of Statewide Rules S. 13. and 14, For offshore operations. CommUng Company and Operator%hall comply with Statewide Rule 13(E). 3. If setting PULL AMOUNT OF SURFACE CASINO: A. Depth to protect trash crater det•mi"d by. ill Field Rule 0)Tetras rater Development Word. if ao Field Rule fl. Set surface casing below depth to be protected and cement from casing shoo to ground surtsee. 4. IF S6TTCIG ANYTHWO OTHER THAN THZ FULL AMOUNT OF SURFACE CASINO, PERMISSION SHALL BE OBTAINED FROM THE RAILROAD COMMISSION. .4. If oetl.ng NO SURFACE_CASINO,(See Item 4 above.): A. Itnoi shge tool Is used. ton next dospn easing string shell be eaatented from the easing oboe to the surface. ftIf using the multi-stem toot on the next deeper @trio& cement from the depth that protects fresh water%made to the surface. 6. it setting SHORT SURFACE CASINO,(See Item 4 above.): A. Cement short at rWat tufag floe the shoe to the aurtam. B. Mother the multi-stage tool Is or is not used on the next deeper casing string, cement from the depth that protects fresh water sands to: (t)the surface. or (2)•point midway between shoe of surface string and the surface. Compliance will be considered It a temperature survey shows that the top of ton cement is at least one-third of the distance from the%hoe of the surface string to the surface. 7, tiottihic PRODUCTION 2TRIN0 of CsaUgt (Statewide Rules; Spoelal Rules may very.) A. Cement to a point at least 600 toot above the casing shoe. It skbe 3.000 toot or sore of pipe is set tot the production or protecting stelae. a minimum of 30 feet of cement @hall be left Inside the pipe. a. NLUGGLYO and ABANDONQ10: A. Cement plugs shell be plated to the well bore as mquited by Rules and Regulations of the Commission plus any •dditlonal plugs ss way be specified by the RRC District Dlrsetor. 1% ?be intellects asew at of cement in each plug shall be a elwq veto"• o the amount necessary to fill the esicuhted valuate of 100 tees of eon hale n. pass Is piece& C. A l0 toot cement plug Is required to be y1694d in tits top oft ton well. w OAD COYWSSION OF UXAS � Form W-2 Off.AND OAS DMISION M.s 1 1% Art 7 NMC Dloatet aF. OIL WELL POTENTIAL TEST _---- ,CO1AP ETION OR.RECOMPLETION NMU AND LOG =093S . FAPr I MASS)V =. :. r.�t N .. NC J. IO.�Coanq EXXON CORPORATION N WC s. "DRUG .� I t.fto"goof Test wltsealONLt� fV � P•ro ►Ie1C &YM s_ f OPeeat W WAS etiseR•d Within 1046 at1 D•so a fbf§W Ot orsrN _ _ _._.. _ ..._......_. .. . Retest a• LOCATION AlletUan.Oi••ls,,and 91NOW") e V N 16i.VFf 4 #VC/NAr_ 1Vi��i0l JO!V ReduO M tr n..r......-a+•.rewwr YIeN(wlrh 1111eee4wetr) • t7`Type of R1MtN!O.MIM Los no�_.._.._.. t• e8- • secu00 I POTENTIAL TEST DATA 1!r 04%•f Test, la.M&-efNews Tested 17.�r• ITI*•049 Pftw$ Wo Lift.J•n1op, Pwwlnf� IA.ChAe Sims rise M RreOroeoa for Test Oil-'BRCS cis..MCP Motor d - OLS I hes-011 R•N0 Plo.lo7 T„Ma oq P.Oesv Pod" 1�6 3433yc._ .. Go—i So Pal 70. *feel r�dd 2l Nwr Oil..991.3M Eos +MCP Mme. aS�s allWe•ity _ API's{0� C:Nq io.wre R•ro `;O X041 r I Vp _..l_._ �Zr - .`_�_ PSt =1.Mss 3wber ArNflsfel Flowdng.Oavlsatls•d OoNws2=..OII►redvs•1 Prier to Test(New A Rnreri•d Wells) � 1d. Inlatrlsw fres.011 ehlo TeaA Ti• LW 04.0 4 a N�O.~1 M14 itT(.l._i..T sHOUL.OwD_r.ON. 1R_j. NLlSi OTHERWISE i.P...I--.C..I..M.!I!_OD_N_.I`I..GLD 1114L,r.E..ir���..-.�..•_.._�_��.__ .,�t_'_....�.w INSTRUCTIONS; All potential test Foran. with ell Information requested thereon filled In, shell be Cited In the Dtstriet Office of the Railroad Commission not later than ton (10) days after the teat is completed slid. should the operator fail to fife potential teat in an acceptable form withln•the ten(10)days •s .peelt fS•d.tben the:effective date of the allowable resulting hots such test shall not *stand back more than ten "(!0) days prior to recelpt acid acceptence•of the potential tent Mora In the District Office. Tbia Ton-Day provision shall govern regardless of wfiether the-potential test Is taken during the month in which it Is received in the District Office or any prier month. Fill In only the front of this Moro when reporting only a potential test; it well is needy completed of teeewpleted. fill to reverse, side also. EACH MI ESS MUST PERSONALLY SIGN. Wo. tit undo this test, by observation of Ismer readings. or the top and bottom gsages of each tank, whichever is WIT Iicabler b t 1 stat daring duration of We test. 13,x'-1�P���rt • • �. ....,.._._.._-� Sip.etn.et CPR TATIVE OP COMPAM MAKING TEST OP RAILROAD COMMISSION 4ste4,0�Is�t Opeslt♦r�Nat1f1e1e Dere el Neviflseti nt • 'ms's" 1'Osef fr!ttflda�psi4Rhwe pfeseribid in Article 60abe. R C. L. that I M sathorWd to wake this report. . .. Uw,11tle.rapest,was pspars I by we ar brat til, supeevisiae a"dlraetios. red that data red roque stated ... :, t>tuoiw.41M troe.•:eewaetr•wad complete, to tM-bsKsf a4 knowledge. AL,J— zz- R TAT170?COMPANY TM6 DAT! I RltlARtti` f1iCTfON N _ _ DATA ON WILL COM/LITTON AND LOG(Net Rewlte/OR Retool) 24. Tvpo of Csaplelwne W. Dote Pondt lowed New Well ❑ Deepening =1 PIN Red ❑ DOW ❑ i1 26. Neuf*at toomleo to two ship well woos 9116d In Natas of fit• II f►eetat remit.OI+e Pop"t telllrlet 20, Nvsaer td PvMtettp Nolte on tate Leese in 1!. Total Number of Aures 111 this Lease TMs Field(Roservete)looNMh►d this Well 10. tae Pl.td diaeY.DewettMd, 'Ctsrwted �Ce.�le>eA t'Olelewte to N1e••et f•11, de.se Lo-960• Reeervell t~erY psN do Drilling ON moo: f ' /. JZ Location of Wall. RelNteo to Leese Boundaries .r..._ .f!.ease e.+url.trh thio Well to Loeated l_ . ...._.__.../Rpt lit Lome hit+.. .........(_....._. ..�.. Lino el The J.1 Ittevelwo iOr, itKh, woo.40. ItT0 i 34.Wee Otw.taalel Tss No 11 dervov Made �. ; i J!. Top of RepI-�IJs. Total Death IJP. PJ. OeptA 'ar,� �—....___.. ...__..... .._..�_.__.r...___dwfeee Goma t Ree eMw slb■f Tessa t.. Meld Nnro lsd COOMMeeteh �-) _L DobatOhlhed But I�Xs�DoveiopAMt OeNA •._l Rules :_! (spatial) so• to Bolt tlulttple Cetplettews ie0.if Multlota CawplelNit -T I.11. lMervsis r ReNrf Toole CsNs Tool List All Noseweu Newee t • Yes ;> Ne 1_.4 ( te"W10166"Se in Ohba 9e11) J Sri s?, Nowo of 6 t11i1nd CsRrretlp• Cnwentihd AfdavtO AObaehe.l• _ _. ....__._.. Yoe L-' Alto ---_ ��. _. CASING RlCORD(Roper f AIIStrlsds f,tO i.t Nsll) _ _ _ Cos.sO Msldht LR'/T. - --- �Depth Set Nele Site Cementing Retard Mewtt Pulled _.. �. 1�a LINLR RECORD _ 0o�! i cv.eewam, _ Sprees TUBING RICORO /N�1101h�(hlNeel(Ohiotootplettos)inditeteDopthelPerlerotieasetOpenNele 41 Pkekn Sai--- .�'.t1�-... .... Ftw. TOO Ftew To _._ ... ..._. _ drew _....... ........_......- ---Te...�_...---•---_ _-- ed, ACID. SNOT.FRACTURE,CININT SOYIIZI. ITC. Depth IiNerwl _ •Awwst pooh Kis!01 Merotlel vopA .��OY cloyZs�«x,400 ����i�?.�E�wc�y ,va_ �C•� arc FORMATION RICORD(LIST ORPTNS OF PRINCIPAL GIOLi I MARKIRf AND FORMATION TOPS—) /essetlenp Owls OOs�i1Ns� TDpth REMARKS.- G_,r/iNEo 40T A161.4. E•f 0:.,2 :52 �,p� LL.CMNs+w RAILROAD COMMISSION OF TEXAS IYRON p 01L ANO GAS DIVISION ,11 C. LAMOOON.tMnlsslw� A�TNY�N. l o Chief Clgl•*"�s. HN RAMT.Cssmulsslw. JAW:C.ROYLOIN Direst"of/N/11a11Aw sw/irereasw r R4NCST O.TNOUPSON OYILDINO O CAPITOL DATION. 0.O.DRAWN* I2061 • AYBTIN. T6KA2 poll Nbrvalry 27. 1973 Frown Compal wilco Tower COW Christi. Texas 75401 Gentlemen: This is in reply to your letter of ?*:rusry 21. ID73 requesting an exception to the 1000 I-Oil ratio limitation ! your K.I. 0W.CA tipper Field;"�is county, xa . it is understood that all gas produced from this wall is used either for gas lift or sales and none is flared. In view of the. above, the Commission hereby grants permission .as requested. Yours very truly, James C. Bouldin Director of Production and Proration JCB/ cc RMC _'CorPus CWSti COMPANY U.S.A. VVI Oto 1YlR•CORPOS 0011STf.MAS 76601 // ��� ,• PPDXCIfON $o �7► �fRCNC ytM AS IrY!AtOh �S February 23, 1973 Exception to 10,000-1 Input Cas Oil Ratio Rule, W. R. Duncan Well No. 1 (00835)9 Flour Bluff, last (Massive OP.) Field, Nusces County, Texas Mr. Jews C. Bouldia Railroad Cooisission of T"m P. O. Draver-296 Capitol Station Amon, Texas 78711 Dear Sir: We respectfully request an exception to Section 7, Article 6008 of the Texas Civil Statutes in order that the subject Well may be gas lifted at an input gas oil ratio greater than 109000-1. On a 24 hour test recently taken, the Well produced as follows: Barrels of Fluid 92 Barrels of Oil 6 Input Cas Oil Ratio 25833 Formalon Gas Oil Ratio 34334 Output. gas Oil Ratio 60167 Casinghead gas from this Well is processed through the Flour Bluff Cas Plant. Your$ very truly, 00 ION rady le Pronati Spec alist, South Texan Division Exton COMPOWr Q.S.I . (a division of Exam Corporation) • GRJ/ugh cc: R. J. Lose t�A VD► aereou w eo�.ow►rof+ Exhibit I Water Well Report GeopSearch On time.On target. In touch:" GeoP/us Water Well Report GeoLens by GeoSearch Target Property: Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Nueces County, Texas 78418 Prepared For: Hanson Professional Services Order#: 157276 Job #: 383805 Project#: 19L0247A02 Date: 11/16/2020 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 Table of Contents Target Property Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Database Radius Summary . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Water Well Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Located Sites Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Site Summary By Database . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Elevation Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Environmental Records Definitions . . . . . . . . . . . . . . . . . . . . . . 28 GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 Disclaimer The information provided in this report was obtained from a variety of public sources. GeoSearch cannot ensure and makes no warranty or representation as to the accuracy,reliability,quality,errors occurring from data conversion or the customer's interpretation of this report. This report was made by GeoSearch for exclusive use by its clients only. Therefore, this report may not contain sufficient information for other purposes or parties. GeoSearch and its partners,employees,officers And independent contractors cannot be held liable For actual,incidental,consequential,special or exemplary damages suffered by a customer resulting directly or indirectly from any information provided by GeoSearch. GeQSearch www.aeo-search.com 888-396-0042 Order#157276 Job#383805 Target Property Summary Target Property Information Laguna Shores Redhead Pond Phase I ESA Corpus Christi, Texas 78418 Coordinates Area centroid(-97.286787, 27.6428712) 1 feet above sea level USGS Quadrangle Oso Creek Ne, TX Geographic Coverage Information County/Parish: Nueces (TX) ZipCode(s): Corpus Christi TX: 78418 Geq)Search www.cieo-search.com 888-396-0042 Order#157276 Job#383805 1 of 30 Database Radius Summary FEDERAL LISTING Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) NWIS 0.5000 0 0 0 0 NS NS 0 SUB-TOTAL 1 0 0 0 0 0 0 0 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 2 of 30 Database Radius Summary STATE(TX) LISTING Acronym Search TP/AP 1/8 Mile 1/4 Mile 1/2 Mile 1 Mile Total Radius (0-0.02) (>TP/AP) (>1/8) (>1/4) (>1/2) >1 Mile (miles) SDRD 0.5000 0 2 13 3 NS NS 18 TCEQ 0.5000 0 0 0 0 NS NS 0 TWDB 0.5000 0 0 0 1 NS NS 1 WUD 0.5000 0 0 0 0 NS NS 0 SUB-TOTAL 0 2 13 4 0 0 19 TOTAL 0 2 13 4 0 0 19 NOTES: NS=NOT SEARCHED TP/AP=TARGET PROPERTY/ADJACENT PROPERTY GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 3 of 30 Waterwell Map ]x: j 1112 Mile 07`� 0 1 (31a O5 1 �4 ♦6 Target Property(Tp) Laguna Shores () s®R© Redhead Pond ♦ TWDB Phase 1 ESAw1 �_E Corpus Christi, Texas 78418 S OWOO -Woo' 3000 SCALE:P"=2000 GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 4 of 30 Located Sites Summary Map Database Site ID# Relative Distance Site Name Address PAGE ID# Name Elevation From Site # 1 SDRD TX256606 Higher 0.031 mi. DUNCAN CEMETARY TX 8 (7 ft.) NNE (164 ft.) 2 SDRD TX25161 Higher 0.104 mi. NE PITTENCRIEFF 346 GRAHAM RD.,CORPUS 9 (4 ft.) (549 ft.) AMERICA CHRISTI,TX 78418 3 SDRD TX73755 Higher 0.134 mi. NE FLOUR BLUFF ISD WALDRON ROAD,CORPUS 10 (4 ft.) (708 ft.) CHRISTI,TX 78418 4 SDRD TX133065 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 11 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133073 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 12 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133078 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 13 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133084 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 14 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133086 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 15 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133090 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 16 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133093 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 17 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX133094 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS 18 (3 ft.) SSW NAVAL AIR STATION CHRISTI,TX 78418 (1098 ft.) 4 SDRD TX96825 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI, 19 (3 ft.) SSW NAVAL AIR STATION TX 78418 (1098 ft.) 4 SDRD TX96828 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI, 20 (3 ft.) SSW NAVAL AIR STATION TX 78418 (1098 ft.) 4 SDRD TX96832 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI, 21 (3 ft.) SSW NAVAL AIR STATION TX 78418 (1098 ft.) 4 SDRD TX96836 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI, 22 (3 ft.) SSW NAVAL AIR STATION TX 78418 (1098 ft.) 5 SDRD TX305227 Higher 0.298 mi.W JOE WILSON 2017 WALDRON, FLOUR BLUFF, 23 (13 ft.) (1573 ft.) TX 6 TWDB 83-22-903 Lower 0.453 mi. EAST FLOUR BLUFF 24 (0 ft.) SSE STATE WELL AA-1 (2392 ft.) 7 SDRD TX173177 Higher 0.457 mi. TERRY DEFPARD 1810 EMMAUS,CORPUS CHRISTI, 26 (6 ft.) NNE TX 78418 (2413 ft.) 7 SDRD TX176585 Higher 0.457 mi. BOB BEAURGARD 1817 EMMAUS,CORPUS CHRISTI, 27 (6 ft.) NNE TX 78418 (2413 ft.) GeQSearch www.aeo-search.com 888-396-0042 Order#157276 Job#383805 5 of 30 Site Summary By Database Map Database Site ID# Relative Distance Site Name Address ID# Name Elevation From Site 1 SDRD TX256606 Higher 0.031 mi. DUNCAN CEMETARY TX (7 ft.) NNE (164 ft.) 2 SDRD TX25161 Higher 0.104 mi. NE PITTENCRIEFF 346 GRAHAM RD.,CORPUS CHRISTI,TX (4 ft.) (549 ft.) AMERICA 78418 3 SDRD TX73755 Higher 0.134 mi. NE FLOUR BLUFF ISD WALDRON ROAD,CORPUS CHRISTI,TX (4 ft.) (708 ft.) 78418 4 SDRD TX133065 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133073 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133078 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133084 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133086 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133090 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133093 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX133094 Higher 0.208 mi. CORPUS CHRISTI 1731 D STREET, CORPUS CHRISTI,TX (3 ft.) SSW NAVAL AIR STATION 78418 (1098 ft.) 4 SDRD TX96825 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI,TX 78418 (3 ft.) SSW NAVAL AIR STATION (1098 ft.) 4 SDRD TX96828 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI,TX 78418 (3 ft.) SSW NAVAL AIR STATION (1098 ft.) 4 SDRD TX96832 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI,TX 78418 (3 ft.) SSW NAVAL AIR STATION (1098 ft.) 4 SDRD TX96836 Higher 0.208 mi. CORPUS CHRISTI BUILDING 305, CORPUS CHRISTI,TX 78418 (3 ft.) SSW NAVAL AIR STATION (1098 ft.) 5 SDRD TX305227 Higher 0.298 mi.W JOE WILSON 2017 WALDRON, FLOUR BLUFF, TX (13 ft.) (1573 ft.) 7 SDRD TX173177 Higher 0.457 mi. TERRY DEFPARD 1810 EMMAUS,CORPUS CHRISTI, TX 78418 (6 ft.) NNE (2413 ft.) 7 SDRD TX176585 Higher 0.457 mi. BOB BEAURGARD 1817 EMMAUS,CORPUS CHRISTI, TX 78418 (6 ft.) NNE (2413 ft.) 6 TWDB 83-22-903 Lower 0.453 mi. EAST FLOUR BLUFF (0 ft.) SSE STATE WELL AA-1 (2392 ft.) GeQSearch www.aeo-search.com 888-396-0042 Order#157276 Job#383805 6 of 30 Elevation Summary Elevations are collected from the USGS 3D Elevation Program 1/3 arc-second(approximately 10 meters)layer hosted at the NGTOC.. Target Property Elevation: 1 ft. EQUAL/HIGHER ELEVATION Map Database Name Elevation Site Name Address Page ID# # 1 SDRD 7ft. DUNCAN CEMETARY TX 8 2 SDRD 4 ft. PITTENCRIEFF AMERICA 346 GRAHAM RD.,CORPUS CHRISTI, 9 TX 78418 3 SDRD 4 ft. FLOUR BLUFF ISD WALDRON ROAD,CORPUS CHRISTI, 10 TX 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 11 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 12 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 13 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 14 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 15 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 16 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 17 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR 1731 D STREET, CORPUS CHRISTI,TX 18 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR BUILDING 305, CORPUS CHRISTI,TX 19 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR BUILDING 305, CORPUS CHRISTI,TX 20 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR BUILDING 305, CORPUS CHRISTI,TX 21 STATION 78418 4 SDRD 3 ft. CORPUS CHRISTI NAVAL AIR BUILDING 305, CORPUS CHRISTI,TX 22 STATION 78418 5 SDRD 13 ft. JOE WILSON 2017 WALDRON, FLOUR BLUFF,TX 23 7 SDRD 6 ft. TERRY DEFPARD 1810 EMMAUS,CORPUS CHRISTI,TX 26 78418 7 SDRD 6 ft. BOB BEAURGARD 1817 EMMAUS,CORPUS CHRISTI,TX 27 78418 LOWER ELEVATION Map Database Name Elevation Site Name Address Page ID# # 6 TWDB 0 ft. EAST FLOUR BLUFF STATE WELL 24 AA-1 GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 7 of 30 Submitted Drillers Report Database (SDRD) MAP ID# 1 Distance from Property: 0.031 mi.(164 ft.) NNE Elevation: 7 ft. (Higher than TP) ID#: TX256606 TRACK#: 256606 DATE ENTERED: 2011-06-14 OWNER NAME: DUNCAN CEMETARY OWNER ADDRESS: NOT REPORTED FLOUR BLUFF,TX NOT REPORTED COUNTY: NUECES LATITUDE: 27.642778000 LONGITUDE: -97.289167000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2011-06-13 STATIC LEVEL: 18' DRILLING DATE(COMPLETED): 2011-06-13 WATER LEVEL DATE: 2011-06-13 DEPTH DRILLED: 63' TYPE OF WATER: GOOD TYPE OF WORK: NEW WELL PROPOSED USE: IRRIGATION COMPANY INFORMATION: COMPANY NAME: MIKES DRILLING AND PUMP SERVICE COMPANY ADDRESS: P O BOX 1473 ARANSAS PASS,TX 78335 Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 8 of 30 Submitted Drillers Report Database (SDRD) MAP ID#2 Distance from Property: 0.104 mi.(549 ft.) NE Elevation: 4 ft. (Higher than TP) ID#: TX25161 TRACK#: 25161 DATE ENTERED: 2003-09-04 OWNER NAME: PITTENCRIEFF AMERICA OWNER ADDRESS: 346 GRAHAM RD. CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.644722000 LONGITUDE: -97.283611000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2003-08-06 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2003-08-06 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 13' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: ENVIROCORE,INC. COMPANY ADDRESS: 6913 MEAOWBREEZE PKWY. CORPUS CHRISTI,TX 78414 Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 9 of 30 Submitted Drillers Report Database (SDRD) MAP ID#3 Distance from Property: 0.134 mi.(708 ft.) NE Elevation: 4 ft. (Higher than TP) ID#: TX73755 TRACK#: 73755 DATE ENTERED: 2006-01-09 OWNER NAME: FLOUR BLUFF ISD OWNER ADDRESS: 2505 WALDRON ROAD CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.645278000 LONGITUDE: -97.283611000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2004-04-08 STATIC LEVEL: 10' DRILLING DATE(COMPLETED): 2004-04-08 WATER LEVEL DATE: 2004-04-08 DEPTH DRILLED: 168' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: INDUSTRIAL COMPANY INFORMATION: COMPANY NAME: MARTIN WATER WELLS COMPANY ADDRESS: 2151 NORTH HIGHWAY 77 ROBSTOWN,TX 78380 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 10 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133065 TRACK#: 133065 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-11 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-11 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 17' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 11 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133073 TRACK#: 133073 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-12 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-12 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 20' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 12 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133078 TRACK#: 133078 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-12 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-12 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 19' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 13 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133084 TRACK#: 133084 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-12 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-12 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 19' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 14 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133086 TRACK#: 133086 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-12 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-12 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 19' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 15 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133090 TRACK#: 133090 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-13 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-13 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 19' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 16 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133093 TRACK#: 133093 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-13 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-13 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 17' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 17 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX133094 TRACK#: 133094 DATE ENTERED: 2008-01-30 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: 1731 D STREET CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2007-12-14 STATIC LEVEL: NOT REPORTED' DRILLING DATE(COMPLETED): 2007-12-14 WATER LEVEL DATE: NOT REPORTED DEPTH DRILLED: 17' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING,INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 18 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX96825 TRACK#: 96825 DATE ENTERED: 2006-11-02 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: BUILDING 305 CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2006-10-25 STATIC LEVEL: 10.5' DRILLING DATE(COMPLETED): 2006-10-26 WATER LEVEL DATE: 2006-10-25 DEPTH DRILLED: 20' TYPE OF WATER: NON POTABLE TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 19 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX96828 TRACK#: 96828 DATE ENTERED: 2006-11-02 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: BUILDING 305 CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2006-10-25 STATIC LEVEL: 10' DRILLING DATE(COMPLETED): 2006-10-26 WATER LEVEL DATE: 2006-10-25 DEPTH DRILLED: 20' TYPE OF WATER: NON POTABLE TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 20 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX96832 TRACK#: 96832 DATE ENTERED: 2006-11-02 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: BUILDING 305 CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2006-10-26 STATIC LEVEL: 9.5' DRILLING DATE(COMPLETED): 2006-10-26 WATER LEVEL DATE: 2006-10-26 DEPTH DRILLED: 20' TYPE OF WATER: NON POTABLE TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 21 of 30 Submitted Drillers Report Database (SDRD) MAP ID#4 Distance from Property: 0.208 mi.(1,098 ft.)SSW Elevation: 3 ft. (Higher than TP) ID#: TX96836 TRACK#: 96836 DATE ENTERED: 2006-11-02 OWNER NAME: CORPUS CHRISTI NAVAL AIR STATION OWNER ADDRESS: BUILDING 305 CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.639167000 LONGITUDE: -97.291111000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2006-10-26 STATIC LEVEL: 7.5' DRILLING DATE(COMPLETED): 2006-10-26 WATER LEVEL DATE: 2006-10-26 DEPTH DRILLED: 20' TYPE OF WATER: NON POTABLE TYPE OF WORK: NEW WELL PROPOSED USE: MONITOR COMPANY INFORMATION: COMPANY NAME: VORTEX DRILLING INC. COMPANY ADDRESS: 4412 BLUEMEL ROAD SAN ANTONIO,TX 78240 Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 22 of 30 Submitted Drillers Report Database (SDRD) MAP ID#5 Distance from Property: 0.298 mi.(1,573 ft.)W Elevation: 13 ft. (Higher than TP) ID#: TX305227 TRACK#: 305227 DATE ENTERED: 2012-11-29 OWNER NAME: JOE WILSON OWNER ADDRESS: 2017 WALDRON FLOUR BLUFF,TX NOT REPORTED COUNTY: NUECES LATITUDE: 27.642778000 LONGITUDE: -97.294445000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2012-11-26 STATIC LEVEL: 39' DRILLING DATE(COMPLETED): 2012-11-26 WATER LEVEL DATE: 2012-11-26 DEPTH DRILLED: 163' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: IRRIGATION COMPANY INFORMATION: COMPANY NAME: MIKES DRILLING COMPANY ADDRESS: PO BOX 2363 ARANSAS PASS,TX 78336 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 23 of 30 Texas Water Development Board Groundwater Database (TWDB) MAP ID#6 Distance from Property: 0.453 mi.(2,392 ft.)SSE Elevation: 0 ft. (Lower than TP) STATE ID: 83-22-903 OWNER'S NAME: EAST FLOUR BLUFF STATE WELL AA-1 DATE DRILLED: 00/00/1951 DEPTH DRILLED: 6907' WATER USAGE: NOT REPORTED LONGITUDE: -97.285000000 LATITUDE: 27.635000000 SOURCE: TWDB DOCUMENT LINK: CLICK HERE GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 24 of 30 TWDB (TWDB) Page#1 out of 1 State ID:83-22-903 CROSS REFERENCE SHEET Name or Subject CR-GWT Date NUECES Located Well Data UB 83-22-903 Regarding Electric Log 'i i i} n; SEE Name or Subject GW-SC ! ELECTRIC LOG FILE Q-177 l jz �J is ' I .I Back to Report Summary GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 25 of 30 Submitted Drillers Report Database (SDRD) MAP ID#7 Distance from Property: 0.457 mi.(2,413 ft.)NNE Elevation: 6 ft. (Higher than TP) ID#: TX173177 TRACK#: 173177 DATE ENTERED: 2009-04-01 OWNER NAME: TERRY DEFPARD OWNER ADDRESS: 1810 EMMAUS CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.651112000 LONGITUDE: -97.284722000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2009-03-05 STATIC LEVEL: 27' DRILLING DATE(COMPLETED): 2009-03-06 WATER LEVEL DATE: 2009-03-06 DEPTH DRILLED: 10' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: DOMESTIC COMPANY INFORMATION: COMPANY NAME: MARTIN WATER WELLS COMPANY ADDRESS: 2151 N. HWY 77 ROBSTOWN,TX 78380 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 26 of 30 Submitted Drillers Report Database (SDRD) MAP ID#7 Distance from Property: 0.457 mi.(2,413 ft.)NNE Elevation: 6 ft. (Higher than TP) ID#: TX176585 TRACK#: 176585 DATE ENTERED: 2009-04-29 OWNER NAME: BOB BEAURGARD OWNER ADDRESS: 1817 EMMAUS CORPUS CHRISTI,TX 78418 COUNTY: NUECES LATITUDE: 27.651112000 LONGITUDE: -97.284722000 REPORT LINK: CLICK HERE WELL LOG: WATER LEVEL: DRILLING DATE(STARTED): 2009-03-09 STATIC LEVEL: 30' DRILLING DATE(COMPLETED): 2009-03-10 WATER LEVEL DATE: 2009-03-10 DEPTH DRILLED: 10' TYPE OF WATER: NOT REPORTED TYPE OF WORK: NEW WELL PROPOSED USE: DOMESTIC COMPANY INFORMATION: COMPANY NAME: MARTIN WATER WELLS COMPANY ADDRESS: 2151 N. HWY 77 ROBSTOWN,TX 78380 Back to Report Summary GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 27 of 30 Environmental Records Definitions - FEDERAL NWIS United States Geological Survey National Water Information System VERSION DATE: 01/02/20 The U.S. Geological Survey(USGS) National Water Information System (NWIS) includes water inventory data originating from all 50 states, plus border and territorial sites, including data from as early as 1899. This database includes selected site types limited to Groundwater Sites and Spring Sites from the 1.5 million plus sites within NWIS. Surface-Water,Atmospheric, and Other Site types are excluded. Disclaimer: Water Data for the Nation is the USGS public web interface to much of the data stored and managed within NWIS. It is not, however, configured to present all NWIS data and users may need to contact local Water Science Centers to obtain some information. NWIS data is updated on a regularly scheduled basis, and current condition data is generally updated upon receipt at local Water Science Centers. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 28 of 30 Environmental Records Definitions - STATE (TX) SDRD Submitted Drillers Report Database VERSION DATE: 08/05/20 This Texas Water Development Board database was created from the online Texas Well Report Submission and Retrieval System (A cooperative TDLR, TWDB system)that registered water-well drillers use to submit their required reports. The system was started in February 2001 and is optional for the drillers to use. TCEQ Texas Commission on Environmental Quality Water Wells VERSION DATE: NR The Texas Commission on Environmental Quality (TCEQ) maintains a filing system of plotted and unnumbered water wells. Plotted water wells are filed according to the County indicated by the driller and the state well number assigned by State of Texas personnel. Given the available location information provided by the driller, personnel identify where the approximate well location should be. After well placement a state well number is assigned indicating that the well lies within a specific 2.5'section of a 7.5' quadrangle. This method allows for quicker, more refined, reference when researching a specific area. Unnumbered water wells have not been assigned a state well number. This can occur for a variety of reasons; however it does not mean the well cannot be accurately spotted. Unnumbered water well records are filed according to County and are often broken up by year or by a span of years. TWDB Texas Water Development Board Groundwater Database VERSION DATE: 05/05/20 The Texas Water Development Board Groundwater Database contains information for more than 123,500 sites in Texas including data on water wells, springs, oil/gas tests,water levels, and water quality. The purpose of the Board's data collection effort over the years has been to gain representative information about aquifers in the state in order to do water planning. It is very important, however, to realize that the wells in the database represent only a small percentage of the wells that actually exist in Texas.A registered water well driller is required by law to send in a report to the State for every well that is drilled. This requirement began in 1965, and we estimate that approximately 500,000 wells have been drilled in Texas since then. Of the 1,000,000 plus water wells drilled in Texas over the past 100 years, more than 130,000 have been inventoried and placed into the TWDB groundwater database. State well numbers have been assigned to these based on their location within numbered 7 1/2 minute quadrangles formed by lines of latitude and longitude. This database contains well information including location, depth,well type, owner, driller, construction and completion data. WUD Water Utility Database VERSION DATE: NR The Water Utility Database is defined as a collection of data from Texas Water Districts, Public Drinking Water Systems and Water and Sewer Utilities who submit information to the TCEQ. This database is an integrated database designed and developed to replace over 160 stand alone legacy systems representing over 5 million records of the former Texas Water Commission and the Texas Department of Health. GeQSearch www.cieo-search.com 888-396-0042 Order#157276 Job#383805 29 of 30 Environmental Records Definitions - STATE (TX) GeQSearch www.geo-search.com 888-396-0042 Order#157276 Job#383805 30 of 30 Exhibit J Site Visit Photo Log Photo Log of Site Visit— Laguna Shores/Redhead Pond Site i T•y 5 M 1. Photo taken facing southeast from northwest corner of subject property. Vegetation on the subject property, street signs, and a sign designating a cemetery can be seen. 1 2. Photo taken facing east from northwest corner of subject property. A pavilion and pond used as an educational area for Flour Bluff ISD can be seen across Hustlin' Hornet Drive from the subject property. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 1 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site 5 - L, - 1 r;r 3. Photo taken near northwest corner of subject property. A storm drain inlet can be seen. 17h- tr gid !; � �• r 4. Photo taken facing northwest from northwest corner of subject property. Hustlin' Hornet Drive and Flour Bluff Schools can be seen to the west of the subject property. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 2 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site , o 'x 5. Photo taken facing southwest from northwest corner of subject property. Debra Lane and Flour Bluff Junior High School can be seen to the west of the subject property. 4 n 6. Photo taken facing southeast from northwest corner of subject property. Vegetation on the subject property can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 3 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site w 7. Photo taken along Debra Lane to the west of the subject property. A sign can be seen designating the cemetery to the west of the subject property (Duncan Cemetery) as a Historic Texas Cemetery. 11ti IN R n� .`q 8. Photo taken facing southwest from Gadwell Street. The road that crosses between the north tracts and south tracts of the subject property can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 4 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site r'µ PIP i f , f 9. Photo taken facing northeast from Gadwell Street. Wetlands and vegetation can be seen on the west portion of the subject property. 10. Photo taken facing south from Gadwell Street. Wetlands and vegetation can be seen on the southern portion of the subject property. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 5 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site -M uy y. 11. Photo taken facing north from Gadwell Street. A culvert crossing under Gawell Street from the north tracts of the subject property to the south tracts can be seen. At the time of the site visit, a current was present with water flowing southward through the culvert. .. tG 12. Photo taken facing east from center of western boundary of subject property. Wetlands on the subject property can be seen. In the distance, homes along Laguna Shores Road/Laguna Madre can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 6 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site n. r } I• 0-- A x r m 13. Photo taken facing west from center of western boundary of subject property. The Duncan Cemetery can be seen. 14. Photo taken facing southeast from center of northern boundary of subject property. Wetlands on the subject property can be seen. In the distance, homes along Laguna Shores Road/Laguna Madre can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 7 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site ++ t` 15. Photo taken facing southeast from center of northern boundary of subject property. A stormwater outfall into the pond on the subject property can be seen. t Z" 16. Photo taken facing northwest from center of northern boundary of subject property. A stormwater outfall into the pond on the subject property can be seen \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 8 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site W 1 i1 I 17. Photo taken facing south in the northeast portion of the subject property along Hustlin' Hornet Drive. Two boxes associated with buried communication cables can be seen. ---- �-_ tw �T7 18. Photo taken facing southeast from northeast corner of subject property. The intersection of Laguna Shores Road and Hustlin' Hornet Drive can be seen. The portion of Laguna Shores Road that crosses between the north and east tracts of the subject property was closed for road reconstruction. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 9 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site MEN , , , x 19. Photo taken facing south from northeast corner of subject property. Historically, aboveground storage tanks were located in this area of the subject property. / Ile Y k vl A 4 r- I 20. Photo taken near northeast corner of subject property facing south. Road reconstruction of Laguna Shores Road can be seen adjacent to the north and east tracts of the subject property. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 10 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site 21. Photo taken facing west in northeast portion of subject property. Bollards can be seen on the subject property. k .r 7 'fin 22. Photo taken facing north in northeast portion of subject property. Vegetation on the subject property can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 11 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site Y. ' c h r"f. 5 tir' r u 23. Photo taken facing north in northeast portion of subject property. Vegetation on the subject property can be seen. This portion of the subject property appeared to be at a higher elevation that the surrounding area. C y: 24. Photo taken facing west from Laguna Shores Road. Bollards on the subject property can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 12 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site W.. 25. Photo taken facing west from Laguna Shores Road. Wetlands and vegetation on the subject property can be seen. r ti 26. Photo taken facing southeast from Laguna Shores Road. Wetlands and vegetation on the subject property can be seen. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 13 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site _. .0k,111ii I 27. Photo taken facing northeast from Laguna Shores Road. Wetlands and vegetation on the subject property can be seen. ,r. M wIM Ni u d n X A, V f' 4 28. Photo taken along Laguna Shores Road facing southwest. A pipe can be seen along the east boundary of the north tracts of the subject property. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 14 of 15 Photo Log of Site Visit— Laguna Shores/Redhead Pond Site 29. The pipe from the previous photo can be seen. It appears to be a wastewater force main. 0 1-1 Mw-a---741 30. Photo taken facing west from Laguna Shores Road. The southeast portion of the north tracts of the subject property can be seen. Some household waste was observed in this area. \\hanson.dom\dfs\id rive\19jobs\19L0247A02\Ad mi n\14-Reports\Laguna Shores Redhead Pond Phase I ESA\Photo Log.docx Page 15 of 15 DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Laguna Shores Road(I 8024A,18025A,18026A)(Bond 2018) Redhead Pond Mitigation Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by TRACY DUNCAN herein called "Seller" and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 herein called "Buyer". 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer the fee simple interest in the properties described below together with all rights, privileges, and appurtenances pertaining to the property situated in Nueces County, Texas: First Tract: a 16.46 acre tract of land, situated in Lots 19, 20 and 24, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 24.50 acre tract described as Tract I and II in a General Warranty Deed from Lou Ann Rosebraugh, et al, to William E. Duncan and Violet M. Duncan, recorded in Volume 2244, Page 498 of the Deed Records of Nueces County, Texas; said Tract I also referenced in an Executrix's Deed from the estate of William E. Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Second Tract: a 0.4154 acre tract of land, situated in Lot 20, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 0.50 acre tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Third Tract: a 0.6223 acre tract of land, situated in Lot 20, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 0.75 acre tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Fourth Tract: a 3.679 acre tract of land, situated in Lot 19, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 5.00 acre tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Fifth Tract: a 1.066 acre tract of land, situated in Lots 20 and 21, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 24.50 acre tract described as Tract I and II in a General Warranty Deed from Lou Ann Rosebraugh, et al, to William E. Duncan and Violet M. Duncan, recorded in Volume 2244, Page 498 of the Deed Records of Nueces County, Texas; said Tract I also referenced in an Executrix's Deed from the estate of William E. Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. 2. Purchase Price. At closing, Buyer agrees to pay $355.000.00 cash to Seller. 3. Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property, without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. A reliable title insurance company or title guaranty company ("Title Company") must issue the title insurance policy. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Warranty Deed and Closing Costs. At the closing. Seller must execute and deliver a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment to Seller. Buyer will pay one-half escrow fee, document preparation fees, and recording fees. Seller will pay any costs to cure title, one-half of escrow fee, and deed preparation fee. At closing, Seller must convey the Property with no liens, assessments, or any security interests against the Property; and with no persons in possession on any part of the Property as tenants, lessees, or tenants at sufferance, or trespassers. In accordance with the GLO GOMESA grant used to purchase the property, the General Warranty Deed will contain a deed restriction for the property to be used for the purpose of protecting, conserving, and restoring coastal areas and habitats (Exhibit A). 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2020. All property taxes for the year 2021, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2021 to the date of Closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company, and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller shall promptly execute a Tax 2 Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer deposits $500.00 with the Title Company as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Time for Performance. This transaction will be closed and completed through the Title Company on or before 90 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, Texas, or designee. 8. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 9. 60-Day Inspection Period. Buyer shall have 60 days (the "60-Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours, and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60-Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer's right to terminate this Contract on this basis. a. Right of Entry. 3 (1) During the 60-Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within 10 days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase I and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver 4 a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 10. Broker Commission. Seller is responsible for payment of all broker's fees and commissions incurred in connection with the sale of this property. 11. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. 12. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority; No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). 5 Title to Property. Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non-compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 13. Essential. Time is of the essence in closing this transaction. 14. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 15. Notices. All Notices between the parties under this contract must be in writing and are effective when hand delivered, or deposited for mail by certified mail, or deposited by regular mail, to the following: To Seller: Tracy Duncan 1330 Serenity Fischer, Texas 78623 To Buyer: City of Corpus Christi Attn: Director of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 16. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of (i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall 6 constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. SELLER TRACY DUNCAN THE STATE OF TEXAS § COUNTY OF COMAL § This instrument was acknowledged before me on � nLl 2021 by Tracy Duncan. K M ESasNot Public in d theSta f Texas 23 BUYER CITY OF CORPUS CHRISTI,TEXAS By: JEFF H. EDMONDS, P.E. DIRECTOR OF ENGINEERING SERVICES ATTEST: REBECCA HUERTA, CITY SECRETARY 7 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2021 by Jeff H. Edmonds, PE, Director of Engineering Services, for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM THIS DAY OF , 2021. FOR THE CITY ATTORNEY Janet Whitehead,Assistant City Attorney 8 Exhibit A General Warranty Deed and Deed Restriction in Perpetuity Date: Grantor: Tracy Duncan Grantor's Mailing Address: 1330 Serenity Fischer, Texas 78623 Grantee: City of Corpus Christi Grantee's Mailing Address: PO Box 9277 Corpus Christi, Texas 78469 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property(including any improvements): First Tract: a 16.46 acre tract of land, situated in Lots 19, 20 and 24, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 24.50 acre tract described as Tract I and II in a General Warranty Deed from Lou Ann Rosebraugh, et al, to William E. Duncan and Violet M. Duncan, recorded in Volume 2244, Page 498 of the Deed Records of Nueces County, Texas; said Tract I also referenced in an Executrix's Deed from the estate of William E. Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Second Tract: a 0.4154 acre tract of land, situated in Lot 20, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 0.50 acre tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. 9 Third Tract: a 0.6223 acre tract of land, situated in Lot 20, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 0.75 acre tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Fourth Tract: a 3.679 acre tract of land, situated in Lot 19, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 5.00 acre tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Fifth Tract: a 1.066 acre tract of land, situated in Lots 20 and 21, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, being a portion of a 24.50 acre tract described as Tract I and II in a General Warranty Deed from Lou Ann Rosebraugh, et al, to William E. Duncan and Violet M. Duncan, recorded in Volume 2244, Page 498 of the Deed Records of Nueces County, Texas; said Tract I also referenced in an Executrix's Deed from the estate of William E. Duncan to Tracy Duncan, recorded in Document Number 2008053232 of the Official Public Records of Nueces County, Texas. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Nueces County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. Deed Restrictions: The property is acquired with State of Texas Gulf of Mexico Energy Security Act of 2006 ("GOMESA") grant funds and awarded pursuant to Texas Natural Resources Code Chapter 33 for the implementation of a Coastal Management Program("CMP")Project of Special Merit, as approved by the Texas Land Commissioner and administered by the General Land Office ("GLO"). Grantee's purpose in acquiring the property is to protect, conserve and restore coastal areas and habitats. Grantee shall use and manage the property consistent with the purpose, in accordance with GOMESA, UGMS, the Texas CMP and all applicable federal and state laws and regulations. Grantee may not modify the purpose of the property, transfer or encumber the title or other interest to the property or dispose of the property without the GLO's prior written 10 approval. The property will be retained and maintained forever predominately in the natural vegetative condition for the purpose of protecting, conserving, and restoring coastal areas and habitats. If the Property is ever sold, conveyed, or encumbered in a manner that allows the Property to be used for any purpose inconsistent with the purpose for which it was acquired, or condemned in whole or in part, the Texas General Land Office must be compensated in accordance with the Texas Uniform Grant Management Standards and all applicable federal and state laws and regulations. These restrictions run with the land and may not be changed and will not cease to be applicable unless the Texas General Land Office provides written authorization, which the Grantee must record with reference to the title to the Property. Grantor, for the Consideration and subject to the Reservations from and Exceptions to Conveyance and Warranty, grants, gives, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. [Signature Block Omitted] 11 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By FIDELITY NATIONAL TITLE INSURANCE We (Fidelity National Title Insurance) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. San Jacinto Title Services of Texas, LLC Fidelity National Title Insurance Company BY PO 4 &O'l `ttlE iNs I < G — President SEAL ATTEST Secretary Authorized Signatory Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Conditions and Stipulations nlll COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A Issued By FIDELITY NATIONAL TITLE INSURANCE Effective Date: April 14, 2021 GF No.: 200239676 Commitment No. 200239676, issued April 20, 2021, 12:00 AM 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: TBD PROPOSED INSURED: City of Corpus Christi b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule A SCHEDULE A (Continued) 3. Record title to the land on the Effective Date appears to be vested in: Tracey Duncan aka Tracy Ellen Duncan Title via: Executrix's Deed not dated, but acknowledged on Nov. 16, 2008, from Tracy Duncan, Independent Executrix of the Estate of William Edward Duncan, Deceased, Probate Cause No. 43867-4, Nueces County, Texas, to Tracy Duncan, individually, recorded at Document No. 2008053232, Official Public Records of Nueces County, Texas. 4. Legal description of land: SEE LEGAL DESCRIPTION ATTACHED HERETO San Jacinto Title Services of Texas, LLC Fidelity National Title Insurance Company 4 ZtE BY % d,J PO 4T9Ti. & YY!! President : SEAL a o, ,b ATTEST Secretary Authorized Signatory Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule A SCHEDULE B Commitment No.: 200239676 GF No.: 200239676 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below: This item is deleted. (Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2019, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the year 2018, and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy(T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters: a. Right of parties in possession. (Owner's Policy Only) b. Rights of tenants in possession, as tenants only, under unrecorded lease agreements.(May be deleted with appropriate Affidavit at closing.) C. Any visible and apparent unrecorded easements on the insured property.(Owner's Policy Only) d. Removed, survey provided. e. Removed, survey provided. f. Building, Zoning, Platting and/or Regulatory Laws and/or Ordinances of any Municipal and/or other Governmental Authority. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) g. The Company does not insure title to, and excepts from the description of the Land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto; the same are EXCLUDED FROM COVERAGE under this policy. h. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. i. Leases for coal, lignite, oil, gas or other minerals, together with rights incident thereto, (1) dated Jan. 28, 1915, to Clark Pease and H. G. Sherman, recorded in Volume 1, Page 35, Oil and Gas Records of Nueces County, Texas; (2) dated Feb. 3, 1926, to R. L. Brown, recorded at File No. 25379, Volume 4, Page 451, Oil and Gas Records of Nueces County, Texas; (3) dated Aug. 31, 1935, to H. G. Sherman and T. C. Brannan, recorded at File No. 98762, Volume 22, Page 348, Oil and Gas Records of Nueces County, Texas; (4) dated Mar. 6, 1926, to D. C. DeWitt, recorded at File No. 99223, Volume 24, Page 411, Oil and Gas Records of Nueces County, Texas; (5) dated May 29, 1940, to Humble Oil and Refining Company, recorded at File No. 150636, Volume 58, Pqae 98, Oil and Gas Records of Nueces County, Texas; (6) dated Mar. 24, 1994, to Texas Crude Energy, Inc., recorded at Document No. 909183, Official Public Records of Nueces County, Texas; (7) dated April 1, 1994, to Texas Crude Energy, Inc., recorded at Document No. 909184, Official Public Records of Nueces County, Texas; (8) dated April 1, 1994, to Texas Crude Energy, Inc., recorded at Document No. 909185, Official Public Records of Nueces County, Texas; (9) dated Mar. 24, 1994, to Texas Crude Energy, Inc., recorded at Document No. 911557, Official Public Records of Nueces County, Texas; (10) dated May 31, 1994, to Pittencrieff America, Inc., recorded at Document No. 913529, Official Public Records of Nueces County, Texas; No further search of title has been made as to the interest(s) evidenced by the instruments, and the Company makes no representation as to the ownership or holder of such interest(s). j. Term and provisions contained in Pooling Agreement dated Nov. 29, 1940, by Humble Oil and Fefining Company, et al., recorded at File No. 157789, Volume 60, Page 366, Oil and Gas Records of Nueces County, Texas. Title to said interest not researched subsequent to the date of aforesaid instrument. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) k. Interests in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instruments (1) Mineral Deed dated Oct. 12, 1936, from A. I. Curry, et ux., Minnie B. Curry, to Carroll Oil Company, recorded at File No. 106962, Volume 26, Page 626, Oil and Gas Records of Nueces County, Texas; (2) Royalty Deed dated May 28, 1936, from Wesley Ray Duncan, et ux. Lula Pearl Duncan, to Carroll Oil Company, recorded at File No. 102262, Volume 27, Page 320, Oil and Gas Records of Nueces County, Texas; (3) Royalty Deed dated April 3, 1936, from Welsey R. Duncan, et ux., Lula Duncan, to W. S. Winn, recorded at File No. 99942, Volume 28, Page 31, Oil and Gas Records of Nueces County, Texas; (4) Royalty Deed dated April 3, 1936, from Wesley R. Duncan, etux., Lula Pearl Dunca, to MartH. Royston, recorded at File No. 101568, Volume 28, Page 220, Oil and Gas Records of Nueces County, Texas; (5) Royalty Deed dated Aug. 24, 1926, from Wesley R. Duncan, et ux., Lula Duncan, to B. C. Hiner, recorded at File No. 105262, Volume 29, Page 579, Oil and Gas Records of Nueces County, Texas; (6) Royalty Deed dated Jan. 19, 1937, from Wesley R. Duncan, et ux., Lula Pearl Duncan, to Mary Russ Daimwood, recorded at File No. 110747, Volume 33, Page 613, Oil and Gas Records of Nueces County, Texas; (7) Deed dated Feb. 10, 1972, from Humble Oil and Refining Copany, to Sun Oil Company, recorded at File No. 875882, Volume 1425, Page 984, Deed Records of Nueces County, Texas; (8) Mineral Deed dated Dec. 19, 1985, from MBank Houston, N. A. et al, to William L. Higgins, et al., recorded at File No. 478736, Volume 384, Page 940, Oil and Gas Records of Nueces County, Texas; No further search of title has been made as to the interest(s) evidenced by the instruments, and the Company makes no representation as to the ownership or holder of such interest(s). I. All interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in the deed from James R. Busby to Joe Hansler and Henry L. Tucker, Sr., conveyance of SURFACE ESTATE ONLY Recording No.: 190740, Volume 1750, Page 144, Deed Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the above-cited instrument. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) M. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Humble Oil and Refining Company Purpose: Pipeline and appurtenance purposes Recording Date: November 28, 1943 Recording No: 108744, Volume 222, Page 356, Deed Records of Nueces County, Texas. (Blanket) n. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Humble Oil and Refining Company Purpose: Pipeline and appurtenance purposes Recording Date: November 28, 1936 Recording No: 108747, Volume 222, Page 359, Deed Records of Nueces County, Texas. (Blanket) o. Removed, per surveyor's notes. P. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Humble Oil and Refining Company Purpose: Pipelines, roadways, and appurtenance purposes Recording Date: December 21, 1940 Recording No: 157668, Volume 264, Page 329, Deed Records of Nueces County, Texas. (Blanket) q. Removed, per surveyor's notes. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) r. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: February 18, 1940 Recording No: 150308, Volume 258, Page 204, Deed Records of Nueces County, Texas. (Blanket) S. Terms and provisions contained in Surface Lease and Right of Way Grant dated Dec. 20, 1950, from Wesley R. Duncan, et ux., Lula Pearl Duncan, to Union Sulphur and Oil Corporation, recorded at File No. 325364, Volume 511, Page 155, Deed Records of Nueces County, Texas. Title to said interest not researched subsequent to the date of aforesaid instrument. t. Removed, per surveyor's notes. U. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Nueces, State of Texas Purpose: Roadway and appurtenance purposes Date: February 9, 1951 Recording No: 325565, Volume 511, Page 437, Deed Records of Nueces County, Texas. Affects: Portion of Lot 20, Section 54 V. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Union Sulphur and Oil Corporation Purpose: Cathodic protection station, ingress and egress thereto, and appurtenance purposes Date: July 5, 1951 Recording No: 334869, Volume 528, Page 395, Deed Records of Nueces County, Texas. Affects: Portion of Lots 20, and 21, Section 54 Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) W. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Corpus Christi, Texas Purpose: Utilities and appurtenance purposes Date: January 21, 1983 Recording No: 308705, Volume 1857, Page 874, Deed Records of Nueces County, Texas. (Defined) Affects: Portion of Lot 24, Section 54 (First and Fifth Tracts) X. Terms and provisions contained in Grant of Surface Rights dated April 8, 1988, from Exxon Corporation, to Southwestern Bell Telephone Company, recorded at File No. 610820, Volume 2108, Page 601, Deed Records of Nueces County, Texas. (Map attached showing location) Y. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Corpus Christi, Texas Purpose: Utilities and appurtenance purposes Date: September 13, 1994 Recording No: 929314, Official Public Records of Nueces County, Texas. Affects: Portion of Lot 24, Section 54 - Map attached Z. Removed, per surveyor's notes. aa. Removed, per surveyor's notes. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE B (Continued) ab. SEVENTH TRACT: The Company assumes no loss or liability by reason of: (a) Navigational servitudes and all other rights, titles and powers of the United States, the state and local government, and any other governmental entity and the public over lands comprising the beds of oceans, gulfs or bays and their shore lands extending to the ordinary high water line thereof. (b) Lands beyond the line of the border or bulkhead lines, or vegetation line. (c) Filled lands, submerged lands or artificial lands, including any determination that some portion of the land is tide or submerged lands, or has been created by artificial means or has accredited to such portion so created. (d) Riparian or water rights, claims or title to water,whether or not shown by the public records. (e) Changes in area and/or boundary of the subject property as a result of erosion, accretion and avulsion cause by tidal influences. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments or other entities to tidelands, or land comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, or to any land extending from the line of mean low tides to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as established or changed by any government or to filled land, or artificial island, or to riparian rights or the right of interests of the State of Texas, or the public generally in the area extending from the line of mean low tide to the line of vegetation or their rights of access thereto or right of easement along and across the same. ac. Removed, survey provided. ad. The Company assumes no loss or liability by reason of the fences, which are an appurtenance to the insured property, do not follow the property lines as shown on survey plat dated March 17, 2021, prepared by James D. Carr, Texas R.P.L.S. No. 6458, Urban Engineering, Job No. 43201.CO.06. ae. Unimproved roadway a portion of said road labeled "Gadwell Road" crossing subject property and utility lines as shown on survey plat dated March 17, 2021, prepared by James D. Carr, Texas R.P.L.S. No. 6458, Urban Engineering, Job No. 43201.CO.06. (First, Second and Eighth Tracts) Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule B SCHEDULE C Commitment No.: 200239676 GF No.: 200239676 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. We find no outstanding voluntary liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. 6. Removed, survey provided. 7. After the surveys have been reviewed, Obtain and file for record a Correction Executrix's Deed from Tracy Duncan, Independent Executrix of the Estate of William Edward Ducan, Deceased, Probate Cuase No. 43867-4, Nueces County, Texas, to Tracy Duncan, individually, using the legal descriptions attached to this commitment,to correct the legal descriptions in Executrix's Deed recorded at Document No. 2008053232, Official Public Records of Nueces County, Texas. The Company reserves the right to make additional requirements and/or take additional exceptions base on information obtained in conjunction with this requirement. 8. Company requires an affidavit of marital history of record owners from the date the land was acquired to the present time. If any marriages have been terminated by death or divorce, Company must determine disposition of said property. Current spouse, if applicable, should join in all documents to be executed in connection with the transaction company is being asked to insure; or affidavit by each spouse that subject property is the separate property of Record Owner and constitutes no part of the business or residential Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule C SCHEDULE C (Continued) homestead, and that no community funds have been expended regarding the property. Further requirements will be necessary once these facts are known. This report is subject to any name liens, voluntary or involuntary, which may be found on these persons, if any. 9. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the governmental entity named below: Name of Governmental Entity: CITY OF CORPUS CHRISTI, TEXAS a) A copy of its discipline, by-laws or other regulations authorizing real estate transactions. b) A certified copy of the Meeting Minutes (in a recordable form) authorizing the purchase of subject property, authorizing the expenditure of funds, and appointment of parties to act on behalf of said city. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 10. No sales contract was furnished with title order request, therefore, all Terms and Conditions therein must be complied with at Closing. After review, company reserves the right to add additional requirements and/or title exceptions. 11. Survey coverage (amending the survey exception to read "shortages in area" per Procedural Rule P-2) may be provided on an owner or a mortgagee title insurance policy if(1) this Company is provided with a current survey prepared by a registered public surveyor(2)the Seller(or borrower in the case of a refinance transaction) executes our T-47 Survey Affidavit at the time of closing; and, (3) any applicable premium is collected in accordance with Rate Rule R-16. 12. The Company has been provided a 'Preliminary"survey, prior to closing the Company requires signed and sealed survey plats and fieldnotes for its review. 13. The conveyance by sellers must be by a "GENERAL WARRANTY DEED" unless approved by company in advance. 14. CLOSING INSTRUCTIONS AND CLOSING PACKAGE MUST BE RECEIVED IN OUR OFFICE 24 HOURS PRIOR TO CLOSING. IF THIS REQUIREMENT IS NOT MET, SAN JACINTO TITLE SERVICES CANNOT GUARANTEE THE DATE AND TIME OF CLOSING. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule C SCHEDULE C (Continued) 15. Any lien or liens created in the instruments of conveyance or any security instruments executed in connection with the transaction to be insured will appear as an exception under Schedule B of the policy to be issued and/or as the lien to be insured under Schedule "A" of the Mortgagee Title Policy to be issued, all of which instruments will be subject to the approval of the company and the wording of the exception in the policy to be issued will be based upon the terms of the instruments. 16. Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 17. NOTICE: Title Company is unwilling to issue the Title Policy without the mineral exception(s) set out in Schedule B hereof. Optional Endorsements (T19.2 and T19.3) insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase-Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. The promulgated cost for each endorsement is $50 on an Owners Title Policy and $0 charge on a Loan Policy 18. Company reserves the right to revise this commitment and/or to make additional requirements at any time prior to the closing of this transaction. 19. If the Company is to delete the appropriate portion of the standard survey exception and provide a T-19 endorsement, the Company must be provided a survey and field notes from a Registered Public Surveyor on a form and in a manner acceptable to the Company, showing the following: (a) the location of all improvements and showing the exact location of all building lines in relation to the property lines; (b) easements and/or rights of way dedicated or not, that a physical inspection of the Land might disclose; (c) all encroachments, or on the face of the survey, a statement of"No Encroachments." Any survey required in the current transaction must be submitted to the Company for review at least 24 hours prior to closing. The Company reserves the right to make additional exceptions and/or requirements upon receipt and review of said survey. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule C SCHEDULE C (Continued) The Texas Title Insurance Information portion of the Commitment for Title Insurance advises you that your policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements if you pay additional premium for the coverage. 20. NOTE: This file must be updated within 24 hours prior to Closing. 21. NOTICE to all buyers, sellers, borrowers, lenders and all parties interested in the transaction covered by this commitment: Effective September 26, 1988, the State Board of Insurance has adopted Procedural Rul P-27 (as amended) which requires that "Good Funds" be received and deposited before a Title Agency may disburse from its trust fund account. 'GOOD FUNDS" means: 1. Cash or Wire Transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500 including checks, traveler's checks, money orders, and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500 limitation; 4. Uncertified funds in the amount of$1,500 or more, drafter and any other item when collected by the financial institution; 5. State of Texas warrants; 6. United States Treasury checks; 7. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, such bank or savings and loan association; 8. Checks by City and County Governments located in the State of Texas. 22. Except in an exempt transaction,the Company must be furnished with Seller's Social Security Number or Tax Identification Number and all other information necessary to complete IRS Form 1099-S. 23. Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on the front page of the document: "NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your Social Security Number or your Driver's License." 24. Company requires that notary seals contained in any document executed on or after January 1, 2016, must include the notary's identification number as required by Texas Government Code§406.013 when the notary public is either(1) a new notary appointee or(2) an existing notary appointee whose appointment has been renewed on or after January 1, 2016. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule C SCHEDULE C (Continued) 25. PRIVACY POLICY: This commitment may contain confidential information and is intended solely for the attention and use of the named insured as contemplated by the terms and provisions of this commitment. You are hereby notified that any disclosure, copying, distributing or taking of action in reliance on the information with third parties is prohibited. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule C SCHEDULE D Commitment No.: 200239676 GF No.: 200239676 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and/or officers of FIDELITY NATIONAL TITLE INSURANCE: Officers: Raymond Randall Quirk, President; Anthony John Park, Executive Vice President; Michael Louis Gravelle, Secretary; Daniel Kennedy Murphy, Treasurer Directors: Raymond Randall Quirk, Anthony John Park, Michael Louis Gravelle, Michael J. Nolan Fidelity National Financial, Inc. owns 100% of FNTG Holdings, Inc., which owns 100% of Fidelity National Title Group, Inc., which owns 100% of Fidelity National Title Insurance Company. 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: (A) The name of each shareholder, owner, partner or other persons having, owing or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP (B) Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP is owned by E. Brent Bottom and Stephanie H. Bottom. (C) The following persons are officers and directors of the Title Insurance Agent: E. Brent Bottom, Chief Executive Officer Stephanie H. Bottom, Vice President E. Brendon Bottom, Vice President Mark Scott, President Coastal Bend Region Shelly Cristan-Grahmann, Vice President Channing Slusher, Vice President Lynn Leising, Vice President Nancy Massaro, Vice President/Administration Pam Mosley, Vice President Gracie P. Herrera, Vice President/Comptroller Jason B. Smith, Vice President 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule D SCHEDULE D (Continued) You are further advised that the estimated title premium*is: Total $ 0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services % Services Rendered *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Schedule D Commitment No.: 200239676 GF No.: 200239676 LEGAL DESCRIPTION FIRST TRACT: Fieldnotes, for a 16.46 Acre Tract of Land, situated in Lots 19, 20, and 24, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of a 24.50 Acre Tract described as Tract I and II in a General Warranty Deed from Lou Ann Rosebraugh et al. to William E. Duncan and Violet M. Duncan, recorded in Volume 2244, Page 498 of the Deed Records of Nueces County Texas; said Tract I also referenced in an Executrix's Deed from the estate of William E. Duncan to Tracy Duncan, recorded in Document Number 2008053232, of the Official Public Records of Nueces County, Texas; said 16.46 Acre Tract more fully described as follows: Beginning, at a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, on the common boundary line of Lots 24 and 25, of the said Section 54, and Block 1, Oak Ridge, a map of which is recorded in Volume 24, Page 29, of the said Map Records, being the West corner of a 1.00 Acre Tract, as described in an Assumption Warranty Deed from Owen A. Norton to Angeles de Dios LLC, recorded in Document Number 2012030146, of the said Official Public Records, and the West corner of Section 11, Duncan Cemetery, a map of which is recorded in Volume 68, Page 846, of the said Map Records; Thence, South 61022'38" East, with the Southwest boundary line of the said 1.00 Acre Tract, at 229.27 Feet, pass a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, being the South corner of the said 1.00 Acre Tract ?, in all 345.74 Feet, to a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, being the South corner of the Section 11, Duncan Cemetery, a map of which is recorded in Volume 68, Page 846, of the said Map Records, for a corner of this Tract; Thence, North 28036'03" East, with the Southeast boundary line of the said Section 11, at 190.00 Feet, pass a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, in an unimproved road, shown as Gadwell Road on the Nueces County Appraisal District (no record document found), being the East corner of the said Section 11, and the South corner of Section 12 of the said Duncan Cemetery, continuing with Southeast boundary line of Section 12, in all 693.70 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Southwest boundary line of a 5.00 Acre Tract, as described in the said Document Number 2008053232, for a corner of this Tract, from Whence, a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, for the East corner of the said Section 12 bears, North 28036'03" East, 145.93 Feet; Thence, South 61022'38" East, with the Southwest boundary line of the said 5.00 Acre Tract, 120.43 Feet, to a 5/8 Inch Iron Rod Found, being the South corner of the said 5.00 Acre Tract, for a corner of this Tract; Thence, North 28036'03" East, with the Southeast boundary line of the said 5.00 Acre Tract, 452.05 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGRCCTX" Set, on the Southwest Right-of-Way line of Hustlin Hornet Drive, a public roadway, for the North corner of this Tract, from Whence, a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, for the North corner of the said 5.00 Acre Tract bears, North 61022'38" West, 466.17 Feet; Thence, South 61022'38" East,with the said Southwest Right-of-Way line, 331.33 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Northwest boundary line of a 0.75 Acre Tract, as described in said Document Number 2008053232, for a corner of this Tract; Thence, South 28037'22" West, with the Northwest boundary line of the said 0.75 Acre Tract, 166.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, being the West corner of the said 0.75 Acre Tract, for a corner of this Tract; Thence, South 61022'38" East, with the Southwest boundary line of the said 0.75 Acre Tract, at 163.30 Feet, pass a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, being the South corner of the said 0.75 Acre Tract, and the West corner of a 0.50 Acre Tract, as described in the said Document Number Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Legal Description LEGAL DESCRIPTION (Continued) 2008053232, continuing with the Southwest boundary line of the said 0.50 Acre Tract, in all 272.30 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, being the South corner of the said 0.50 Acre Tract, for a corner of this Tract; Thence, North 28037'22" East, with the Southeast boundary line of the said 0.50 Acre Tract, 166.00 Feet to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the said Southwest Right-of-Way line, for a corner of this Tract; Thence, South 61022'38" East, with the said Southwest Right-of-Way line, 9.48 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, at the intersection of the said Southwest Right-of-Way line and the Northwest Right-of-Way line of Laguna Shores (as shown on the City of Corpus Christi construction plans Project No. 18024A), a public roadway(under construction), for the East corner of this Tract; Thence, South 28032'50" West, with the said Northwest Right-of-Way line of Laguna Shores 755.98 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, for a corner of this Tract; Thence, North 61022'38" West, 185.87 Feet, to a 5/8 Inch Iron Rod Found, being the North corner of Lot 10, Block 1, Oak Ridge Unit 2, a map of which is recorded in Volume 49, Page 162, of the said Map Records, for a corner of this Tract; Thence, South 28032'50" West, with the Northwest boundary line of the said Lot 10, at 168.73 Feet, pass a 1 Inch Iron Pipe Found, in all 199.77 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the common boundary line of Lots 20, 23 of the said Section 54, and a tract of land described in a General Warranty Deed from Ross W. Sisson to Ross W Sisson and Judi A. Sisson, recorded in Document Number 2006009231, of the said Official Public Records, being the West corner of a 30 Foot wide public road dedication, shown as Gadwell Street, on the said map of Oak Ridge Unit 2, for a corner of this Tract; Thence, North 61022'38" West, with the said common boundary line and generally with the Southwest edge of the said unimproved road 234.13 Feet, to a 5/8 Inch Iron Rod Found, being the common corner of Lots 19, 20, 23, and 24, of the said Section 54, being the North corner of the said Sisson Tract, for a corner of this Tract; Thence, South 28032'50" West, with the common boundary line of Lots 23 and 24, of the said Section 54, and the said Sisson Tract, 330.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Northeast boundary line of Laguna Madre Rod and Gun Club Estate, a map of which is recorded in Volume 12, Page 04, of the said Map Records, being the West corner of Lot 3, Block 1, Gadwell Addition, a map of which is recorded in Volume 34, Page 125, of the said Map Records, for the South corner of this Tract; Thence, North 61022'38" West, over and across Lot 24, of the said Section 54, 660.48 Feet, to the Southeast boundary line of the said Block 1, Oak Ridge, for the West corner of this Tract, from Whence, a 5/8 Inch Iron Rod with a plastic cap stamped "HAYDEN SURVEY" Found bears, South 28036'03" West, 329.58 Feet; Thence, North 28036'03" East, with the Southeast boundary line of the said Oak Ridge, at 0.35 Feet, pass a 5/8 Inch Iron Rod Found, in all 140.00 Feet, to the Point of Beginning, containing 16.46 Acres (716,947 Sq Ft) 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 are based on the North American Datum of 1983(2011) Epoch 2010.00. SECOND TRACT: Fieldnotes, for a 0.4154 Acre Tract of Land, situated in Lot 20, Section 54, Flour Bluff Farm and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of a 0.50 Acre Tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232, of the Official Public Records of Nueces County, Texas; said 0.4154 Acre Tract more fully described as follows: Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Legal Description LEGAL DESCRIPTION (Continued) Beginning, at a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Southwest Right-of-Way line of Hustlin Hornet Drive, a public roadway, the Southwest boundary line of a 0.08 Acre Right-of-Way Easement, recorded in Volume 1956, Page 224, of the Deed Records of Nueces County, Texas, being the common boundary line of the said 0.50 Acre Tract and a 0.75 Acre Tract, as described in the said Document Number 2008053232, for the North corner of this Tract; Thence, South 61'22'38" East, with the said Southwest Right-of-Way line, over and across the said 0.50 Acre Tract, 109.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Southeast boundary line of the said 0.50 Acre Tract, being the South corner of the said 0.08 Acre Easement, for the East corner of this Tract; Thence, South 28°37'22"West, with the Southeast boundary line of the said 0.50 Acre Tract, 166.00 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, for the South corner of the said 0.50 Acre Tract and this Tract; Thence, North 61'22'38"West, with the Southwest boundary line of the said 0.50 Acre Tract, 109.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, being the South corner of the said 0.75 Acre Tract, for the West corner of the said 0.50 Acre Tract and this Tract; Thence, North 28°37'22" East, with the common boundary line of the said 0.75 Acre Tract and the said 0.50 Acre Tract, 166.00 Feet, to the Point of Beginning, containing 0.4154 Acres (18,094 SgFt) 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 are based on the North American Datum of 1983(2011) Epoch 2010.00. THIRD TRACT: Fieldnotes, for a 0.6223 Acre Tract of Land, situated in Lot 20, Section 54, Flour Bluff Farm and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of a 0.75 Acre Tract described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recorded in Document Number 2008053232, of the Official Public Records of Nueces County, Texas; said 0.6223 Acre Tract more fully described as follows: Beginning, at a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Southwest Right-of-Way line of Hustlin Hornet Drive, a public roadway, the Southwest boundary line of a 0.08 Acre Right-of-Way Easement, recorded in Volume 1956, Page 224, of the Deed Records of Nueces County, Texas, being the common boundary line of the said 0.75 Acre Tract and a 0.50 Acre Tract, as described in the said Document Number 2008053232, for the East corner of this Tract; Thence, South 28°37'22" West, with the said common boundary line, 166.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, being the West corner of the said 0.50 Acre Tract, for the South corner of the said 0.75 Acre Tract and this Tract; Thence, North 61'22'38"West, with the Southwest boundary line of the said 0.75 Acre Tract, 163.30 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, for the West corner of the said 0.75 Acre Tract and this Tract; Thence, North 28°37'22" East, with the Northwest boundary line of the said 0.75 Acre Tract, 166.00 Feet, to a 5/8 Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the said Southwest Right-of-Way line, being the West corner of the said 0.08 Acre Tract, for the North corner of this Tract; Thence, South 61'22'38" East, with the said Southwest Right-of-Way line, 163.30 Feet, to the Point of Beginning, containing 0.6223 Acres (27,108 SgFt) of Land, more or less. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Legal Description LEGAL DESCRIPTION (Continued) 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. FOURTH TRACT: Fieldnotes, for a 3.679 Acre Tract of Land, situated in Lot 19, Section 54, Flour Bluff Farm and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of a 5.00 Acre Tract as described in an Executrix's Deed from the estate of William Edward Duncan to Tracy Duncan, recoded in Document Number 2008053232, of the Official Public Records of Nueces County, Texas; said 3.679 Acre Tract more fully described as follows: Beginning, at a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, in an asphalt road, shown as Debra Lane on the Nueces County Appraisal District (no documentation found), on the Southwest Right-of-Way line of Hustlin Hornet Drive, a public roadway, the Northwest boundary line of Lot 19, of the said Section 54, being the East corner of Block 2, Flour Bluff Independent School District, a map of which is recorded in Volume 46, Pages 175-176, of the said Map Records, the West corner of a 0.15 Acre Right-of-Way Easement, from Joe Hansler and Henry L. Tucker Sr. to the City of Corpus Christi, recorded in Volume 1899, Page 492 of the Deed Records of Nueces County, Texas, for the North corner of this Tract; Thence, South 61'22'38" East, with the common boundary line of the said Southwest Right-of-Way line, the Southwest line of the 0.15 Acre Easement and the said 5.00 Acre Tract, 466.17 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Southeast boundary line of the said 5.00 Acre Tract, being the South corner of the said 0.15 Acre Easement, for the East corner of this Tract; Thence, South 28°36'03"West, with the Southeast boundary line of the said 5.00 Acre Tract, 452.05 Feet,to a 5/8 Inch Iron Rod Found, for the South corner of the said 5.00 Acre Tract and this Tract; Thence, North 61'22'38" West, with the Southwest boundary of the said 5.00 Acre Tract, 120.43 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Set, on the Southeast boundary line of Section 12, Duncan Cemetery, a map of which is recorded in Volume 68, Page 846, of the said Map Records, for a corner of this Tract; Thence, North 28°36'03" East, departing the said Southwest boundary line and with the said Southeast boundary line of Section 12, 145.93 Feet, to a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, being the East corner of the said Section 12, for an inner ell corner of this Tract; Thence, North 61'22'38" West, at 30.00 Feet, pass a 5/8 Inch Iron Rod with a plastic cap stamped "CRG ENGINEERING" Found, being the East corner of the Duncan Cemetery, a map of which is recorded in Volume 67, Page 367, of the said Map Records, and the West corner of the said Section 12, continuing with the Northeast boundary line of the said Duncan Cemetery, in all 345.74 Feet, to a 5/8 Inch Iron Rod Found, in the said Debra Lane, on the common boundary line of the said Lot 19, said Section 54, the said 5.00 Acre Tract, and a Southeast boundary line of the said Block 2, being the North corner of the said Duncan Cemetery, for the West corner of this Tract; Thence, North 28°36'03" East, with the said common boundary line, 306.11 Feet, to the Point of Beginning, containing 3.679 Acres (160,275 SgFt) 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 are based on the North American Datum of 1983(2011) Epoch 2010.00. FIFTH TRACT: Fieldnotes, for a 1.066 Acre Tract of Land, situated in Lots 20 and 21, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, being a portion of a 24.50 Acre Tract described as Tract I and II in a General Warranty Deed from Lou Ann Rosebraugh et al. to William E. Duncan and Violet M. Duncan, recorded in Volume 2244, Page 498 of the Deed Records of Nueces County Texas; said Tract I also referenced in an Executrix's Deed from Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Legal Description LEGAL DESCRIPTION (Continued) the estate of William E. Duncan to Tracy Duncan, recorded in Document Number 2008053232, of the Official Public Records of Nueces County, Texas; said 1.066 Acre Tract more fully described as follows: Beginning, at a 5/8 Inch Iron Rod Found, on the Southeast Right-of-Way line of Laguna Shores (as shown on the City of Corpus Christi construction plans Project No. 18024A), a public roadway (under construction), being the common West corner of a 1.00 Acre Tract, as described in a Deed from W. R. Duncan and Lula Duncan to C. H. Norrell, recorded in Volume 605, Page 486 of the Deed Records of Nueces County, Texas, and a 0.1045 Acre Tract, as described in a Warranty Deed from Peter J. Bungert to Hai Ho and Anabella N. Ho, recorded in Document Number 2018015744, of the Official Public Records of Nueces County, Texas, for the North corner of this Tract; Thence, South 61°27'10" East, with the Southwest boundary line of the said 1.00 Acre Tract, 324.03 Feet, to the West boundary line of Submerged Texas Lands Tract 17, being the Mean Higher High Water line of the Laguna Madre as determined by David L. Nesbitt, Licensed State Land Surveyor, measured at an elevation of 0.70 Feet (NAVD88), for the East corner of this; Thence, with the Littoral boundary, the said Mean Higher High Water line, and the boundary of this Tract as follows: • South 77°01'29"West, 48.52 Feet; • South 64°15'18"West, 29.41 Feet; • South 41°23'31"West, 24.94 Feet; • South 86°40'48"West, 34.73 Feet; • South 72°03'32"West, 40.53 Feet; • South 58°29'41"West, 49.24 Feet; • South 12°51'16" West, 22.31 Feet, to the Northeast boundary line of Lot 3, Block 1, Kinnett Addition, a map of which is recorded in Volume 60, Page 182 of the said Map Records, for the South corner of this Tract; Thence, North 61'27'06" West, with the Northeast boundary line of the said Lot 3, 189.05 Feet, to a 1 Inch Iron Pipe Found, on the said Southeast Right-of-Way line, for the West corner of this Tract; Thence, North 28°32'50" East, with the said Southeast Right-of-Way line, 192.23 Feet, to the Point of Beginning, containing 1.066 Acres (46,444 SgFt) 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 are based on the North American Datum of 1983(2011) Epoch 2010.00. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Legal Description LEGAL DESCRIPTION (Continued) Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Legal Description TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. EI seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. EI Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de tfitulo. EI Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy(the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Title Insurance Information TEXAS TITLE INSURANCE INFORMATION (Continued) You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800) 925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Title Insurance Information DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 200239676 GF No.: 200239676 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Deletion of Arbitration Provision IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER (800) 925-0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT (800)252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 AVISO IMPORTANTE PARA INFORMACION, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL (800)252-3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 Effective Date: April 14, 2021 FORM T-7: Commitment for Title Insurance 200239676 Important Notice so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of October 19, 2021 1852 Second Reading for the City Council Meeting of November 16, 2021 DATE: August 26, 2021 TO: Peter Zanoni, City Manager FROM: Neiman Young, Assistant City Manager Neimany(d)-cctexas.com 361-826-3898 Heather Hurlbert, CPA, CGFO, Director of Finance & Business Analysis Heatherh3(a)cctexas.com 361-826-3227 Texas State Aquarium Amended Lease Agreement CAPTION: Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. SUMMARY: This ordinance executing a First Amended Lease and Operation Agreement with Texas State Aquarium Association (TSAA) restates and replaces in its entirety the prior Lease and Operating Agreement between the Texas State Aquarium Association and the City of Corpus Christi. The amendment will extend the lease term for an additional 20 years and provide funding of up to $3,000,000 in voter-approved general obligation bond funding for the construction of a new Wildlife Rescue Center. BACKGROUND AND FINDINGS: In Bond 2020, Proposition B included $3,000,000 for the City of Corpus Christi to provide leverage funding to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. The total cost for the project is $15,000,000, and the remainder of the funds will come from fundraising by the Texas State Aquarium. The City of Corpus Christi has a current lease agreement with the TSA. This lease needs to be amended to provide for the allocation of$3,000,000 for construction of the new Texas Center for Wildlife Rescue and Research and to extend the lease for an additional 20 years. Per City Charter, the approval of any lease exceeding 5 years requires 2 readings, no less than 28 days apart with the lease becoming effective on the 61St day after the 2nd reading. In addition, a notice of the lease must be published within 5 days after each reading. To comply with this requirement the first reading of the lease ordinance is scheduled for October 12, 2021, the second reading of the lease ordinance is scheduled for November 9, 2021, and the amended lease will be effective on January 9, 2022. ALTERNATIVES: City Council could choose not to approve the amended Lease and Operating Agreement with TSA or could make additional recommendations. FISCAL IMPACT: The fiscal impact to the City of Corpus Christi is the remittance of up to $3,000,000.00 from general obligation bond proceeds to the TSA for the construction of a new Texas Center for Wildlife Rescue and Research. The City plans on issuing bonds in several tranches beginning in FY 2022. On December 1, 2020, the City Council approved a reimbursement resolution for the projects approved by the voters for Bond 2020 that included funding to the Texas State Aquarium for the Texas Center for Wildlife Rescue and Research. The resolution allows the City to begin expending funds for these projects prior to the issuance of general obligation bonds and can reimburse itself with bond proceeds for related expenditures. Section 4 of the amendment between the TSA and the City of Corpus Christi delineates the process by which the TSA can request funding from the City of Corpus Christi. The TSA may submit to the City of Corpus Christi's Director of Finance a "certification for payment" for reimbursement of actual costs related to the Rescue Center in a form outlined in Exhibit E of the amendment. The City will reimburse the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction of the Rescue Center. The agreement stipulates that the TSA may only submit one "certification for payment" form in each 30-day period. If the TSA fails to complete construction of the Rescue Center Project within three years of the commencement date, the City shall notify the TSA in writing of the event of default and provide 60 days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of the TSA as determined by the City, the TSA shall immediately repay all funds paid by the City from Bond 2020 Proposition B. Funding Detail: Fund: 3296— Park & Rec Bond 2020 Organization/Activity: 21081 —Texas State Aquarium — Rescue Center Mission Element: 141 Project # (CIP Only): 210813296EXP Account: 40500 RECOMMENDATION: City Staff recommends approval of the Amended Lease Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Redline Copy - Amended Lease of Texas State Aquarium Amended Lease of Texas State Aquarium (Clean Version) Ordinance authorizing the execution of the First Amended Lease and Operating Agreement with Texas State Aquarium Association to adjust the term to 20 years from the effective date of this amendment and provide up to $3,000,000.00 for construction of new Wildlife Rescue Center. Whereas, the City and Texas State Aquarium Association have previously entered into multiple agreements to acquire and develop the Texas State Aquarium; Whereas, on November 3,2020, voters in the City of Corpus Christi approved Proposition B in an amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center for Wildlife Rescue and Research and other named projects; Whereas, the City's Voter's Guide for Bond 2020 stated "The City will provide leverage funding in the amount of$3M to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder of the funds will come from fundraising by the Texas State Aquarium." Whereas, Texas Local Government Code Section 252.022 provides that a procurement of items that are available from only one source, including management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits and a payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212 are exempt from competitive bidding requirements; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute First Amended Lease and Operating Agreement with Texas State Aquarium Association to extend term and provide up to $3,000,000 for construction of new Wildlife Rescue Center. A copy of the First Amended Lease and Operating Agreement is on file in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@24138050\@BCL@2413B050.docx Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@24138050\@BCL@2413B050.docx First Amended Lease-Purchase and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi State of Texas § County of Nueces § This First Amended Lease-Purchase and Operating Agreement (the "Lease" or "Lease- Purchase Agreement") dated as of the Commencement Date (as defined herein), amends, restates and replaces in its entirety that prior Lease and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi dated Rily 5, 2000.January 18, 2015. Recitals: The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or "Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of 2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and operates a public aquarium (the "Aquarium" as more specifically defined in Section 3) in Corpus Christi, Texas, on a nonprofit basis for multiple public purposes including the education and enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific knowledge, advancement of interest in marine resources and the study thereof, and promotion of interest in the Corpus Christi Bay Area for both business and personal pursuits. The City of Corpus Christi, a Texas home-rule municipal corporation("City"or"Lessor"), acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard, Corpus Christi, Nueces County, Texas 78401, is the owner of certain real property in Texas State Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on the Rincon Channel ("Sealab Property"). The State Legislature of the State of Texas has designated the Aquarium facility operated by TSA as the official Aquarium of the State of Texas. TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner reflecting favorably upon both TSA and the City while assuring appropriate accountability for all public monies previously contributed thereto. The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619, adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the acquisition of certain property, improvement to certain property, and the form of lease for certain property acquired and improved. Further,the City and TSA j ointly funded the design of the Aquarium pursuant to Ordinance No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of $1,000,000. https:Hcorpuschristi-my.sharepoint.com/personaFconstancep_cctexas_com/Documents/Jdrive_Migration/Aquarium/Redline City 10.14.21 edits First Amended Lease to 2014 Lease and Operating Agreement.docx 2 The City and TSA entered into a Purchase Agreement, whereby TSA would construct the Aquarium on land it had separately acquired and subsequently convey said land and the completed Aquarium to the City in consideration of the City's paying the purchase price for such completed Aquarium,then the City would lease the property back to TSA along with other property acquired by City for a 20-year lease term for TSA to operate the Aquarium, authorized by Ordinance No. 019674, adopted on June 15, 1987. The City actually leased the Aquarium Property to TSA by virtue of a lease dated October 5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988,which included a five-year lease on adjacent subsurface area. The City subleased certain parking lots, leased by the City from the Texas Department of Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a portion of the debt service related to construction of the parking lots by virtue of a lease authorized by Ordinance No. 021839, adopted on December 21, 1993. By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on February 27, 1996, TSA conveyed certain additional real property to the City in consideration of TSA revenue-backed Certificates of Obligation ("Certificates") in the amount of$4,400,000. The City and TSA entered into a new 20-year lease covering all of the above referenced properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27, 2000, providing for the continued occupancy and operation of the Aquarium by TSA until September 5, 2020. The City and TSA also entered into multiple other agreements to acquire and develop the Aquarium, and all such agreements are of public record. TSA die expanded the Aquarium to construct the Caribbean Building " , as more particularly described below, and in order to finance such expansion plans TSA requiresd a long-term leasehold interest in the Property, and both the City and TSA desire to entered into Asa Lease-Purchase Agreement effective January 18, 2015 to provide the option to purchase and extend the other terms, conditions and provisions of the then-current lease and operating agreement in order to facilitate such expansion plans and assure the continued maintenance and modernization of the Aquarium on a long-term basis. The City and TSA further desire to provided for the purchase and re-acquisition of the land and improvements comprising the Aquarium by TSA conditioned on the faithful performance by TSA of its obligations under this Lease-Purchase Agreement and continuation of the operation of an aquarium and sea life park for a minimum of fifty (50)years. TSA desires to construct new Texas State Aquarium Wildlife Rescue Center on the Aquarium Property which the Wildlife Rescue Center is depicted on the attached Exhibit C. On November 3, 2020, voters in the City of Corpus Christi approved Proposition B in an amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center for Wildlife Rescue and Research and other named projects. 2 3 The City's Voter's Guide for Bond 2020 stated"The City will provide leverage funding in the amount of $3M to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder of the funds will come from fundraising by the Texas State Aquarium." NOW, THEREFORE, the City and TSA, in consideration of the covenants contained herein, do mutually agree as follows: Agreement: 1. Premises. The City leases to TSA all of the property described in the attached and incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium Property" or "Lease Premises") for and in consideration of the covenants and conditions of this Lease. 2. Term. This Lease-Purchase Agreement is for a term of fFftytwen 0820) years, commencing on the 61st day after final City Council approval, which is 242022 (the "Commencement Date"), and terminating on December 31, 2-0042041. 3. Consideration and Permitted Use. The Aquarium Property must be used solely as an aquarium and sea life park, and rescue center, herein referred to as either "Aquarium" or "Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such other concessions as the President may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities. 4. The Project. TSA financed, designed, built, and currently maintains and operates theme Caribbean Journey building (the "Caribbean Building")based on plans and specifications approved by the City Manager of the City (the "Caribbean Building Project"). The Caribbean Building Project m�tcomplements the e*istiiig Gulf of Mexico Exhibit Building (the "Gulf of Mexico Building"), in order to further the Aquarium experience in: • Interpreting the unique biodiversity and culture of the Yucatan region; • Utilizing state-of-the-art, immersive, interactive aquarium exhibitions; • Incorporating a multi-sensory 4D-theater experience; • Adding the capacity and building infrastructure to expand the Aquarium's research and conservation programs, guest and event services, and catering capabilities. TSA ewas solely responsible for the design, construction and furnishing of the Caribbean Building Project and expended an amount not less than $45 million therefor. Tc " hAs f4,r,a„ 3 4 The Wildlife Rescue Center Proiect. TSA will finance, design, build, maintain and operate a new Wildlife Rescue Center on the Aquarium Property (the"Rescue Center"). The Rescue Center and its location are depicted on the attached Exhibit C. TSA will be solely responsible for the design, construction and furnishing of the Rescue Center and will expend not less than $15 million therefor. TSA has full funding available,raised from donors, and from cash reserves. These funds include $3 million available through _Proposition B of the City 2020 bond election. TSA mayProposition B of the City 2020 bond election. TSA may submit to the City Director of Finance a Certification for Payment, in the form attached hereto as Exhibit E for reimbursement of actual costs related to the Rescue Center. The City will reimburse the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction of the Rescue Center. TSA may only submit one Certification for Payment in each 30-day period. The Rescue Center must include a wildlife rescue theater, which must prominently display the name "City of Corpus Christi Wildlife Rescue Theater." If TSA fails to complete construction of the Rescue Center Project within three years of the Commencement Date, the City shall notify TSA in writing of the event of default and provide 60 days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of TSA, as determined by the City, TSA shall immediately repay all funds paid by the City from Bond 2020 Proposition B. Upon completion of the Rescue Center Project, TSA may vacate the Sealab property which will then revert back to its respective owner. TSA shall notify the City Risk Manager in writing if TSA vacates the Sealab property. 5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design, financing, advertising for bids, choice of contractor, supervision of construction, construction, equipping, stocking, establishment, operation, maintenance, management, and all other activities related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans and specifications, inspection or approval by City or its agents of the Aquarium or any part thereof or any activity connected therewith,nor by any right of City,under this Lease-Purchase Agreement or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium, and nothing herein shall commit the credit of the City for the payment of any obligations incurred by TSA in connection with its operation of the Aquarium and the construction of the Project or any improvements to the Aquarium. 6. Aquarium Operation, Admission. TSA must operate the Aquarium in a businesslike manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits, artifacts, equipment and facilities consistent with a quality aquarium operation. The Aquarium shall be operated by TSA for the use and benefit of the public and must be open during a reasonable portion of the daytime hours of most days of the year; provided however, that TSA may charge a fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type normally adopted by public zoological institutions. 4 5 7. Revenues Generated. All funds generated by the operation of the Aquarium and/or private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs and facilities supporting the purposes specified in TSA's mission statement or as otherwise allowed under Section 501(c)(3) of the Internal Revenue Code. TSA will use its best efforts during the term of this Lease to raise sufficient funds to fully support the Aquarium. 8. Safe . TSA must operate, inspect, and maintain adequate firefighting and safety systems on the Aquarium Property. 9. Maintenance. At all times during this Lease TSA must keep and maintain in good repair and clean and attractive condition all buildings, improvements, grounds, and personal property on the Aquarium Property, and if any improvement erected on the Aquarium Property for Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair or restore the improvement to as good condition and value as existed before such damage or destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall continue to maintain the buildings,improvements, grounds, and personal property in the condition required in the preceding sentence. 10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits), litter, trash, or garbage that originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay, or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits),litter,trash, or garbage that originates from the Aquarium Property. 11. Financial Statements. TSA shall keep strict and accurate books of account and shall deliver to the City's Director of Finance an annual financial statement prepared by an independent certified public accounting firm reflecting financial operations of TSA for such calendar year, no later than May 31 annually. The books of account must be available to City Manager upon request during normal business hours. 12. Transfer of Funds Regarding 1996 Certificates. TSA has paid the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation of Fiii nee 10 eale,ida-days prior-to rho "e does si,e i i toe Ge fti fie tee 13. Assignment or Sublease. TSA may not assign this Lease nor sublease the Aquarium Property, nor any part thereof, without the prior written consent of the City, except in connection with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for special events, so long as TSA maintains control over such areas and assures that their operation is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist boat, water taxi, research and university boat access. 5 6 14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for the construction of the Project or any subsequent improvements by TSA during the term of this Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any such leasehold mortgages can be renewed, extended and modified from time to time as required by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold mortgagee. 15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal containers or dumpster type containers inside a screened or appropriately landscaped area. Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the Aquarium Property in a clean and sanitary condition. 16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent parking lot subject to the covenants of the Certificates of Obligation issued for construction of the parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City to TSA. 17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, sex, disability, or national origin. 18. Inspection. City personnel may enter upon the Aquarium Property, including all improvements thereon, at all times, for purposes of any inspection, repair, fire or police action, and the enforcement of this Lease. 19. Contractor's Insurance. During this Lease, TSA shall require all contractors employed for the construction of the Project, and all other Aquarium improvements or additions, to maintain at the contractor's sole expense (and provide documentation thereof prior to commencement of construction): insurance coverage throughout the construction period in at least the following amounts: (a) commercial general liability insurance, with TSA and City named as Additional Insureds. Such coverage must have either a minimum liability limit of$1,000,000 per occurrence and $2,000,000 aggregate. Additional Insured Endorsement must be provided with Certificate of Liability Insurance (b) automobile liability insurance, with $1,000,000 combined single limit.; TSA and the City shall be listed as an additional insured on the policy. 6 7 (c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's contractor(s) and subcontractor(s) must be a "Certified Self-Insurer" as that term is defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of each contractor and subcontractor policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit 281). Any time such policy is revised,the newest revision becomes the attached and incorporated Exhibit 281). If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation,non-renewal, or material change as set out in Section 20 herein. A waiver of subrogation shall be provided on behalf of TSA and the City; (d) builder's risk insurance written on an all risk basis with valuation at replacement cost for the full value of improvements will be required on construction projects estimated to cost more than Two Hundred Fifty Thousand Dollars ($250,000); (e) performance and payment bonds for the full value of the contract are required on projects estimated to cost more than One Hundred Thousand Dollars ($100,000). 20. Texas State Aquarium Insurance. TSA shall obtain at its own expense: (a) commercial general liability insurance, with City named as Additional Insured. Such coverage must have minimum liability limit of $1,000,000 per occurrence and $2,000,000 aggregate. (b) automobile liability insurance, with liability limits of $1,000,000 combined single limit. The City shall be listed as an additional insured on the policy.; (c) Workers' Compensation insurance or its approved equivalent, covering all employees of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit 281). Any time such policy is revised,the newest revision becomes the attached and incorporated Exhibit 281). If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation, non-renewal, or material change as set out in this Section 20 herein. A waiver of subrogation shall be provided. (d) property insurance, throughout the term of this Operating Lease, in the amount of no less than 80% of the full replacement value of all TSA real and personal property on an "all risk basis" subject to normal and customary exclusions, however, the flood insurance requirement may be limited to the maximum available through the Federal Flood Insurance Program; provided, however, if excess flood insurance is available in the standard insurance market, TSA will provide no less than 50% of the coverage set out above. Further provided, however, that the windstorm insurance requirement may 7 8 be limited to the maximum available through available markets;provided, however, if excess windstorm insurance is available in the standard insurance market, TSA will provide no less than the 80% coverage set out above. TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30) days of the anniversary of each such insurance policy. Such insurance must contain a provision that it may not be canceled or materially changed or not renewed without thirty days written notice to the City Manager. If TSA fails to maintain such insurance, City may terminate this Lease, or at its option procure such insurance, in which case any monies paid by City must be repaid by TSA upon City Manager's written demand, with interest at the maximum permissible legal rate. TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and submit them to the City Manager for approval,which approval shall not be unreasonably withheld and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA. Further, TSA shall have the option, but not the requirement, to participate in the City Property Insurance program when such participation is deemed beneficial to the Aquarium. Should this option be exercised, As the named insured on the property policy, TSA shall pay the City for their portion of the insurance coverage billed by the City. Property damage caused by an insurable peril above the established deductibles shall be reported to the City's Risk Management Division. The City shall submit all claims to City's Insurance Agent/Broker who will in turn,notify the necessary property insurance carriers of the damage. The City shall be responsible for the coordination of all claims with the carrier(s). In the event of a large property loss, the City, as the named insured will receive disbursement of payment from the insurance carrier(s) and then disburse accordingly. 21. Indemnity, Hold Harmless and Waiver of Subrogation._ TSA agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, TSA's performance under this Lease or TSA's or any of its agents', employees', officers', or invitees' use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall mutually agree to waive any rights of subrogation to each other as respects insurance claims, injuries, or property damage. TSA shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 8 9 22. Access for Individuals With Disabilities. The Aquarium and all improvements thereto must be constructed to be readily accessible to individuals with disabilities and in compliance with all applicable state and federal laws. 23. Utilities. City has made sewer, water, and natural gas service available to the Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all utility services whether provided by City or another supplier. TSA will make every effort to establish itself as a utility conservation leader,particularly in the area of adaptive water re-use. 24. Compliance With Laws, Permits. In the planning, design, construction, and operation of the Aquarium and future improvements, TSA shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations. All applicable permits and licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from other agencies by applying or joining TSA in applying for such where City is a necessary party t to the application. TSA shall, however, prepare all documents, information, and materials necessary to support any such application. TSA recognizes that as to City licenses or permits, City must apply its rules in an objective, uniform manner. 25. City Financial Contribution. City does not assume, and has no other responsibility whatever for, any financial obligations incurred or created by TSA or its officers, employees or agents, in connection with the planning, design, financing, construction, equipping, stocking, establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent or infer otherwise to any third party. 26. Prior Agreements. The 20 Year- bease-between Git�, an Tc n ,,, �i er-z Or-diiianee No. 024083, adopted eii Rme 27, 2000, and dated Rily 5, 2000, r-efHaills ill ftill for-ee The 50-year Lease-Purchase Agreement between City and TSA, authorized by Ordinance 030345 adopted on November 18, 2014 and dated January 18, 2015 remains in full force and effect, except as inconsistent herewith, until the Commencement date, at which time it expires automatically. All bond covenants and covenants related to the 1996 Tax and Revenue Certificates of Obligation or any other financing that was provided to TSA by City using City's credit, tax base, etc. for the Aquarium remain in full force and effect until said indebtedness is fully retired. All other prior agreements between City and TSA are of no force and effect. 27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and this Lease must be construed conclusively in favor of that relationship. Nothing herein contained may be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, may be deemed to create any relationship between the parties herein other than that of landlord and tenant. 28. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each parry. In the event any leasehold mortgages are in effect concerning this Lease- 9 10 Purchase Agreement, such changes or modifications also will be subject to approval by any leasehold mortgagees. 29. Termination of Lease. Upon occurrence of any Event of Default (as defined below), the City may, at its option, in addition to any other remedy or right hereunder by law, give notice to TSA's President, and any leasehold mortgagee for which written notice has been provided to the City pursuant to the terms of this Lease, that unless such Event of Default has been cured as required herein that this Lease shall terminate upon the date specified in the notice, which date will not be earlier than sixty (60) days after the giving of such notice. Each of the following will be deemed an Event of Default: (a) failure to have in effect, at all applicable times, policies of contractor's insurance, liability insurance, workers' compensation insurance or its approved equivalent, and property insurance as required elsewhere herein; (b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account, or to furnish said books of account to City Manager for inspection, as provided elsewhere herein; (c) abandonment of the Aquarium Property; (d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium, open to the public, at least five days per week during reasonable business hours; provided, however, that there will be subtracted from such calculation of days any period during which TSA's failure is attributable to acts of God or public enemy, the elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond TSA's control, without the City Manager's prior written approval as an exception; (e) failure of TSA to correct any default in the performance or observance of any other covenant or condition of this Lease; or (f) in the event any securities issued by the City are outstanding that are conditioned upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, written notice by the Internal Revenue Service that the exemption of the TSA from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 has been finally revoked; provided, however, the parties agree that in the event this Lease is canceled by reason of such loss of tax exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate and execute a lease or management contract which complies with the provisions of the Internal Revenue Code of 1986, as amended, so that the interest on any securities issued by City to acquire the Aquarium will not be subject to federal income taxes. (g) failure to repair or replace,and dedicate a new easement if necessary,that 48-inch storm water line that Phase 11-A of the Aquarium was constructed over, upon the City Manager's written request, all as provided in Section 38 below. 10 11 (h) Provided, however, that in the event curing any of the above Events of Default would reasonably require more than sixty (60) days, TSA shall have an extension of the time required to cure such Event of Default for so long as City may reasonably determine that TSA is proceeding diligently with curing such Event of Default. 30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains secured by such leasehold mortgage, this Lease may not be terminated unless and until the City has provided a second notice of default after expiration of the time required for cure under the notice of default provided above and afforded said leasehold mortgagee an additional thirty (30) days to cure any such default in the case of any monetary default and an additional sixty (60) days to cure any such default in the case of any non-monetary default. In any event, this Lease shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease, and arrange for the assumption of this Lease by another qualified tax exempt lessee,pursuant to a foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have and comply with the requirements of this Lease. Such opportunity may require additional time to the notice periods provided above, and for so long as City reasonably determines that the leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its option but without any obligation to do so, pay any remaining indebtedness secured by such leasehold mortgage and terminate this Lease immediately after providing the initial notice of the Event of Default as required above. In any event, the City is under no obligation to pay any such indebtedness, and the full faith and credit of the City is in no way obligated under the terms of this Lease. 31. City's Rights on Termination. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, City may take possession of the Aquarium Property either by summary proceedings, or by action at law or in equity, or by force, or otherwise, as City may determine,without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and will be deemed to be, cumulative of any other rights of the City under law, and the exercise of one will not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy will not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. 32. Effect of Termination or Expiration. Upon termination or expiration of this Lease, the Aquarium Property and all buildings on the Aquarium Property shall become the property of the City; provided that, TSA shall have the right to remove all furnishings and personal property placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures and personal property within that time period, such property shall become the property of the City. Any City monies payable under this Lease which, at the time of termination or expiration, remain unspent, must be returned to or retained by City and spent by City as it sees fit. 11 12 33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the local newspaper any provisions of this Lease required by the City Charter. 34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as further consideration for this Lease, pay and discharge all ad valorem taxes, general and special assessments, and other charges of every description which during the term of this Lease may be levied on or assessed against the Lease Premises, including all interests therein, improvements thereto, or property thereon, whether belonging to the City or TSA or to which either of them may become liable in relation thereto. (b) Timely Payment by TSA. TSA agrees to and shall pay all the foregoing ad valorem taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency thereof, and give written notice of such to Lessor within five (5) days after such payment is made. (c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments or fails to give written notice of any payment thereof at least ten (10) days prior to the time the same becomes delinquent, the City may, at its option, at any time within or after such ten (10) day period, pay any ad valorem taxes or assessments, together with all penalties and interest which may have been added thereto. Any such amount so paid by Lessor shall become immediately due and payable by TSA to the City, together with interest thereon at the highest rate authorized by law. Any such payment which the City may make pursuant to this Section 34 shall not constitute a waiver of any rights which the City may have under the provisions of this Lease or as provided by law. (d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the TSA and the City agree the Lease Premises are exempt from taxation in accordance with the laws of the State of Texas, and that TSA shall have the full right to administratively or judicially challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save and except to the extent it becomes necessary to pay any tax or assessment to protect the property and security interests of TSA, the City and any assignee, TSA may, in its sole discretion, elect not to pay any tax or assessment until such time as the tax or assessment is determined to be due and owing on the Lease Premises by a final judgment issued by a court of competent jurisdiction. 35. Notices. Any notices provided for under this Lease must be given in writing, to the City, by delivering or mailing the notice as follows: To the City: City Manager City Hall P.O. Box 9277 Corpus Christi, Texas 78469-9277 To TSA: Texas State Aquarium Association 2710 N. Shoreline Blvd. Corpus Christi, Texas, 78402 12 13 To Leasehold Mortgagee: [Address to be provided by written notice.] The parties may from time to time designate new addresses for notice purposes by written notice pursuant to this provision. All notices will be deemed delivered on the third day after mailed by prepaid postage in U.S. mail. 36. Captions. Captions employed in this Lease are for convenience only and are not intended to and do not in any way limit or amplify the terms or provisions herein. 37. Future Additions. Both parties to this Lease recognize that improvements to the Aquarium Property may be required from time to time in order to maintain a state of business which produces adequate funds to meet the debt service requirements of this Lease. For interior construction that does not involve a structural change and for incidental exterior construction (e.g. sidewalks, open air structures) the President has the authority to undertake such improvements, subject to compliance with applicable City building codes and regulations, without prior City Manager approval. For interior construction that does involve a structural change, for exterior construction that involves changing the footprint of the existing Aquarium, or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications shall be submitted by TSA to the City Manager for City Manager's approval which will not be unreasonably withheld. 38. Storm Water Line. The parties acknowledge that Phase II-A of the Aquarium facility was constructed over a 48-inch storm water line that is the major storm drain for the south end of North Beach. The City agreed to continue to maintain the storm drain and water inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be built over the 48-inch storm water line. If the storm water line within the Aquarium Property needs to be repaired or replaced, TSA shall pay for all costs associated with repair or replacement, including granting any additional easement needed to relocate the storm water line. The City Manager will make written demand to the President for repair or replacement of the storm water line within the Aquarium Property and set a reasonable time frame to accomplish same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set out by the City Manager is grounds for City to terminate this Lease. City does not warrant the 48-inch storm water line, and the construction by TSA of any improvements over the 48-inch storm water line is expressly at its own risk. 39. Representations, Cooperation. TSA acknowledges and agrees that the Aquarium Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA, and are accepted by TSA "AS IS", in their current condition and appearance, and without any warranties by City, expressed or implied, with respect to appearance, condition, defects, habitability, fitness for any specific purpose, or the availability of access. TSA agrees that TSA is not relying and will not rely on any statement, covenant, representation, or warranty pertaining to any of the matters described in this paragraph which is not expressly set forth in this Lease. City and TSA shall cooperate to enforce all warranties and causes of action available to either parry against third parties arising out of or in any way related to this Lease. 13 14 40. Options to Purchase. In consideration of the timely performance by TSA of each and all of its obligations pursuant to this Lease-Purchase Agreement, including,but not limited to, the financing, design and construction of the Project in compliance with Section 4 above, the payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises, as follows: (a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this Lease-Purchase Agreement and TSA having timely performed all of its obligations under this Lease-Purchase Agreement as above provided, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises for the additional sum of Ten Dollars ($10.00), provided: (i) Lessee is not in default under the Lease; (ii) Lessee gives notice to the City of its intention to exercise this option within sixty (60) days from the expiration date of this Lease, and (iii) City is provided a Special Warranty Deed, containing the provisions set forth in Section 41 below and in form and content otherwise acceptable to the City, with directions for delivery of the Special Warranty Deed by the City to TSA; and (iv) Lessee complies with all applicable laws concerning acquisition of the Lease Premises. (b) Early Option to Purchase. In consideration of the performance by TSA of all of its obligations under this Lease-Purchase Agreement and the payment to City in full of the funds required to be paid under this Lease, TSA shall have the option to purchase the Lease Premises from City upon the terms and conditions set forth in this subsection 40(b). 44iis early e. ^r *^ r r^hase f be ^ ^ ^d at of Oil an earlier-d4e after-T-SA has eempleted�he pa-ymeiit of debt se This early option to purchase may be exercised at any time after the later of(a) expiration of 7 (seven) years from the Commencement Date of this Lease, or (b) when the tax- exempt certificates allocated to the Rescue Center(or any obligations issued to refund such certificates) are no longer outstanding_TSA may exercise this option by providing at least sixty (60) days' written notice to City of its intention to exercise the option on the following terms: i. The consideration for the sale shall be the payments and performance above provided and the additional sum of $100.00, and TSA's acceptance of a covenant running with the land, as provided in Section 41 below, to continue the operation of the Aquarium Property as an aquarium and sea life park in the manner required under Section 3 above. ii. Any survey, title insurance, title searches or similar closing expenses shall be at the sole cost and expense of TSA. 14 15 iii. Closing of the purchase and re-acquisition of the Aquarium Property shall occur at the offices of a title company selected by TSA or at City's offices as designated in the notice of exercise of the option provided by TSA. iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then existing condition, subject to those matters of record as set forth in the deeds obtained by City when it acquired the Aquarium Property, without any warranties or representations of City whatsoever except for the limited warranty of title provided in the form of special warranty deed promulgated by the State Bar of Texas. V. No brokerage fees or commissions shall be due or owing to any party arising from the transaction. vi. The Aquarium Property conveyed specifically shall exclude any parking lots being leased by City from the State of Texas and subleased to TSA vii. The Lease Premises will be conveyed to TSA by the City by a Special Warranty Deed containing the provisions set forth in Section 41 below, and in form and content otherwise acceptable to the City. Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall terminate and be of no further force or effect, and the parties shall be released from all obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this Lease, and nothing in this section shall be construed as releasing TSA from its obligations under the deed to continue operation of an aquarium and sea life park as provided above. 41. Special Warran . Deed. Upon TSA's exercising its option to purchase in compliance with the terms and conditions of this Lease-Purchase Agreement, the City shall convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and conditions acceptable to the City, the Special Warranty Deed shall contain and include the following provisions: (a) Right of First Refusal. If TSA shall decide to sell the above described property to a third parry on established terms and conditions acceptable to TSA, TSA shall first offer the property to the City for the price and on the same terms and conditions as are offered by the third parry. The City shall have ninety (90) days from the date of the offer to the City in which to accept or reject the offer. In connection with any such exercise of this right of first refusal by the City, the City shall be entitled to a credit against the purchase price equal to the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium. This right of first refusal shall inure to the benefit of City, and the City's successors, representatives, and assigns, and shall continue in full force and effect for a period of seventy-five (75) years from and after December 31, 2014, and at the expiration of that period shall be of no further force or effect. In the 15 16 event that the City elects not to exercise the right of first refusal, the City shall be repaid the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium out of the sales price. Nonetheless, the City Council may agree to subordinate this $14,500,000 repayment obligation to future specified mortgage indebtedness. (b) Subordination to Caribbean Building _Mortgage Indebtedness. The Indebtedness. The obligations of TSA to reimburse the $14,500,000 bond indebtedness to the City shall be expressly subordinate to the obligations for payment of mortgage indebtedness incurred by TSA pursuant to the terms and conditions of this Lease-Purchase Agreement for the construction of the Caribbean Building Project. Such subordination shall be included in the Special Warranty Deed provided above and identify the leasehold mortgages, if any remain in effect at such time, by date and recording information. (c) Restrictive Covenant. The above described property shall be used, occupied and maintained solely as an aquarium and sea life park ("Aquarium"); provided, however,that Grantee may operate food,drink,souvenir,and such other concessions as the Grantee may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities; and provided further that if the property is damaged by fire, storm or other event beyond Grantee's control the Grantee shall not be in violation of this Restrictive Covenant so long as Grantee is taking such action as is necessary to finance, design, rebuild, reconstruct or repair the damages to the property in a timely manner. This restrictive covenant shall expire on December 31, 2089. (d) Utility Easements. The City shall have the right to reserve in the Special Warranty Deed utility easements as needed to accommodate public utilities maintained in areas being conveyed to TSA. (e) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48- inch storm water line shall be continued in the Special Warranty Deed unless TSA has relocated such storm water line into a new easement without any encroachments of TSA improvements. (f) Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant, after the lapse of sixty (60) days' written notice and the opportunity to cure such violation the ownership and title to above described property and all improvements and fixtures thereon shall revert to the City immediately upon the City giving TSA written notice of reversion. 16 17 EXECUTED in duplicate originals this day of , 2021, by duly authorized representatives of the parties. Attest: City of Corpus Christi, Texas By: By: Rebecca Huerta, City Secretary Name: Title: Legal form approved on , 2021. By: Assistant City Attorney Texas State Aquarium Association By: Thomas H. Schmid, President& CEO Acknowledgements STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the , 2021,by Thomas H. Schmid,as President&CEO of the Texas State Aquarium Association,a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas 17 18 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the , 2021, by as of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas 19 Exhibit 1 Actions related to land acquisition for Agatarium: 30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619 on January 27, 1987 Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on February 16, 1988 Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA Closing and abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street, portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by Ordinance No. 20244, on March 15, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Acquisition of Parcels 1 and 10, authorized by Motion No. M87-0215 on June 2, 1987 Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987 Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987 Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by Resolution No. 19941 on August 25, 1987 Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988 Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988 Acquisition of Parcel 4, authorized by Motion No. M88-0066 on March 22, 1988 Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988 Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988 Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No. 20210 on February 16, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Page 1 of 3 20 Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988 Acquisition of Parcel owned by Helen Royal, authorized by Resolution No. 20346 on June 21, 1988 Actions related to parking Lot A for Aquarium: - Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA - 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No. 021839 on December 21, 1993 - Contact between City and TSA to construct a parking lot, issue Certificates of Obligation, set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28, 1989 - Contract between City and Haas Construction Co.for paving streets,parking lots,bus loop, irrigation, and landscaping improvements, authorized by Resolution No. 020852 on December 19, 1989 - Actions related to financing for Aquarium - Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates of Obligation on - Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF Revenue Certificates of Obligation, on October 4, 1988 - Ordinance No. 020166 amending Re-Investment Zone No. 1 contracts with various governmental agencies to provide financing for improvements to Aquarium and the Corpus Christi Museum of Natural History on January 19, 1988 - Resolution 020169 on January 19, 1988 - Ordinance No. 019674 authorized a purchase agreement and Management contract which set out duties, rights, obligations of City and TSA to construct and operate the Aquarium on June 15, 1987 Page 2 of 3 21 Actions related to construction in area around Aquarium: Award of construction contract for Waterfront Improvements to Garrett Construction Company, authorized by Motion No. M88-0050 on March 8, 1988. Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88- 0271 on December 20, 1988. Award a Wastewater Line Construction Project to King Isles, authorized by Motion No. M89-0071 on March 14, 1989. Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on August 15, 1989. Award a contract to remove a leaking underground petroleum storage tank to Genesis Environmental, authorized by Motion No. M90-094 on April 10, 1990. Page 3 of 3 22 Exhibit A Texas State Aquarium Subdivision, Lot G, as recorded in Volume 68 Page 856, Nueces County Clerk Records. 6 �T�333f C8�R745tZYE _`\ t \ >p�h 0.aJZ98' &8 / o orf/ x i rr r✓� i1�` �/ �N 4 w> a Oc x� r CB�N183Y29'E �I✓ �z rr✓' f`r' �\\\ ?0ay c 1�i f ;g 8 Plat of IMS SIME .. AC�UAFtIt.TM- u Subdivision Lot C3 being a—plat of Lots A—i,B,C and D,Texas State Aqua.i,m S,bd'Me—, om,P of which i olded is Volume 54, Pages 717 718, Map of Nueces County. T-1,T-1, and lot A-3, t'ec Taxos State Aquarium Subd' a p of which tl raoorded m Volume 60, Pages 135-135,Mop aim Records of Nuaces County,Taxas a � _ - � 9umeRte0.Jdn.t,,2oi URBAN "" •� ENGINEERING ��T 2 of MA.BN XG 23 Exhibit B Property located at 4901 Rincon Rd., Corpus Christi, Texas, which includes BROOKLYN ACREAGE 124.78 ACS OUT OF W. E. POPE TR. 7 of I � I I I I I I I � c � I I t 1 I I I I I I I < I 1 I I I I 1 I I r i 1 asn 7�s a�>_ ► I 1 , I jam gym �ennar 1 I I b1'�✓f 4R. 1 /R• w if.Lf M r I I I I I 1 I I I I I I I 1 I 1 1 I I 1 1 I I 1 I I _ 1 I 3 1 I ! I I 1 s p I 1 I Q I 1 I 1 • _ i 1 N� � l 1 h I I 1 � t it 1 t I 1 1 Y 1 I 1 1 r I i iE I I I A 3 1 1 1 I I I 1 9C'II?�7A • r W PORT OF CORPUS CHRISTI AUTAORITT u TUAS STATE AQUARIUM ASSOCTATION• WC- 2.9a ACRE IFASE I A 10811,Y�Av Olr,' 24 DESCRIPTION OF SEALAB IMPROVEMENTS: The subject consists of four(4) metal frame buildings on concrete slab. The buildings are connected together and have a metal exterior and roof with overhead doors and pedestrian doors in each. Building #1 contains 5,750 square feet and is utilized as an office/laboratory facility with+/- 80% of the space as office and+/- 20% laboratory space. Building #2 is a high bay metal building containing 3,150 square feet with a 24 foot eve height. It has two 12' x 14' overhead doors and two pedestrian doors that lead outside. Building #3 is similar to Building 42 and contains 3,000 square feet but has an eve height of 14 feet. It is a warehouse building with no interior finish and is utilized primarily to house an observation tank for large marine animals. It has one 12' x 14' overhead door and a pedestrian door. Building #4 is a metal warehouse building containing 1,666 square feet with an eve height of 10 feet. The buildingis s being utilized as locker/restroom facilities for youth groups that use the facilities for educational purposes and field trips. The site is perimeter fenced and has approximately 37,17 5 square feet of asphalt paving. An in- ground, concrete tank measuring 45 feet wide by 185 feet long with a depth of 7 feet is located near the entrance of the property. 25 Exhibit C dog �• � Ii �� "�.•ice. � � ;� •'�^ mac, �. k. ;� 7..0' + w �� �tiPf VIS" ,a r 26 Exhibit 2-01) I. TEXAS STATE AQUARIUM (TSA) LEASE INSURANCE REQUIREMENTS A. TSA must not commence work under this agreement until it has obtained all insurance required herein and such insurance has been approved by the City. Nor may TSA allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT OWNED OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 PROPERTY INSURANCE No less than 80%of full replacement cost coverage for 1. All Risk coverage to include Windstorm, all TSA real and personal property Hurricane and Hail and Flood Insurance In the event of accidents of any kind, TSA must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 27 II. ADDITIONAL REQUIREMENTS A. TSA must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company,the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance,then within 10 calendar days after the date the Contract Administrator or his designee requests that TSA sign the contract documents, TSA must provide the Risk Manager with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter signed by the TSA stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then TSA must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469- 9277 - Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance,the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by TSA will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form,the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of change or cancellation is required. C. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(7) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. 28 Exhibit E FORM OF CERTIFICATION FOR PAYMENT (Certification for Payment-Rescue Center) CERTIFICATION FOR PAYMENT FORM NO. The undersigned [(the "Construction Manner")/ "TSA"I requests payment from The City of Corpus Christi (the "City") in the amount of$ for labor, design, materials, fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the Rescue Center. In connection with the above referenced payment, [the Construction Manager/TSAI represents and warrants to the City as follows: I. The undersigned is a duly authorized officer of[the Construction Manager/TSAI, is qualified to execute this Certification for Payment Form No. on behalf of [the Construction Manager/TSAI, and is knowledgeable as to the matters set forth herein. 2. The work described in Attachment A has been completed in the percentages stated therein. 3. The Certification for Payment for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment submitted for the same work to the Cil. or, if previously requested, no disbursement was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Attachment A, is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. [Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit evidencing that any contractor or subcontractor having_, performed work described in Attachment A has been paid in full for all work completed through the previous Certification for Payment.][Include bracketed Ian,-ua,-e if final progress payment for such Authorized Improvement] 6. Attached hereto as Attachment C are invoices,receipts,purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested. (Si nature pages follow) 29 I hereby declare that the above representations and warranties are true and correct. f a [Texas] [limited liability company], as CONSTRUCTION MANAGER/Texas State Aquarium Association, a Texas nonprofit corporation] By: Name: Title: JOINDER OF PROJECT ENGINEER The undersigned Project Engineer_ joins this Certification for Payment solely for the purposes of certifying that the representations made by [Construction Manager/TSA] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: APPROVAL OF CERTIFICATION FOR PAYMENT The City is in receipt of the attached Certification for Payment Form No. acknowledges the Certification for Payment and otherwise finds the Certification for Payment Form No. to be in order. After reviewing the Certification for Payment Form, the City approves the Certification for Payment Form No. and shall release payment from [the appropriate account] to [the Construction Manager/TSA] or to any person designated by the [Construction Manager/TSAI. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: 30 ATTACHMENT A TO CERTIFICATION FOR PAYMENT FORM NO. Segment Description of Work Completed of Work Completed under Actual Costs this Certification for Payment ATTACHMENT B TO CERTIFICATION FOR PAYMENT FORM NO. [Include Attachment B bracketed if final progress payment for such Authorized Improvement] [bills paid affidavit and release of liens - attached] ATTACHMENT C TO CERTIFICATION FOR PAYMENT FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested] First Amended Lease-Purchase and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi State of Texas § County of Nueces § This First Amended Lease-Purchase and Operating Agreement (the "Lease" or "Lease- Purchase Agreement") dated as of the Commencement Date (as defined herein), amends, restates and replaces in its entirety that prior Lease and Operating Agreement between Texas State Aquarium Association and City of Corpus Christi dated January 18, 2015. Recitals: The Texas State Aquarium Association, a Texas nonprofit corporation ("TSA" or "Lessee"), acting through its duly authorized President and CEO, or designee, ("President"), of 2710 N. Shoreline Blvd., Corpus Christi, Nueces County, Texas, 78402, has constructed and operates a public aquarium (the"Aquarium" as more specifically defined in Section 3) in Corpus Christi, Texas, on a nonprofit basis for multiple public purposes including the education and enjoyment of visitors from inside and outside of Texas, promotion and growth of scientific knowledge, advancement of interest in marine resources and the study thereof, and promotion of interest in the Corpus Christi Bay Area for both business and personal pursuits. The City of Corpus Christi, a Texas home-rule municipal corporation("City"or"Lessor"), acting through its duly authorized City Manager, or designee, ("City Manager") of 1201 Leopard, Corpus Christi, Nueces County, Texas 78401, is the owner of certain real property in Texas State Aquarium Subdivision on Corpus Christi Beach in Corpus Christi ("Aquarium Property") and on the Rincon Channel ("Sealab Property"). The State Legislature of the State of Texas has designated the Aquarium facility operated by TSA as the official Aquarium of the State of Texas. TSA has operated the Aquarium to deliver the above-mentioned public benefits in a manner reflecting favorably upon both TSA and the City while assuring appropriate accountability for all public monies previously contributed thereto. The City purchased certain property for the Aquarium pursuant to Ordinance No. 19619, adopted on February 2, 1987, which authorized the City to spend up to $1.3 million for the acquisition of certain property, improvement to certain property, and the form of lease for certain property acquired and improved. Further,the City and TSA j ointly funded the design of the Aquarium pursuant to Ordinance No. 19764, adopted on June 3, 1987, which authorized the City to spend up to $500,000 on Aquarium design, with TSA to pay for 50% of the design, and all design costs in excess of $1,000,000. C:AUsers\constancep\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\ECZNTSYO\Clean Copy City 10.14.21 edits First Amended Lease to 2014 Lease and Operating Agreement.docx 2 The City and TSA entered into a Purchase Agreement, whereby TSA would construct the Aquarium on land it had separately acquired and subsequently convey said land and the completed Aquarium to the City in consideration of the City's paying the purchase price for such completed Aquarium,then the City would lease the property back to TSA along with other property acquired by City for a 20-year lease term for TSA to operate the Aquarium, authorized by Ordinance No. 019674, adopted on June 15, 1987. The City actually leased the Aquarium Property to TSA by virtue of a lease dated October 5, 1988, authorized by City Ordinance No. 020507 on March 29, 1988,which included a five-year lease on adjacent subsurface area. The City subleased certain parking lots, leased by the City from the Texas Department of Transportation, to TSA with the agreement that TSA would operate the parking lots and pay a portion of the debt service related to construction of the parking lots by virtue of a lease authorized by Ordinance No. 021839, adopted on December 21, 1993. By Agreement of March 20, 1996, authorized by City Council Resolution 022500 on February 27, 1996, TSA conveyed certain additional real property to the City in consideration of TSA revenue-backed Certificates of Obligation ("Certificates") in the amount of$4,400,000. The City and TSA entered into a new 20-year lease covering all of the above referenced properties by a lease dated July 5, 2000, authorized by City Ordinance No. 024083 on June 27, 2000, providing for the continued occupancy and operation of the Aquarium by TSA until September 5, 2020. The City and TSA also entered into multiple other agreements to acquire and develop the Aquarium, and all such agreements are of public record. TSA expanded the Aquarium to construct the Caribbean Building, as more particularly described below, and in order to finance such expansion plans TSA required a long-term leasehold interest in the Property, and both the City and TSA entered into a Lease-Purchase Agreement effective January 18, 2015 to provide the option to purchase and extend the other terms, conditions and provisions of the then-current lease and operating agreement in order to facilitate such expansion plans and assure the continued maintenance and modernization of the Aquarium on a long-term basis. The City and TSA further provided for the purchase and re-acquisition of the land and improvements comprising the Aquarium by TSA conditioned on the faithful performance by TSA of its obligations under this Lease-Purchase Agreement and continuation of the operation of an aquarium and sea life park for a minimum of fifty (50)years. TSA desires to construct new Texas State Aquarium Wildlife Rescue Center on the Aquarium Property which the Wildlife Rescue Center is depicted on the attached Exhibit C. On November 3, 2020, voters in the City of Corpus Christi approved Proposition B in an amount not to exceed $12,000,000 with priority projects including Texas State Aquarium Center for Wildlife Rescue and Research and other named projects. 2 3 The City's Voter's Guide for Bond 2020 stated"The City will provide leverage funding in the amount of $3M to assist the Texas State Aquarium with the construction of the new Texas Center for Wildlife Rescue and Research. Total costs for the project is $15 M and the remainder of the funds will come from fundraising by the Texas State Aquarium." NOW, THEREFORE, the City and TSA, in consideration of the covenants contained herein, do mutually agree as follows: Agreement: 1. Premises. The City leases to TSA all of the property described in the attached and incorporated Exhibit A, all of City's interest in the Sealab Property described in the attached and incorporated Exhibit B, and all improvements located thereon (collectively called "Aquarium Property" or "Lease Premises") for and in consideration of the covenants and conditions of this Lease. 2. Term. This Lease-Purchase Agreement is for a term of twenty (20) years, commencing on the 61st day after final City Council approval, which is , 2022 (the "Commencement Date"),_and terminating on December 31, 2041. 3. Consideration and Permitted Use. The Aquarium Property must be used solely as an aquarium and sea life park, and rescue center, herein referred to as either "Aquarium" or "Aquarium Facility"; provided, however, that TSA may operate food, drink, souvenir, and such other concessions as the President may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities. 4. The Project. TSA financed, designed,built, and currently maintains and operates the Caribbean Journey building (the "Caribbean Building") based on plans and specifications approved by the City Manager of the City (the "Caribbean Building Project"). The Caribbean Building Project complements the Gulf of Mexico Exhibit Building (the "Gulf of Mexico Building"), in order to further the Aquarium experience in: • Interpreting the unique biodiversity and culture of the Yucatan region; • Utilizing state-of-the-art, immersive, interactive aquarium exhibitions; • Incorporating a multi-sensory 4D-theater experience; • Adding the capacity and building infrastructure to expand the Aquarium's research and conservation programs, guest and event services, and catering capabilities. TSA was solely responsible for the design, construction and furnishing of the Caribbean Building Project and expended an amount not less than $45 million therefor. The Wildlife Rescue Center Project. TSA will finance, design, build, maintain and operate a new Wildlife Rescue Center on the Aquarium Property (the"Rescue Center"). The Rescue Center and its location are depicted on the attached Exhibit C. TSA will be solely responsible for the design, construction and furnishing of the Rescue Center and will expend not less than $15 million 3 4 therefor. TSA has full funding available,raised from donors, and from cash reserves. These funds include $3 million available through Proposition B of the City 2020 bond election. TSA may submit to the City Director of Finance a Certification for Payment, in the form attached hereto as Exhibit E for reimbursement of actual costs related to the Rescue Center. The City will reimburse the TSA from Bond 2020 Proposition B funds in an amount up to $3,000,000.00 for construction of the Rescue Center. TSA may only submit one Certification for Payment in each 30-day period. The Rescue Center must include a wildlife rescue theater, which must prominently display the name "City of Corpus Christi Wildlife Rescue Theater." If TSA fails to complete construction of the Rescue Center Project within three years of the Commencement Date, the City shall notify TSA in writing of the event of default and provide 60 days from the date of the notice for TSA to cure the event of the default. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of TSA, as determined by the City, TSA shall immediately repay all funds paid by the City from Bond 2020 Proposition B. Upon completion of the Rescue Center Project, TSA may vacate the Sealab property which will then revert back to its respective owner. TSA shall notify the City Risk Manager in writing if TSA vacates the Sealab property. 5. TSA Responsibility. TSA shall be exclusively responsible for all planning, design, financing, advertising for bids, choice of contractor, supervision of construction, construction, equipping, stocking, establishment, operation, maintenance, management, and all other activities related to the Aquarium. TSA is not relieved of such responsibility by any approval of the plans and specifications, inspection or approval by City or its agents of the Aquarium or any part thereof or any activity connected therewith,nor by any right of City,under this Lease-Purchase Agreement or otherwise, whether exercised or not, to make any such inspection or approval. Nothing in this Lease shall commit any City funds to pay for any maintenance or improvements to the Aquarium, and nothing herein shall commit the credit of the City for the payment of any obligations incurred by TSA in connection with its operation of the Aquarium and the construction of the Project or any improvements to the Aquarium. 6. Aquarium Operation: Admission. TSA must operate the Aquarium in a businesslike manner at all times. TSA shall furnish and stock the Aquarium with all marine life, exhibits, artifacts, equipment and facilities consistent with a quality aquarium operation. The Aquarium shall be operated by TSA for the use and benefit of the public and must be open during a reasonable portion of the daytime hours of most days of the year; provided however, that TSA may charge a fee for admission to the Aquarium Facility on a nondiscriminatory basis and TSA may fence the Aquarium Property and restrict access. TSA may adopt admission fee rate structures of the type normally adopted by public zoological institutions. 7. Revenues Generated. All funds generated by the operation of the Aquarium and/or private fund raising efforts of TSA shall be used exclusively by TSA for the benefit of programs and facilities supporting the purposes specified in TSA's mission statement or as otherwise allowed under Section 501(c)(3) of the Internal Revenue Code. TSA will use its best efforts during the term of this Lease to raise sufficient funds to fully support the Aquarium. 4 5 8. Sqfeely. TSA must operate, inspect, and maintain adequate firefighting and safety systems on the Aquarium Property. 9. Maintenance. At all times during this Lease TSA must keep and maintain in good repair and clean and attractive condition all buildings, improvements, grounds, and personal property on the Aquarium Property, and if any improvement erected on the Aquarium Property for Aquarium purposes is damaged or destroyed, TSA, as soon as the same may be done, must repair or restore the improvement to as good condition and value as existed before such damage or destruction, unless prohibited by law. Until the termination or expiration of this Lease, TSA shall continue to maintain the buildings,improvements, grounds, and personal property in the condition required in the preceding sentence. 10. Pollution of Bay. TSA shall make reasonable efforts to ensure that no pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits), litter, trash, or garbage that originates from the Aquarium Property is allowed to collect in Corpus Christi Bay, Nueces Bay, or neighboring property. TSA shall be solely responsible for any pollutant, effluent, liquid or solid waste material, fresh or salt water discharge (except salt water discharges authorized by applicable local, state and federal government permits),litter,trash,or garbage that originates from the Aquarium Property. 11. Financial Statements. TSA shall keep strict and accurate books of account and shall deliver to the City's Director of Finance an annual financial statement prepared by an independent certified public accounting firm reflecting financial operations of TSA for such calendar year, no later than May 31 annually. The books of account must be available to City Manager upon request during normal business hours. 12. Transfer of Funds Regarding 1996 Certificates. TSA has paid the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation. 13. Assignment or Sublease. TSA may not assign this Lease nor sublease the Aquarium Property, nor any part thereof, without the prior written consent of the City, except in connection with a permitted leasehold mortgage as provided below. Provided, however, TSA may contract for and/or sublease concessions for the Aquarium and space rent any portion of the facilities for special events, so long as TSA maintains control over such areas and assures that their operation is consistent with this Lease. Provided, further, TSA may sublease dock space to allow tourist boat, water taxi, research and university boat access. 14. Leasehold Mortgages. TSA shall have the right to pledge its rights under this Lease in one or more successive leasehold mortgages to secure any indebtedness borrowed by TSA for the construction of the Project or any subsequent improvements by TSA during the term of this Lease. No more than two leasehold mortgages may be in effect at any time, but the term of any such leasehold mortgages can be renewed, extended and modified from time to time as required by TSA and its lenders. TSA shall provide written notice to the City of any such leasehold mortgages, the name of the lenders and addresses for notice purposes, the loan amount, and the 5 6 terms of the loans prior to the creation of any such leasehold mortgages. Any such leasehold mortgagees shall be entitled to the rights and benefits as provided in this Lease for any leasehold mortgagee. 15. Sanitation. Garbage and trash must be stored on the Aquarium Property in normal containers or dumpster type containers inside a screened or appropriately landscaped area. Garbage pick-up service must be obtained by TSA on a schedule sufficient to maintain the Aquarium Property in a clean and sanitary condition. 16. Parking. Parking shall be provided pursuant to one or more leases of the adjacent parking lot subject to the covenants of the Certificates of Obligation issued for construction of the parking lot. The City and TSA agree to negotiate in good faith for the addition of the parking lot to the Aquarium Property during the term of this Lease. The City and TSA will request TxDOT to declare the property that is currently leased from TxDOT, and subleased to TSA for the parking lots, to be surplus property, appraised and conveyed by TxDOT to the City for resale by the City to TSA. 17. Nondiscrimination. TSA is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, sex, disability, or national origin. 18. Inspection. City personnel may enter upon the Aquarium Property, including all improvements thereon, at all times, for purposes of any inspection, repair, fire or police action, and the enforcement of this Lease. 19. Contractor's Insurance. During this Lease, TSA shall require all contractors employed for the construction of the Project, and all other Aquarium improvements or additions, to maintain at the contractor's sole expense (and provide documentation thereof prior to commencement of construction): insurance coverage throughout the construction period in at least the following amounts: (a) commercial general liability insurance, with TSA and City named as Additional Insureds. Such coverage must have either a minimum liability limit of$1,000,000 per occurrence and $2,000,000 aggregate. Additional Insured Endorsement must be provided with Certificate of Liability Insurance (b) automobile liability insurance, with $1,000,000 combined single limit.; TSA and the City shall be listed as an additional insured on the policy. (c) Workers' Compensation insurance covering all employees of TSA's contractor(s) and subcontractor(s) engaged in any work at or on the Aquarium Property, or TSA's contractor(s) and subcontractor(s) must be a "Certified Self-Insurer" as that term is defined in Chapter 401 of the Texas Labor Code, as it may be amended ("Approved Equivalent"). If an Approved Equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of each contractor and subcontractor policy must be kept on file with the City Secretary's copy of this Lease, incorporated and 6 7 attached as Exhibit D. Any time such policy is revised, the newest revision becomes the attached and incorporated Exhibit D. If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation,non-renewal, or material change as set out in Section 20 herein. A waiver of subrogation shall be provided on behalf of TSA and the City; (d) builder's risk insurance written on an all risk basis with valuation at replacement cost for the full value of improvements will be required on construction projects estimated to cost more than Two Hundred Fifty Thousand Dollars ($250,000); (e) performance and payment bonds for the full value of the contract are required on projects estimated to cost more than One Hundred Thousand Dollars ($100,000). 20. Texas State Aquarium Insurance. TSA shall obtain at its own expense: (a) commercial general liability insurance, with City named as Additional Insured. Such coverage must have minimum liability limit of $1,000,000 per occurrence and $2,000,000 aggregate. (b) automobile liability insurance, with liability limits of $1,000,000 combined single limit. The City shall be listed as an additional insured on the policy.; (c) Workers' Compensation insurance or its approved equivalent, covering all employees of TSA engaged in any work at or on the Aquarium Property. If an approved equivalent to Workers' Compensation for compensating injured employees is utilized a current copy of TSA's policy must be kept on file with the City Secretary's copy of this Lease, incorporated and attached as Exhibit D. Any time such policy is revised, the newest revision becomes the attached and incorporated Exhibit D. If Workers' Compensation insurance is provided, a certificate of insurance must be provided, together with notice of cancellation,non-renewal, or material change as set out in this Section 20 herein. A waiver of subrogation shall be provided. (d) property insurance, throughout the term of this Operating Lease, in the amount of no less than 80% of the full replacement value of all TSA real and personal property on an "all risk basis" subject to normal and customary exclusions, however, the flood insurance requirement may be limited to the maximum available through the Federal Flood Insurance Program; provided, however, if excess flood insurance is available in the standard insurance market, TSA will provide no less than 50% of the coverage set out above. Further provided, however, that the windstorm insurance requirement may be limited to the maximum available through available markets;provided, however, if excess windstorm insurance is available in the standard insurance market, TSA will provide no less than the 80% coverage set out above. TSA shall provide City Manager with evidence of insurance coverage annually within thirty (30) days of the anniversary of each such insurance policy. Such insurance must contain a provision that it may not be canceled or materially changed or not renewed without thirty days written notice 7 8 to the City Manager. If TSA fails to maintain such insurance, City may terminate this Lease, or at its option procure such insurance, in which case any monies paid by City must be repaid by TSA upon City Manager's written demand, with interest at the maximum permissible legal rate. TSA shall decide whether to repair, rebuild, or replace any damaged property. If TSA decides to repair, restore, or rebuild, it shall develop plans and specifications as appropriate, and submit them to the City Manager for approval,which approval shall not be unreasonably withheld and shall be granted or denied within thirty (30) days of any request by TSA. If TSA determines not to repair, rebuild, or replace the property, all insurance proceeds remaining after the payment of the indebtedness to any leasehold mortgagee shall be paid to the City up to but not in excess of its unpaid obligations under this Lease. Any excess insurance proceeds may be retained by TSA. Further, TSA shall have the option, but not the requirement, to participate in the City Property Insurance program when such participation is deemed beneficial to the Aquarium. Should this option be exercised, As the named insured on the property policy, TSA shall pay the City for their portion of the insurance coverage billed by the City. Property damage caused by an insurable peril above the established deductibles shall be reported to the City's Risk Management Division. The City shall submit all claims to City's Insurance Agent/Broker who will in turn,notify the necessary property insurance carriers of the damage. The City shall be responsible for the coordination of all claims with the carrier(s). In the event of a large property loss, the City, as the named insured will receive disbursement of payment from the insurance carrier(s) and then disburse accordingly. 21. Indemnity, Hold Harmless and Waiver of Subrogation. TSA agrees to indemnify, defend and hold harmless the City, its officers, employees, and agents against any and all liability, damage, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorney's fees, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, TSA's performance under this Lease or TSA's or any of its agents', employees', officers', or invitees' use, operation, or occupancy of the Aquarium Property or the Aquarium. TSA and City shall mutually agree to waive any rights of subrogation to each other as respects insurance claims, injuries, or property damage. TSA shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions. 22. Access for Individuals With Disabilities. The Aquarium and all improvements thereto must be constructed to be readily accessible to individuals with disabilities and in compliance with all applicable state and federal laws. 23. Utilities. City has made sewer, water, and natural gas service available to the Aquarium Property, at standard rates offered by City for comparable users. TSA must pay for all utility services whether provided by City or another supplier. TSA will make every effort to establish itself as a utility conservation leader,particularly in the area of adaptive water re-use. 8 9 24. Compliance With Laws, Permits. In the planning, design, construction, and operation of the Aquarium and future improvements, TSA shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations. All applicable permits and licensees must be obtained by TSA. City shall cooperate in obtaining permits and licenses from other agencies by applying or joining TSA in applying for such where City is a necessary party t to the application. TSA shall, however, prepare all documents, information, and materials necessary to support any such application. TSA recognizes that as to City licenses or permits, City must apply its rules in an objective, uniform manner. 25. City Financial Contribution. City does not assume, and has no other responsibility whatever for, any financial obligations incurred or created by TSA or its officers, employees or agents, in connection with the planning, design, financing, construction, equipping, stocking, establishment, operation, or other activity relating to the Aquarium, and TSA shall not represent or infer otherwise to any third party. 26. Prior Agreements. The 50-year Lease-Purchase Agreement between City and TSA, authorized by Ordinance 030345 adopted on November 18, 2014 and dated January 18, 2015 remains in full force and effect, except as inconsistent herewith, until the Commencement date, at which time it expires automatically. All bond covenants and covenants related to the 1996 Tax and Revenue Certificates of Obligation or any other financing that was provided to TSA by City using City's credit, tax base, etc. for the Aquarium remain in full force and effect until said indebtedness is fully retired. All other prior agreements between City and TSA are of no force and effect. 27. Lease Relationship. The parties intend to create a landlord/tenant relationship, and this Lease must be construed conclusively in favor of that relationship. Nothing herein contained may be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, may be deemed to create any relationship between the parties herein other than that of landlord and tenant. 28. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each parry. In the event any leasehold mortgages are in effect concerning this Lease- Purchase Agreement, such changes or modifications also will be subject to approval by any leasehold mortgagees. 29. Termination of Lease. Upon occurrence of any Event of Default (as defined below), the City may, at its option, in addition to any other remedy or right hereunder by law, give notice to TSA's President, and any leasehold mortgagee for which written notice has been provided to the City pursuant to the terms of this Lease, that unless such Event of Default has been cured as required herein that this Lease shall terminate upon the date specified in the notice, which date will not be earlier than sixty (60) days after the giving of such notice. Each of the following will be deemed an Event of Default: 9 10 (a) failure to have in effect, at all applicable times, policies of contractor's insurance, liability insurance, workers' compensation insurance or its approved equivalent, and property insurance as required elsewhere herein; (b) intentional, knowing, or fraudulent failure to maintain strict and accurate books of account, or to furnish said books of account to City Manager for inspection, as provided elsewhere herein; (c) abandonment of the Aquarium Property; (d) failure of TSA for a period exceeding 180 days to regularly operate the Aquarium, open to the public, at least five days per week during reasonable business hours; provided, however, that there will be subtracted from such calculation of days any period during which TSA's failure is attributable to acts of God or public enemy, the elements, fire, flood, labor dispute, civil disturbance, or other similar cause beyond TSA's control, without the City Manager's prior written approval as an exception; (e) failure of TSA to correct any default in the performance or observance of any other covenant or condition of this Lease; or (f) in the event any securities issued by the City are outstanding that are conditioned upon TSA's tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, written notice by the Internal Revenue Service that the exemption of the TSA from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 has been finally revoked; provided, however, the parties agree that in the event this Lease is canceled by reason of such loss of tax exemption under such Section 501(c)(3), then, in good faith, the parties will negotiate and execute a lease or management contract which complies with the provisions of the Internal Revenue Code of 1986, as amended, so that the interest on any securities issued by City to acquire the Aquarium will not be subject to federal income taxes. (g) failure to repair or replace,and dedicate a new easement if necessary,that 48-inch storm water line that Phase 11-A of the Aquarium was constructed over, upon the City Manager's written request, all as provided in Section 38 below. (h) Provided, however, that in the event curing any of the above Events of Default would reasonably require more than sixty (60) days, TSA shall have an extension of the time required to cure such Event of Default for so long as City may reasonably determine that TSA is proceeding diligently with curing such Event of Default. 30. Leasehold Mortgagee Rights in Event of Default. If notice has been provided to City of a leasehold mortgage pursuant to the provisions of this Lease and indebtedness remains secured by such leasehold mortgage, this Lease may not be terminated unless and until the City has provided a second notice of default after expiration of the time required for cure under the notice of default provided above and afforded said leasehold mortgagee an additional thirty (30) 10 11 days to cure any such default in the case of any monetary default and an additional sixty (60) days to cure any such default in the case of any non-monetary default. In any event, this Lease shall not be terminated if a leasehold mortgage is in place with indebtedness outstanding unless the City has afforded said leasehold mortgagee the opportunity to assume and assign this Lease, and arrange for the assumption of this Lease by another qualified tax exempt lessee,pursuant to a foreclosure of the leasehold mortgage or such other rights as said leasehold mortgagee may have and comply with the requirements of this Lease. Such opportunity may require additional time to the notice periods provided above, and for so long as City reasonably determines that the leasehold mortgagee is diligently proceeding with curing any such Event of Default the time for curing the Event of Default shall be extended accordingly. Alternatively, the City may, at its option but without any obligation to do so, pay any remaining indebtedness secured by such leasehold mortgage and terminate this Lease immediately after providing the initial notice of the Event of Default as required above. In any event, the City is under no obligation to pay any such indebtedness, and the full faith and credit of the City is in no way obligated under the terms of this Lease. 31. City's Rights on Termination. Upon termination of this Lease as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, City may take possession of the Aquarium Property either by summary proceedings, or by action at law or in equity, or by force, or otherwise, as City may determine,without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and will be deemed to be, cumulative of any other rights of the City under law, and the exercise of one will not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy will not be deemed to operate as a waiver of its right to exercise such right or remedy at any other future time. 32. Effect of Termination or Expiration. Upon termination or expiration of this Lease, the Aquarium Property and all buildings on the Aquarium Property shall become the property of the City; provided that, TSA shall have the right to remove all furnishings and personal property placed in such buildings at TSA expense, at TSA's option, at any time until one hundred eighty days (180) days after termination or expiration of the Lease. If TSA fails to remove such fixtures and personal property within that time period, such property shall become the property of the City. Any City monies payable under this Lease which, at the time of termination or expiration, remain unspent, must be returned to or retained by City and spent by City as it sees fit. 33. Publication Costs. TSA shall pay the cost of publishing in the legal section of the local newspaper any provisions of this Lease required by the City Charter. 34. Taxes and Assessments. (a) In addition to the foregoing sums, TSA shall, as further consideration for this Lease, pay and discharge all ad valorem taxes, general and special assessments, and other charges of every description which during the term of this Lease may be levied on or assessed against the Lease Premises, including all interests therein, improvements thereto, or property thereon, whether belonging to the City or TSA or to which either of them may become liable in relation thereto. (b) Timely Payment by TSA. TSA agrees to and shall pay all the foregoing ad valorem 11 12 taxes, if any, assessments and charges not less than twenty (20) days prior to the delinquency thereof, and give written notice of such to Lessor within five (5) days after such payment is made. (c) Advance by Lessor. If Lessee fails to pay any such ad valorem taxes or assessments or fails to give written notice of any payment thereof at least ten (10) days prior to the time the same becomes delinquent, the City may, at its option, at any time within or after such ten (10) day period, pay any ad valorem taxes or assessments, together with all penalties and interest which may have been added thereto. Any such amount so paid by Lessor shall become immediately due and payable by TSA to the City, together with interest thereon at the highest rate authorized by law. Any such payment which the City may make pursuant to this Section 34 shall not constitute a waiver of any rights which the City may have under the provisions of this Lease or as provided by law. (d) Tax Exemption. Notwithstanding anything to the contrary in this Section 34, the TSA and the City agree the Lease Premises are exempt from taxation in accordance with the laws of the State of Texas, and that TSA shall have the full right to administratively or judicially challenge any tax or assessment levied or attempted to be levied on the Lease Premises. Save and except to the extent it becomes necessary to pay any tax or assessment to protect the property and security interests of TSA, the City and any assignee, TSA may, in its sole discretion, elect not to pay any tax or assessment until such time as the tax or assessment is determined to be due and owing on the Lease Premises by a final judgment issued by a court of competent jurisdiction. 35. Notices. Any notices provided for under this Lease must be given in writing, to the City, by delivering or mailing the notice as follows: To the City: City Manager City Hall P.O. Box 9277 Corpus Christi, Texas 78469-9277 To TSA: Texas State Aquarium Association 2710 N. Shoreline Blvd. Corpus Christi, Texas, 78402 To Leasehold Mortgagee: [Address to be provided by written notice.] The parties may from time to time designate new addresses for notice purposes by written notice pursuant to this provision. All notices will be deemed delivered on the third day after mailed by prepaid postage in U.S. mail. 36. Captions. Captions employed in this Lease are for convenience only and are not intended to and do not in any way limit or amplify the terms or provisions herein. 12 13 37. Future Additions. Both parties to this Lease recognize that improvements to the Aquarium Property may be required from time to time in order to maintain a state of business which produces adequate funds to meet the debt service requirements of this Lease. For interior construction that does not involve a structural change and for incidental exterior construction (e.g. sidewalks, open air structures) the President has the authority to undertake such improvements, subject to compliance with applicable City building codes and regulations, without prior City Manager approval. For interior construction that does involve a structural change, for exterior construction that involves changing the footprint of the existing Aquarium, or for additional structures (e.g. new phases) that are desired by TSA, plans and specifications shall be submitted by TSA to the City Manager for City Manager's approval which will not be unreasonably withheld. 38. Storm Water Line. The parties acknowledge that Phase II-A of the Aquarium facility was constructed over a 48-inch storm water line that is the major storm drain for the south end of North Beach. The City agreed to continue to maintain the storm drain and water inlet regulator. The parties further acknowledge that parts of the Caribbean Building also may be built over the 48-inch storm water line. If the storm water line within the Aquarium Property needs to be repaired or replaced, TSA shall pay for all costs associated with repair or replacement, including granting any additional easement needed to relocate the storm water line. The City Manager will make written demand to the President for repair or replacement of the storm water line within the Aquarium Property and set a reasonable time frame to accomplish same. Failure to repair or replace, or at least begin to repair or replace, within the time frame set out by the City Manager is grounds for City to terminate this Lease. City does not warrant the 48-inch storm water line, and the construction by TSA of any improvements over the 48-inch storm water line is expressly at its own risk. 39. Representations; Cooperation. TSA acknowledges and agrees that the Aquarium Property and all improvements thereon, or to be constructed thereon, are leased by City to TSA, and are accepted by TSA "AS IS", in their current condition and appearance, and without any warranties by City, expressed or implied, with respect to appearance, condition, defects, habitability, fitness for any specific purpose, or the availability of access. TSA agrees that TSA is not relying and will not rely on any statement, covenant, representation, or warranty pertaining to any of the matters described in this paragraph which is not expressly set forth in this Lease. City and TSA shall cooperate to enforce all warranties and causes of action available to either parry against third parties arising out of or in any way related to this Lease. 40. Options to Purchase. In consideration of the timely performance by TSA of each and all of its obligations pursuant to this Lease-Purchase Agreement, including,but not limited to, the financing, design and construction of the Project in compliance with Section 4 above, the payment of all the debt service on the 1996 $4.4 million Combination Tax and Revenue Certificates of Obligation in compliance with Section 12 above, TSA shall have the option to purchase the City's interest in this Lease and the Lease Premises, as follows: (a) Option to Purchase at Expiration of Lease Term. Upon the expiration of this Lease-Purchase Agreement and TSA having timely performed all of its obligations under this Lease-Purchase Agreement as above provided, TSA shall 13 14 have the option to purchase the City's interest in this Lease and the Lease Premises for the additional sum of Ten Dollars ($10.00), provided: (i) Lessee is not in default under the Lease; (ii) Lessee gives notice to the City of its intention to exercise this option within sixty (60) days from the expiration date of this Lease, and (iii) City is provided a Special Warranty Deed, containing the provisions set forth in Section 41 below and in form and content otherwise acceptable to the City, with directions for delivery of the Special Warranty Deed by the City to TSA; and (iv) Lessee complies with all applicable laws concerning acquisition of the Lease Premises. (b) Early Option to Purchase. In consideration of the performance by TSA of all of its obligations under this Lease-Purchase Agreement and the payment to City in full of the funds required to be paid under this Lease, TSA shall have the option to purchase the Lease Premises from City upon the terms and conditions set forth in this subsection 40(b). This early option to purchase may be exercised at any time after the later of(a) expiration of 7 (seven)years from the Commencement Date of this Lease, or (b) when the tax- exempt certificates allocated to the Rescue Center(or any obligations issued to refund such certificates) are no longer outstanding. TSA may exercise this option by providing at least sixty (60) days' written notice to City of its intention to exercise the option on the following terms: i. The consideration for the sale shall be the payments and performance above provided and the additional sum of $100.00, and TSA's acceptance of a covenant running with the land, as provided in Section 41 below, to continue the operation of the Aquarium Property as an aquarium and sea life park in the manner required under Section 3 above. ii. Any survey, title insurance, title searches or similar closing expenses shall be at the sole cost and expense of TSA. iii. Closing of the purchase and re-acquisition of the Aquarium Property shall occur at the offices of a title company selected by TSA or at City's offices as designated in the notice of exercise of the option provided by TSA. iv. The Aquarium Property shall be conveyed by City to TSA "AS IS" in its then existing condition, subject to those matters of record as set forth in the deeds obtained by City when it acquired the Aquarium Property, without any warranties or representations of City whatsoever except for the limited warranty of title provided in the form of special warranty deed promulgated by the State Bar of Texas. V. No brokerage fees or commissions shall be due or owing to any parry arising from the transaction. vi. The Aquarium Property conveyed specifically shall exclude any parking lots being leased by City from the State of Texas and subleased to TSA 14 15 vii. The Lease Premises will be conveyed to TSA by the City by a Special Warranty Deed containing the provisions set forth in Section 41 below, and in form and content otherwise acceptable to the City. Upon the closing of the purchase under either of Subsection 40(a) or 40(b), this Lease shall terminate and be of no further force or effect, and the parties shall be released from all obligations hereunder; provided that, TSA shall have the continuing obligation to fund, operate and maintain the Lease Premises for the purposes set forth in this Lease, as provided in this Lease, and nothing in this section shall be construed as releasing TSA from its obligations under the deed to continue operation of an aquarium and sea life park as provided above. 41. Special Warran . Deed. Upon TSA's exercising its option to purchase in compliance with the terms and conditions of this Lease-Purchase Agreement, the City shall convey the Lease Premises to TSA by Special Warranty Deed. In addition to other terms and conditions acceptable to the City, the Special Warranty Deed shall contain and include the following provisions: (a) Right of First Refusal. If TSA shall decide to sell the above described property to a third parry on established terms and conditions acceptable to TSA, TSA shall first offer the property to the City for the price and on the same terms and conditions as are offered by the third parry. The City shall have ninety (90) days from the date of the offer to the City in which to accept or reject the offer. In connection with any such exercise of this right of first refusal by the City, the City shall be entitled to a credit against the purchase price equal to the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium. This right of first refusal shall inure to the benefit of City, and the City's successors, representatives, and assigns, and shall continue in full force and effect for a period of seventy-five (75) years from and after December 31, 2014, and at the expiration of that period shall be of no further force or effect. In the event that the City elects not to exercise the right of first refusal, the City shall be repaid the $14,5000,000 bond indebtedness issued by the City in connection with the initial construction of the Aquarium out of the sales price. Nonetheless, the City Council may agree to subordinate this $14,500,000 repayment obligation to future specified mortgage indebtedness. (b) Subordination to Caribbean Building Mortgage Indebtedness. The obligations of TSA to reimburse the $14,500,000 bond indebtedness to the City shall be expressly subordinate to the obligations for payment of mortgage indebtedness incurred by TSA pursuant to the terms and conditions of this Lease-Purchase Agreement for the construction of the Caribbean Building Project. Such subordination shall be included in the Special Warranty Deed provided above and identify the leasehold mortgages, if any remain in effect at such time, by date and recording information. (c) Restrictive Covenant. The above described property shall be used, occupied and 15 16 maintained solely as an aquarium and sea life park ("Aquarium"); provided, however,that Grantee may operate food,drink,souvenir,and such other concessions as the Grantee may deem consistent with, but secondary to, operation of the Aquarium, including without limitation participating in fundraising activities; and provided further that if the property is damaged by fire, storm or other event beyond Grantee's control the Grantee shall not be in violation of this Restrictive Covenant so long as Grantee is taking such action as is necessary to finance, design, rebuild, reconstruct or repair the damages to the property in a timely manner. This restrictive covenant shall expire on December 31, 2089. (d) Utility Easements. The City shall have the right to reserve in the Special Warranty Deed utility easements as needed to accommodate public utilities maintained in areas being conveyed to TSA. (e) Storm Water Line. The obligations of TSA in Section 38 above concerning the 48- inch storm water line shall be continued in the Special Warranty Deed unless TSA has relocated such storm water line into a new easement without any encroachments of TSA improvements. (f) Reverter Clause. If TSA violates the above and foregoing Restrictive Covenant, after the lapse of sixty (60) days' written notice and the opportunity to cure such violation the ownership and title to above described property and all improvements and fixtures thereon shall revert to the City immediately upon the City giving TSA written notice of reversion. 16 17 EXECUTED in duplicate originals this day of , 2021, by duly authorized representatives of the parties. Attest: City of Corpus Christi, Texas By: By: Rebecca Huerta, City Secretary Name: Title: Legal form approved on , 2021. By: Assistant City Attorney Texas State Aquarium ssociation By: Thomas H. Schmid, President & CEO Acknowledgements STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the Da-&Jw-C 1S 2021,by Thomas H. Schmid,as President&CEO of the Texas State Aquarium Association,a Texas non-profit corporation, on behalf of said corporation. NICOLE AN DRADE MY Notary ID#12014223 Notary Public, State of Texas Expires February 23,2025 17 18 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the , 2021, by as of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas 19 Exhibit 1 Actions related to land acquisition for Agatarium: 30 year lease from Port Authority of Corpus Christi, authorized by Ordinance No. 19619 on January 27, 1987 Resolution authorizing the condemnation of 8 tracts, authorized by Resolution 20214 on February 16, 1988 Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA Closing and abandoning N. Shoreline from Canal Street to 200 feet North of Bennett Street, portions of Canal Street, Surfside, and Bennett Streets, subject to a replat, authorized by Ordinance No. 20244, on March 15, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Acquisition of Parcels 1 and 10, authorized by Motion No. M87-0215 on June 2, 1987 Acquisition of Parcel 12, authorized by Motion No. M87-0284 on August 11, 1987 Acquisition of Parcel 16, authorized by Motion No. M87-0364 on November 3, 1987 Authorizing acquisition of Parcels 2, 3, 4, 5, 6, 7, 8, 11, 15, and 16 by Condemnation by Resolution No. 19941 on August 25, 1987 Acquisition of Parcels 5 and 6, authorized by Motion No. M88-0038 on February 16, 1988 Acquisition of Parcel 7, authorized by Motion No. M88-0055 on March 15, 1988 Acquisition of Parcel 4, authorized by Motion No. M88-0066 on March 22, 1988 Acquisition of Parcels 2 and 3, authorized by Motion No. M88-0120 on May 24, 1988 Acquisition of Parcels 13 and 14, authorized by Resolution 20147 on January 5, 1988 Acquisition of Lots 3, 4, 5, and 6, Block 69, Beach Portion authorized by Resolution No. 20210 on February 16, 1988 Acquisition of Parcel 15, authorized by Resolution No. 20353 on June 21, 1988 Page 1 of 3 20 Acquisition of Parcel 11, authorized by Motion No. M88-0078 on April 5, 1988 Acquisition of Parcel owned by Helen Royal, authorized by Resolution No. 20346 on June 21, 1988 Actions related to parking Lot A for Aquarium: - Multiple Use Agreement with Texas Department of Transportation to allow parking under the SH 181 bridge adjacent to TSA - 5 year parking lease with TSA for parking lots A, B, C authorized by Ordinance No. 021839 on December 21, 1993 - Contact between City and TSA to construct a parking lot, issue Certificates of Obligation, set out payment obligations, etc., authorized by Motion No. M89-0344 on November 28, 1989 - Contract between City and Haas Construction Co.for paving streets,parking lots,bus loop, irrigation, and landscaping improvements, authorized by Resolution No. 020852 on December 19, 1989 - Actions related to financing for Aquarium - Ordinance No. 020309 authorizing Tax and Tax Increment Financing Revenue Certificates of Obligation on - Ordinance No. 020488 amending Ordinance No. 020309, which authorized Tax and TIF Revenue Certificates of Obligation, on October 4, 1988 - Ordinance No. 020166 amending Re-Investment Zone No. 1 contracts with various governmental agencies to provide financing for improvements to Aquarium and the Corpus Christi Museum of Natural History on January 19, 1988 - Resolution 020169 on January 19, 1988 - Ordinance No. 019674 authorized a purchase agreement and Management contract which set out duties, rights, obligations of City and TSA to construct and operate the Aquarium on June 15, 1987 Page 2 of 3 21 Actions related to construction in area around Aquarium: Award of construction contract for Waterfront Improvements to Garrett Construction Company, authorized by Motion No. M88-0050 on March 8, 1988. Acceptance of Waterfront Improvements by Garrett Construction Co., authorized by M88- 0271 on December 20, 1988. Award a Wastewater Line Construction Project to King Isles, authorized by Motion No. M89-0071 on March 14, 1989. Award an infrastructure contract to King Isles, authorized by Motion No. M89-0226 on August 15, 1989. Award a contract to remove a leaking underground petroleum storage tank to Genesis Environmental, authorized by Motion No. M90-094 on April 10, 1990. Page 3 of 3 22 Exhibit A Texas State Aquarium Subdivision, Lot G, as recorded in Volume 68 Page 856, Nueces County Clerk Records. R-90.00'23' Y ep a /41 t r r � r !l 8 i =fr" ��,i�h f• 4._2&49' par" 1 �>) U fw Al;\ �a /'r' ` ;, Plat of 7SCS I7T r r .SUbC1YVYS10f1 Lot G WIg I a—plat of Lets A-1,B,C and D,Texas State Aquarum SuhdMe-, a map of wh'ch i m( i reoordad in Voluma 54, Pagea 117 118, Map �5 R—M M Nueces County, Texas, and IA-3, �N Texoa It.Aquorium 111d e—,a p of wh'ch ty 's recorded n Volume 6o, Pagea 135-136, Map Records of Nueces County,Taxas . p� SUmDitted:Jan.11 20 ��OliN J NO2 If 21.BL.00 �/ E.wA INEERING MA.B1e% 23 Exhibit B Property located at 4901 Rincon Rd., Corpus Christi, Texas, which includes BROOKLYN ACREAGE 124.78 ACS OUT OF W. E. POPE TR. 2 of i I I J i I I I I I I I I i c I I i I I I I 11 I I I < I I I I I I p� l I I I I C4 I I 1 I -jam - 1 IE I I b1'�✓f 4R. 1 /R• w if.Lf M r I I I I I 1 ' I I I I I I I ` I I 1 I I _ I I 3 1 I ! I I 1 s p I 1 I Q I 1 I 1 • _ i 1 N� � l 1 h 1 I 1 � t it I t I I I I 1 1 r I i I I I 3 1 1 1 I I I 1 9C'II?�7A • r W PORT OF CORPUS CHRISTI AUTAORITT u TUAS STATE AQUAMM ASSOCTATION• IMC. 2.9e ACRE IFASE 24 DESCRIPTION OF SEALAB IMPROVEMENTS: The subject consists of four(4) metal frame buildings on concrete slab. The buildings are connected together and have a metal exterior and roof with overhead doors and pedestrian doors in each. Building #1 contains 5,750 square feet and is utilized as an office/laboratory facility with+/- 80% of the space as office and+/- 20%laboratory space. Building #2 is a high bay metal building containing 3,150 square feet with a 24 foot eve height. It has two 12'x 14' overhead doors and two pedestrian doors that lead outside. Building #3 is similar to Building 92 and contains 3,000 square feet but has an eve height of 14 feet. It is a warehouse building with no interior finish and is utilized primarily to house an observation tank for large marine animals. It has one 12'x 14' overhead door and a pedestrian door. Building #4 is a metal warehouse building containing 1,666 square feet with an eve height of 10 feet. The building is being utilized as locker/restroom facilities for youth groups that use the facilities for educational purposes and field trips. The site is perimeter fenced and has approximately 37,17 5 square feet of asphalt paving. An in- ground, concrete tank measuring 45 feet wide by 185 feet long with a depth of 7 feet is located near the entrance of the property. 25 Exhibit C '� .AYdon j�,ifi�'•g.. "" tit pr 'Y.o' m } Aver- 7 ve ,a r 26 Exhibit D I. TEXAS STATE AQUARIUM (TSA) LEASE INSURANCE REQUIREMENTS A. TSA must not commence work under this agreement until it has obtained all insurance required herein and such insurance has been approved by the City. Nor may TSA allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. TSA must furnish to the City's Risk Manager 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Insurance 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury AUTOMOBILE LIABILITY--OWNED NON- $1,000,000 COMBINED SINGLE LIMIT OWNED OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 PROPERTY INSURANCE No less than 80%of full replacement cost coverage for 1. All Risk coverage to include Windstorm, all TSA real and personal property Hurricane and Hail and Flood Insurance In the event of accidents of any kind, TSA must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 27 II. ADDITIONAL REQUIREMENTS A. TSA must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company,the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance,then within 10 calendar days after the date the Contract Administrator or his designee requests that TSA sign the contract documents, TSA must provide the Risk Manager with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter signed by the TSA stating that the certificate of authority to self-insure remains in effect and is not subject to any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then TSA must immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to City of Corpus Christi, Legal Department, P.O. Box 9277, Corpus Christi, TX 78469- 9277 -Attention: Contractor Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or through self-insurance,the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by TSA will be promptly met. B. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form,the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of change or cancellation is required. C. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1)-(7) are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. 28 Exhibit E FORM OF CERTIFICATION FOR PAYMENT (Certification for Payment—Rescue Center) CERTIFICATION FOR PAYMENT FORM NO. The undersigned [(the "Construction Manager")/("TSA"] requests payment from The City of Corpus Christi (the"City") in the amount of$ for labor, design, materials, fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the Rescue Center. In connection with the above referenced payment, [the Construction Manager/TSA] represents and warrants to the City as follows: I. The undersigned is a duly authorized officer of[the Construction Manager/TSA], is qualified to execute this Certification for Payment Form No. on behalf of [the Construction Manager/TSA], and is knowledgeable as to the matters set forth herein. 2. The work described in Attachment A has been completed in the percentages stated therein. 3. The Certification for Payment for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Attachment A, is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. [Attached hereto as Attachment B is a true and correct copy of a bills paid affidavit evidencing that any contractor or subcontractor having performed work described in Attachment A has been paid in full for all work completed through the previous Certification for Payment.][Include bracketed language if final progress payment for such Authorized Improvement] 6. Attached hereto as Attachment C are invoices,receipts,purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested. (Signature pages follow) 29 I hereby declare that the above representations and warranties are true and correct. [ a [Texas] [limited liability company], as CONSTRUCTION MANAGER/Texas State Aquarium Association, a Texas nonprofit corporation] By: Name: Title: JOINDER OF PROJECT ENGINEER The undersigned Project Engineer joins this Certification for Payment solely for the purposes of certifying that the representations made by [Construction Manager/TSA] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: APPROVAL OF CERTIFICATION FOR PAYMENT The City is in receipt of the attached Certification for Payment Form No. , acknowledges the Certification for Payment and otherwise finds the Certification for Payment Form No. to be in order. After reviewing the Certification for Payment Form, the City approves the Certification for Payment Form No. and shall release payment from [the appropriate account] to [the Construction Manager/TSA] or to any person designated by the [Construction Manager/TSA]. CITY OF CORPUS CHRISTI, TEXAS By: Name: Title: Date: 30 ATTACHMENT A TO CERTIFICATION FOR PAYMENT FORM NO. Segment Description of Work Completed under Actual Costs this Certification for Payment ATTACHMENT B TO CERTIFICATION FOR PAYMENT FORM NO. [Include Attachment B bracketed if final progress payment for such Authorized Improvement] [bills paid affidavit and release of liens - attached] ATTACHMENT C TO CERTIFICATION FOR PAYMENT FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested] .�pvs c� 0 � F U AGENDA MEMORANDUM /NCORPOlthl' First Reading Ordinance for the City Council Meeting of October 19, 2021 1852 Second Reading Ordinance for the City Council Meeting of October 26, 2021 DATE: August 23, 2021 TO: Peter Zanoni, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health AnAn netter�cctexas.com 361-826-7205 Acceptance and appropriation of the Public Health Crisis Response (PHCR) Workforce Contract in the amount $1,550,000 CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS)and the Corpus Christi- Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. SUMMARY: The funding from this contract will specifically fund four(4) public health positions that will support and continue operational readiness for COVID-19 response. Contract funding will also provide compensation adjustments over the next two years to retain current Health Department employees. In addition, the contract allows for an indirect cost reimbursement for general governmental support. BACKGROUND AND FINDINGS: This workforce contract is to provide a plan for retention and training for existing Health Department employees and recruit new staff to address issues relevant to the local communities served and support of Coronavirus (COVID-19) response. The funding in this contract passes through the Department of State Health Services (DSHS) from Public Health Crisis Response Cooperative Agreement for Emergency Response from the Centers for Disease Control and Prevention (CDC). PROCUREMENT DETAIL: The Corpus Christi-Nueces County Public Health Department applied for this funding through the Department of State Health Services. ALTERNATIVES: Refuse the contract, reject the $1,550,000 FISCAL IMPACT: This contract will not have a fiscal impact on the General Fund for FY2021-2022. This program is 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831571 F Mission Element: 103 Health Disease Prevention Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Notice of Award Contract No. HHS001076700001 Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District in the amount of$1,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19) response through the following: hiring four full-time public health positions (two project managers, one public information officer and one accountant), adjusting compensation for current Health District staff who were involved in the pandemic response March 2020 through May 2021, providing indirect cost reimbursement for general government support, and procuring office supplies. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section Section 1: The City Manager or designee is authorized to execute all documents necessary to enter into a contract HHS 0001076700001 with the Department of State Health Services (DSHS) in the amount of $1 ,550,000 for the period August 18, 2021 through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19). The funds are appropriated in Health Grants Fund 1066. Section 2: The funds are planned as follows: four full-time public health positions (two project managers, one public information officer and one accountant); for compensation adjustments for 48 current staff; for indirect cost reimbursement for general government support; and office supplies. Section 3: The City Manager or designee Director of the CCNCPHD is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 4: A copy of the executed grant shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 2 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A TEXASJ `V Health and Human Texas Department of State Health Services Services John Hellerstedt,M.D. Commissioner Annette Rodriguez, MPH Corpus Christi-Nueces County Public Health District (City) 1702 Horne Rd. Corpus Christi, Texas 78416 Subject: CPS/PH Workforce Contract Contract Number: HHS001076700001 Contract Amount: $1,550,000.00 Contract Term: Upon Execution through June 30, 2023 Dear Ms. Rodriguez: Enclosed is the CDC Public Health Crisis Response (PHCR) Co-Ag: Public Health Workforce contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to establish, expand, train, and sustain the state, tribal, local, and territorial (STLT) public health workforce to support jurisdictional COVID-19 prevention, preparedness, response, and recovery initiatives, including school-based health programs. Public health agencies are expected to use available funding to recruit, hire, and train personnel to address projected jurisdictional COVID-19 response needs to include hiring personnel to build capacity to address STLT public health priorities deriving from COVID-19. Please let me know if you have any questions or need additional information. Sincerely, Jennifer Boggs, CTCM Contract Manager 512-776-3967 Jennifer.Boggs@dshs.texas.gov P.O.Box 149347 • Austin,Texas 78714-9347 • Phone:888-963-7111 • TTY:800-735-2889 • wwwdshs.texas.gov DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A INTERLOCAL COOPERATION CONTRACT THE DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No.HHS001076700001 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and Corpus Christi- Nueces County Public Health District(City) ("Local Government," "Grantee," "Performing Agency," or "Contractor"), each a"Party" and collectively the "Parties,"enter into the following contract for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID- 19) response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC-RFA-TP18-1802) from the Centers for Disease Control and Prevention (CDC). I. PARTIES The following will act as the Representative authorized to act on behalf of their respective Party. System Agency Local Government Name: Department of State Health Services Name: Corpus Christi-Nueces County Public Health District(City) Address: 1100 W. 49th Street, MC 1990 Address: 1702 Horne Rd. City and Zip: Austin, TX 78756 City and Zip: Corpus Christi, Texas 78416 Contact Person: Jennifer Boggs Contact Person: Annette Rodriguez, MPH Telephone: 512-776-2304 Health Department: 361-826-7205 Fax number: 512-776-7391 Main Line: 361-826-1343 E-Mail Address: Jennifer.Boggsgdshs.texas.gov E-Mail Address: AnnetteR(C cctexaS.com Agency Number: 537 II. STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A—Statement of Work. 111. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign this agreement and terminates on June 30,2023,unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this Contract only through the execution of a written amendment signed by both Parties. System Agency Contract No.HHS001076700001 Page 1 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract shall not exceed $1,550,000.00, as provided for in Attachment B — Bud2et. VI. LEGAL NOTICES Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services 1100 W. 49th Street, MC 1911 Austin, TX 78756 Attention: Office of General Counsel Local Government Name: Annette Rodriguez, MPH Address: 1702 Horne Rd. City & Zip: Corpus Christi, Texas 78416 E-Mail Address: AnnetteRgcctexas.com Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VII. CERTIFICATIONS The undersigned contracting Parties certify that: (1) The services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract; (3) The proposed arrangements serve the interest of efficient and economical administration of state government; and (4) The services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791, Texas Health and Safety Code, Chapter 81, and Texas Government, Code 531. The Local Government further certifies that it has statutory authority to contract for the services described in this Contract under Texas Government Code, Chapter 791. System Agency Contract No.HHS001076700001 Page 2 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A VIII.ADDITIONAL GRANT INFORMATION In accordance with 2 CFR 200.331(A), if any of the following information is not available at time of contract execution, then it will be provided to the Grantee by a Technical Guidance Letter. Federal Award Identification Number(FAIN): NU90TP922165 Federal Award Date: 5/20/2021 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: Federal, 93.354 Awarding Official Contact Information: Ms. Sylvia Reeves, 770-488-2739, gpg0@cdc.gov DUNS: 807391511 System Agency Contract No.HHS001076700001 Page 3 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT NO.HHS001076700001 THE DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Signature Simature Annette Rodriguez MPH Printed Name Printed Name Health Director Title Title Date Date THE FOLLOWING ATTACHMENTS TO THIS CONTRACT ARE HEREBY INCORPORATED BY REFERENCE AND MADE PART OF THIS CONTRACT: ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—FISCAL FEDERAL ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) CERTIFICATE ATTACHMENT D—HHS UNIFORM TERMS AND CONDITIONS—GOVERNMENTAL ENTITY, VERSION 3.0 ATTACHMENT E—DATA USE AGREEMENT ATTACHMENT F—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT G—CONTRACT AFFIRMATIONS 1.8 System Agency Contract No.HHS001076700001 Page 4 of 4 v.3.1.17 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19—Public Health Workforce Expansion I. GRANTEE RESPONSIBILITIES Grantee will: A. Establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19)response and in alignment with the Public Health Crisis Response Cooperative Agreement for Emergency Response (Funding Opportunity Number CDC- RFA-TP 18-1802) from the Centers for Disease Control and Prevention (CDC). B. Complete all activities required and allowable under this Contract by June 30, 2023. C. Perform required activities intended to slow the transmission of COVID-19, minimize morbidity and mortality,preserve function of healthcare workforce and infrastructure, and minimize social and economic impacts. Required activities include: 1. Hire public health personnel (professional, clinical, disease investigation,program and/or administrative) in support of COVID-19 and infectious disease preparedness and response. Personnel may be permanent full or part-time staff, temporary or term- limited staff, fellows, interns and/or contracted employees. 2. Establish a formal committee that will ensure Grantee's health programs, methods and outcomes meet the diverse needs of the communities served. a Within 30 days of Contract execution, submit a roster of this committee that describes how members are reflective of the communities to be served and can best address community public health needs to WorkforceCoAggdshs.texas.com and the assigned Contract Manager. b. Within 60 days of Contract execution, submit proposed plan to address health disparities, and your training plan to WorkforceCoAggdshs.texas.com and the assigned Contract Manager, using the template provided by System Agency. 3. Provide training for staff to be equipped to address health disparities appropriately, as recommended by the committee, to existing and new staff, focusing on issues relevant to the local communities served. D. Funds cannot be used for research, clinical care, medical or clinical supplies, fund-raising activities, construction or major renovations, to supplant existing state or federal funds for activities,purchase of vehicles of any kind (including mobile medical clinics), clothing to include uniforms or scrubs or funding an award to another party or provider who is ineligible. Any furniture/cubicle purchases will require PRIOR approval by System Agency. Funds cannot be used for the preparation, distribution, or use of any material (publicity or propaganda) or to pay the salary or expenses of grant recipients, contract recipients, or agents that aim to support or defeat the enactment of legislation, regulation, administrative action, or executive order proposed or pending before a legislative body beyond normal, recognized executive relationships. E. Comply with all applicable regulations, standards, and guidelines in effect on the beginning date of this Contract and as amended. Page 1 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19—Public Health Workforce Expansion F. The following documents and resources are incorporated herein by reference and made a part of this Contract as if fully set forth therein: 1. DSHS and CDC Public Health Crisis Response Cooperative Agreement, Funding Opportunity Number: CDC-RFA-TP18-1802; 2. Project workplan G. Maintain an inventory of equipment, supplies defined as Controlled Assets, and real property. Grantee shall submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee's Property Inventory Report to the assigned System Agency Contract Manager by email not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. H. Expenses are eligible for reimbursement review and payment in alignment with the Grant Award effective date of July 1, 2021. IL PERFORMANCE MEASURES DSHS will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. DSHS will develop performance measures in collaboration with the Grantee. III. REPORTING REQUIREMENTS Grantee, at the request of the System Agency, may be required to submit additional reports determined necessary to accomplish the objectives of and monitor compliance with this Contract. Grantee must submit reports in a format specified by the System Agency. Grantee will provide System Agency financial reports as System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. If Grantee is legally prohibited from providing any report under this Contract, Grantee will immediately notify System Agency in writing. Grantee will provide and submit written reports, by electronic mail in the format specified by System Agency. Grantee will complete and submit the bi-annual program and financial reports by the 5th business day of each month. Grantee shall maintain the source documentation used to develop the reports. All written reports should be titled with the Grantee name, address, email address, telephone number,program name, contract or purchase order number, dates services were completed and/or products were delivered,the time period of the report, total invoice amount, and invoices paid to subgrantees for services received. A. Submit local health entity COVID-19 Workforce Expansion progress reports and spend Page 2 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19-Public Health Workforce Expansion plans within an established timeframe designated by the System Agency, using the template provided by System Agency. Progress reports will include status updates on meeting hiring goals, addressing health disparities and reporting progress through financial reports. Failure to submit a required report or additional requested information by the due date specified in this Contract listed below or upon request constitutes breach of contract and may result in delay of payment. Reports should be sent electronically to WorlforceCoAggdshsAexas.com and the assigned Contract Manager. Progress Reports - due 7-Jan-22 Progress Reports - due 7-Jul-22 Progress Reports - due 9-Jan- Progress Reports - due 7-Jul-23 B. Submit a final performance report that describes progress toward achieving the objectives contained in the approved workplan and deliverables contained in this Contract to WorkforceCoAg(2dshs.texas.com and the assigned Contract Manager, 30 days after end of Contract period, using the template provided by System Agency. IV. INVOICE AND PAYMENT A. Grantee will request payment monthly using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. The Grantee will submit the Financial Status Report(FSR-269A). Vouchers, supporting documentation, and Financial Status Reports should be mailed or emailed to the addresses below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices2dshs.texas.gov & CMSInvoices2dshs.texas.gov& cc your contract manager. B-13s and supporting documentation should be sent to: invoices e,dshs.texas.gov & CMSInvoices2dshs.texas.gov & cc your contract manager. FSRs should be sent to: FSRGrants2dshs.texas.gov & CMSInvoices2dshs.texas.gov& cc your contract manager. s Page 3 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ATTACHMENT A STATEMENT OF WORK COVID-19—Public Health Workforce Expansion B. Grantee will be reimbursed monthly and in accordance with Attachment B, Budget. Reimbursement shall be subject to the submission of required and appropriate documentation, and in accordance with applicable law and governing regulations. Page 4 of 4 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Attachment B Budget Budget Categories DSHS Funding Personnel $916,312 Fringe Benefits $416,647 Travel $0 Equipment $0 Supplies $1,041 Contractual $0 Other $0 Total Direct Costs $1,334,000 Indirect Cost Rate Amount $216,000 Contract Total $1,550,000 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Attachment C Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact# 1 Name, Email and Phone Number: Primary Address of Contractor: FFATA Contact#2 Name, Email and Phone Number: ZIP Code: 9-digits Required www.usps.com DUNS Number: 9-digits Required www.sam.gov State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits Printed Name of Authorized Representative Signature of Authorized Representative Title of Authorized Representative Date - 1 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Attachment C Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑ No If your answer is "Yes", skip questions "A" "B" and "C" and finish the certification. If your answer is "No", answer questions "A" and "B" A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ❑ No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ❑ No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question,where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000,Mary Redd:50000,Eric Gan t:400000,Todd Platt:300000, Sally Tom:300000 Provide compensation information here: - 2 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A TEXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Governmental Entity Version 3.0 Published and Effective - March 1 , 2020 Responsible Office: Chief Counsel Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 1 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Table of Contents ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS .........................................................................5 1.1 DEFINITIONS......................................................................................................................5 1.2 INTERPRETIVE PROVISIONS..............................................................................................7 ARTICLE II. PAYMENT PROVISIONS................................................................................................................8 2.1 PROMPT PAYMENT............................................................................................................8 2.2 ANCILLARY AND TRAVEL EXPENSES................................................................................8 2.3 NO QUANTITY GUARANTEES............................................................................................8 2.4 TAXES ................................................................................................................................8 ARTICLE III.STATE AND FEDERAL FUNDING................................................................................................8 3.1 EXCESS OBLIGATIONS PROHIBITED.................................................................................8 3.2 NO DEBT AGAINST THE STATE.........................................................................................8 3.3 DEBT AND DELINQUENCIES...............................................................................................9 3.4 REFUNDS AND OVERPAYMENTS........................................................................................9 ARTICLE IV.WARRANTY,AFFIRMATIONS,ASSURANCES,AND CERTIFICATIONS....................................9 4.1 WARRANTY........................................................................................................................9 4.2 GENERAL AFFIRMATIONS.................................................................................................9 4.3 FEDERAL ASSURANCES ...................................................................................................10 4.4 FEDERAL CERTIFICATIONS.............................................................................................10 ARTICLE V.INTELLECTUAL PROPERTY........................................................................................................10 5.1 OWNERSHIP OF WORK PRODUCT...................................................................................10 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS...........................................................11 5.3 THIRD PARTY IP..............................................................................................................11 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS...........................................11 5.5 DELIVERY UPON TERMINATION OR EXPIRATION..........................................................11 5.6 SURVIVAL.........................................................................................................................12 5.7 SYSTEM AGENCY DATA...................................................................................................12 ARTICLEVI.PROPERTY..................................................................................................................................12 6.1 USE OF STATE PROPERTY...............................................................................................12 6.2 DAMAGE TO GOVERNMENT PROPERTY..........................................................................13 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....................13 Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 2 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ARTICLE VII.RECORD RETENTION,AUDIT,AND CONFIDENTIALITY......................................................13 7.1 RECORD MAINTENANCE AND RETENTION.....................................................................13 7.2 AGENCY'S RIGHT TO AUDIT...........................................................................................13 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS................................14 7.4 STATE AUDITOR'S RIGHT To AUDIT ..............................................................................14 7.5 CONFIDENTIALITY...........................................................................................................15 ARTICLE VIII.CONTRACT REMEDIES AND EARLY TERMINATION..........................................................15 8.1 CONTRACT REMEDIES.....................................................................................................15 8.2 TERMINATION FOR CONVENIENCE.................................................................................15 8.3 TERMINATION FOR CAUSE..............................................................................................15 8.4 PERFORMING AGENCY RESPONSIBILITY FOR TERMINATION COSTS............................16 ARTICLE IX.GENERAL PROVISIONS.............................................................................................................16 9.1 AMENDMENT ...................................................................................................................16 9.2 INSURANCE ......................................................................................................................16 9.3 LIMITATION ON AUTHORITY...........................................................................................16 9.4 LEGAL OBLIGATIONS......................................................................................................17 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS.........................................................17 9.6 E-VERIFY PROGRAM.......................................................................................................17 9.7 PERMITTING AND LICENSURE.........................................................................................17 9.8 SUBCONTRACTORS..........................................................................................................18 9.9 INDEPENDENT PERFORMING AGENCY............................................................................18 9.10 GOVERNING LAW AND VENUE........................................................................................18 9.11 SEVERABILITY.................................................................................................................18 9.12 SURVIVABILITY................................................................................................................18 9.13 FORCE MAJEURE.............................................................................................................19 9.14 DISPUTE RESOLUTION.....................................................................................................19 9.15 NO IMPLIED WAIVER OF PROVISIONS............................................................................19 9.16 MEDIA RELEASES............................................................................................................19 9.17 NO MARKETING ACTIVITIES ..........................................................................................20 9.18 PROHIBITION ON NON-COMPETE RESTRICTIONS...........................................................20 9.19 SOVEREIGN IMMUNITY....................................................................................................20 9.20 ENTIRE CONTRACT AND MODIFICATION.......................................................................20 9.21 COUNTERPARTS...............................................................................................................20 9.22 CIVIL RIGHTS..................................................................................................................20 Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 3 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS..............................................22 9.24 DISCLOSURE OF LITIGATION..........................................................................................22 9.25 NO THIRD-PARTY BENEFICIARIES .................................................................................22 9.26 BINDING EFFECT.............................................................................................................22 Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 4 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Contract other than those permitted by Work Orders. "Attachment" means documents, terms, conditions, or information added to this Contract following the Signature Document or included by reference and made a part of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, purchase orders, or Work Orders that may be issued by the System Agency, to be incorporated by reference for all purposes. "Deliverable" means a Work Product(s), including all reports and project documentation, prepared, developed, or procured by Contractor as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Goods" means supplies, materials, or equipment. "Health and Human Services Commission" or"HHSC" means the administrative agency established under Chapter 531, Texas Government Code, or its designee. "Health and Human Services" or"HHS"includes the Department of State Health Services (DSHS), in addition to the Health and Human Services Commission. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such rights may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code,website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 5 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Performing Agency,collectively. "paqy" means either the System Agency or Performing Agency,individually. "Performing Agency" means the State Agency providing the goods or services defined in this Contract. "Project" means the goods or Services described in the Signature Document or a Work Order of this Contract. "Receiving Agency" means the State agency receiving the benefit of the goods or services provided under this Contract. "Scope of Work" means the description of Services and Deliverables specified in the Contract and as may be amended. "Services" means the tasks, functions, and responsibilities assigned and delegated to Performing Agency under the Contract. "Signature Document"means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation"means the document issued by the System Agency (including any published addenda, exhibits, and Attachments)under which the goods or Services provided under the Contract were initially requested,which is incorporated by reference for all purposes in its entirety. "Solicitation Response" means Performing Agency's full and complete response (including any Attachments and addenda) to the Solicitation, which is incorporated by reference for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas TextraveT' means the State Travel Management Program through the Texas Comptroller of Public Accounts website and Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22,relative to travel reimbursements under this Contract, if any. "Subcontract"means any written agreement between Performing Agency and a third party to fulfill the requirements of the Contract. All Subcontracts are required to be in writing. "Subcontractor" means any individual or entity that enters a contract with the Performing Agency to perform part or all of the obligations of Performing Agency under this Contract. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under state law and the officers, employees, authorized representatives, and designees of those agencies. These agencies include: HHSC and the Department of State Health Services. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 6 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A "Third Party IP"means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor. "Work" means all Services to be performed, goods to be delivered, and any appurtenant actions performed, and items produced, conceived, or developed, including Deliverables. "Work Order"means an individually negotiated document that is executed by both Parties and which authorizes a Project, if any, in an indefinite quantity Contract. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software, programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the Deliverables, that are developed, produced, generated, or provided by Performing Agency in connection with Performing Agency's performance of its duties under the Contract or through use of any funding provided under this Contract. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision,section,Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii)references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. G. All Attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative, and each will be performed in accordance with its terms. I. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 7 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ARTICLE IL PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Contract, no ancillary expenses incurred by the Performing Agency in connection with its provision of the Services or Deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to costs associated with transportation, delivery, and insurance for each Deliverable. B. When the reimbursement of travel expenses is authorized by the Contract, all such expenses will be reimbursed in accordance with the rates set by the State of Texas Textravel available at the Texas Comptroller of Public Accounts State Travel Management Program website. 2.3 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Contract. All Work requested may be on an irregular and as needed basis throughout the Contract term. 2.4 TAXES Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax. Performing Agency represents and warrants that it shall pay all taxes or similar amounts resulting from the Contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Performing Agency or its employees. System Agency shall not be liable for any taxes resulting from the contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED The Contract is subject to termination or cancellation, without penalty to the System Agency, ether in whole or in part, subject to the availability of state funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Performing Agency's delivery or performance under the Contract impossible or unnecessary, the Contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Performing Agency for any damages that are caused or associated with such termination, or cancellation, and System Agency will not be required to give prior notice. 3.2 NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 8 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 3.3 DEBT AND DELINQUENCIES Performing Agency agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 3.4 REFUNDS AND OVERPAYMENTS A . At its sole discretion, the System Agency may: i. withhold all or part of any payments to Performing Agency to offset overpayments, unallowable or ineligible costs made to the Performing Agency, or if any required financial status report(s) is not submitted by the due date(s); or, ii. require Performing Agency to promptly refund or credit - within thirty (30) calendar days of written notice - any funds erroneously paid by System Agency which are not expressly authorized under the Contract. B. "Overpayments," as used in this Section, include payments: i. made by the System Agency that exceed the maximum allowable rates; ii. that are not allowed under applicable laws, rules, or regulations; or, iii. that are otherwise inconsistent with this Contract, including any unapproved expenditures. Performing Agency understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Performing Agency further understands and agrees that reimbursement of such disallowed costs shall be paid by Performing Agency from funds which were not provided or otherwise made available to Performing Agency under this Contract. ARTICLE IV.WARRANTY,AFFIRMATIONS,ASSURANCES, AND CERTIFICATIONS 4.1 WARRANTY Performing Agency warrants that all Work under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Contract; and all Deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Performing Agency has failed to complete Work timely or to perform satisfactorily under conditions required by this Contract, the System Agency may require Performing Agency, at its sole expense, to: i. Repair or replace all defective or damaged Work; ii. Refund any payment Performing Agency received from System Agency for all defective or damaged Work and, in conjunction therewith, require Performing Agency to accept the return of such Work; and, iii. Take necessary action to ensure that Performing Agency's future perfonnance and Work conform to the Contract requirements. 4.2 GENERAL AFFIRMATIONS Performing Agency certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the General Affirmations and that Performing Agency is in compliance with all requirements. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 9 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 4.3 FEDERAL ASSURANCES Performing Agency certifies that, to the extent federal assurances are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal assurances and that Performing Agency is in compliance with all requirements. 4.4 FEDERAL CERTIFICATIONS Performing Agency certifies that, to the extent federal certifications are incorporated into the Contract under the Signature Document, the Performing Agency has reviewed the federal certifications and that Performing Agency is in compliance with all requirements. In addition, Performing Agency certifies that it is and shall remain in compliance with all applicable federal laws,rules, and regulations,as they may pertain to this Contract. ARTICLE V.INTELLECTUAL PROPERTY 5.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Performing Agency and Performing Agency's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire"under applicable federal law, Performing Agency hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Performing Agency agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Performing Agency has any rights in and to the Work Product that cannot be assigned to System Agency, Performing Agency hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense,to reproduce,distribute,modify, create derivative works of,publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Performing Agency. Performing Agency shall provide System Agency access during normal business hours to all Vendor materials, premises, and computer files containing the Work Product. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 10 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 5.2 PERFORMING AGENCY'S PRE-EXISTING WORKS A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract("Incorporated Pre-existing Works"), Performing Agency retains ownership of such Incorporated Pre-existing Works. B. Performing Agency hereby grants to System Agency an irrevocable, perpetual, non- exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made,the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Performing Agency represents,warrants, and covenants to System Agency that Performing Agency has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency. 5.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Performing Agency, Performing Agency hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business purposes only, i. to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and ii. to authorize others to do any or all of the foregoing. B. Performing Agency shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Performing Agency shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Performing Agency shall provide System Agency all supporting documentation demonstrating Performing Agency's compliance with this Section 5.3, including without limitation documentation indicating a third party's written approval for Performing Agency to use any Third Party IP that may be incorporated in the Work Product. 5.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Performing Agency shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Performing Agency's compliance with Performing Agency's obligations under this Article V. 5.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Contract or upon System Agency's request, Performing Agency shall deliver to System Agency all completed, or partially completed,Work Product,including any Incorporated Pre-existing Works, and any and all versions thereof. Performing Agency's failure to timely deliver such Work Product is a material breach of the Contract. Performing Agency will not retain any copies of the Work Product or any documentation or other products or results of Performing Agency's activities under the Contract without the prior written consent of System Agency. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 11 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 5.6 SURVIVAL The provisions and obligations of this Article V survive any termination or expiration of the Contract. 5.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Performing Agency by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated, processed, transmitted, or stored by Performing Agency in the course of providing data processing services in connection with Performing Agency's performance hereunder (the "System Agency Data"), is owned solely by System Agency. B. Performing Agency has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Performing Agency to fulfill its obligations under the Contract or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Performing Agency is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Performing Agency shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Performing Agency's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Performing Agency's performance of its obligations hereunder. ARTICLE VI. PROPERTY 6.1 USE OF STATE PROPERTY A. Performing Agency is prohibited from using State Property for any purpose other than performing Services authorized under the Contract. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops, portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network (VPN client)), and any other resources of System Agency. C. Performing Agency shall not remove State Property from the continental United States. In addition, Performing Agency may not use any computing device to access System Agency's network or e-mail while outside of the continental United States. D. Performing Agency shall not perform any maintenance services on State Property unless the Contract expressly authorizes such Services. E. During the time that State Property is in the possession of Performing Agency,Performing Agency shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 12 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ii. all charges attributable to Performing Agency's use of State Property that exceeds the Contract scope. Performing Agency shall fully reimburse such charges to System Agency within ten (10) calendar days of Performing Agency's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Contract shall constitute breach of contract and may result in termination of the Contract and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 6.2 DAMAGE TO GOVERNMENT PROPERTY A. In the event of loss, destruction,or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Performing Agency or Performing Agency's employees, agents, Subcontractors, and suppliers, Performing Agency shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Performing Agency shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1) business day. Performing Agency shall reimburse System Agency and the State of Texas for such property damage within 10 calendar days after Performing Agency's receipt of System Agency's notice of amount due. 6.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Contract is terminated for any reason, or upon its expiration State Property remains the property of the System Agency and must be returned to the System Agency by the end date of the Contract or upon System Agency's request. ARTICLE VII.RECORD RETENTION,AUDIT,AND CONFIDENTIALITY 7.1 RECORD MAINTENANCE AND RETENTION A. Performing Agency shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. B. Performing Agency shall maintain and retain legible copies of this Contract and all records relating to the performance of the Contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by Performing Agency for a minimum of seven(7)years after the Contract expiration date or seven (7)years after the completion of all audit, claim, litigation, or dispute matters involving the Contract are resolved, whichever is later. 7.2 AGENCY'S RIGHT TO AUDIT A. Performing Agency shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Performing Agency pertaining to the Contract for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 13 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A B. In addition to any right of access arising by operation of law, Performing Agency and any of Performing Agency's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing,Performing Agency shall produce original documents related to this Contract. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Performing Agency shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Performing Agency must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the Services and Deliverables provided. Any such correction will be at Performing Agency's or its Subcontractor's sole expense. Whether Performing Agency's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the Services, Performing Agency must provide to System Agency upon request a copy of those portions of Performing Agency's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.4 STATE AUDITOR'S RIGHT TO AUDIT A. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. B. The Performing Agency shall comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 14 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 7.5 CONFIDENTIALITY Performing Agency shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency Data, System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Contract. The obligations of Performing Agency under this section will survive termination or expiration of this Contract. This requirement must be included in all subcontracts awarded by Performing Agency. ARTICLE VIII.CONTRACT REMEDIES AND EARLY TERMINATION 8.1 CONTRACT REMEDIES To ensure Performing Agency's full performance of the Contract and compliance with applicable law, the System Agency reserves the right to hold Performing Agency accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to: i. suspending all or part of the Contract; ii. requiring the Performing Agency to take specific actions in order to remain in compliance with the Contract; iii. recouping payments made by the System Agency to the Performing Agency found to be inerror; iv. suspending, limiting, or placing conditions on the Performing Agency's continued performance of Work; or v. imposing any other remedies, sanctions, or penalties authorized under this Contract or permitted by federal or state law. 8.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Contract, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 8.3 TERMINATION FOR CAUSE Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: i. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, in its sole discretion, that Performing Agency has materially breached the Contract or has failed to adhere to any laws, ordinances,rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Performing Agency's duties under the Contract. Performing Agency's misrepresentation in any aspect of Performing Agency's Solicitation Response,if any, or Performing Agency's addition to the System for Award Management(SAM)will also constitute a material breach of the Contract. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 15 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A ii. Failure to Maintain Financial Viability The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Performing Agency no longer maintains the financial viability required to complete the Work, or otherwise fully perform its responsibilities under the Contract. 8.4 PERFORMING AGENCY RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Contract for cause, the Performing Agency shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Performing Agency. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Performing Agency's failure to perform any Work in accordance with the terms of the Contract. ARTICLE IX. GENERAL PROVISIONS 9.1 AMENDMENT The Contract may only be amended by an Amendment executed by both Parties. 9.2 INSURANCE A. Unless otherwise specified in this Contract, Performing Agency shall acquire and maintain, for the duration of this Contract,insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Performing Agency shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Performing Agency shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Performing Agency must produce renewal certificates for each type of coverage. B. These and all other insurance requirements under the Contract apply to both Performing Agency and its Subcontractors, if any. Performing Agency is responsible for ensuring its Subcontractors' compliance with all requirements. 9.3 LIMITATION ON AUTHORITY A. The authority granted to Performing Agency by the System Agency is limited to the terms of the Contract. B. Performing Agency shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Contract; no other authority,power, or use is granted or implied. Performing Agency may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 16 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A C. Performing Agency may not rely upon implied authority and is not granted authority under the Contract to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Contract. However, upon System Agency request and with reasonable notice from System Agency to the Performing Agency, the Performing Agency shall assist the System Agency in communications and negotiations regarding the Work under the Contract with state and federal governments. 9.4 LEGAL OBLIGATIONS Performing Agency shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Performing Agency shall be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. 9.5 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Performing Agency shall comply with all laws, regulations, requirements and guidelines applicable to a vendor providing services and products required by the Contract to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as amended throughout the term of the Contract. System Agency reserves the right, in its sole discretion, to unilaterally amend the Contract to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 9.6 E-VERIFY PROGRAM Performing Agency certifies that for Contracts for Services, Performing Agency shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of the Contract to determine the eligibility of: i. all persons employed by Performing Agency to perform duties within Texas; and ii. all persons, including subcontractors, assigned by the Performing Agency to perform Work pursuant to the Contract within the United States of America. 9.7 PERMITTING AND LICENSURE At Performing Agency's sole expense, Performing Agency shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver,permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Performing Agency to provide the goods or Services required by this Contract. Performing Agency shall be responsible for payment of all taxes, assessments, fees, premiums,permits, and licenses required by law. Performing Agency shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 17 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9.8 SUBCONTRACTORS Performing Agency may not subcontract any or all of the Work and/or obligations under the Contract without prior written approval of the System Agency. Subcontracts, if any, entered into by the Performing Agency shall be in writing and be subject to the requirements of the Contract. Should Performing Agency Subcontract any of the services required in the Contract, Performing Agency expressly understands and acknowledges that in entering into such Subcontract(s), System Agency is in no manner liable to any subcontractor(s) of Performing Agency. In no event shall this provision relieve Performing Agency of the responsibility for ensuring that the services performed under all Subcontracts are rendered in compliance with the Contract. 9.9 INDEPENDENT PERFORMING AGENCY Performing Agency and Performing Agency's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent Performing Agencies in providing the services under the Contract.Neither Performing Agency nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. Performing Agency shall have no claim against System Agency for vacation pay, sick leave,retirement benefits, social security,worker's compensation,health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Contract shall not create any joint venture, partnership, agency, or employment relationship between Performing Agency and System Agency. 9.10 GOVERNING LAW AND VENUE This Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas,unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 9.11 SEVERABILITY If any provision of the Contract is held to be illegal, invalid or unenforceable by a court of law or equity, such construction will not affect the legality, validity or enforceability of any other provision or provisions of this Contract. It is the intent and agreement of the Parties this Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Contract will continue in full force and effect. 9.12 SURVIVABILITY Expiration or termination of the Contract for any reason does not release Performing Agency from any liability or obligation set forth in the Contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination. Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 18 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9.13 FORCE MAJEURE Neither Performing Agency nor System Agency shall be liable to the other for any delay in, or failure of performance of, any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God,war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 9.14 DISPUTE RESOLUTION A. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code must be used to attempt to resolve any dispute arising under the Contract. If the Performing Agency's claim for breach of contract cannot be resolved informally with the System Agency,the claim shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Performing Agency shall submit written notice, as required by Chapter 2260,to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirements or toll the timing of the formal written notice of a claim for breach of contract required under §2260.051 of the Texas Government Code. Compliance by the Performing Agency with Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260. B. The contested case process provided in Chapter 2260 is the Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the System Agency if the Parties are unable to resolve their disputes as described above. C. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by the System Agency, the Performing Agency shall continue performance and shall not be excused from performance during the period of any breach of contract claim or while the dispute is pending. However,the Performing Agency may suspend performance during the pendency of such claim or dispute if the Performing Agency has complied with all provisions of Section 2251.051, Texas Government Code, and such suspension of performance is expressly applicable and authorized under that law. 9.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Performing Agency which is in violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 9.16 MEDIA RELEASES A. Performing Agency shall not use System Agency's name, logo, or other likeness in any press release, marketing material, or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor, commodity, or service. Performing Agency is not authorized to make or participate in any media releases or public announcements pertaining to this Contract or the Services to which they relate without Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 19 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Performing Agency may publish, at its sole expense, results of Performing Agency performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound)will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.17 NO MARKETING ACTIVITIES Performing Agency is prohibited from using the Work for any Performing Agency or third- party marketing, advertising, or promotional activities, without the prior written consent of System Agency. The foregoing prohibition includes, without limitation, the placement of banners,pop-up ads,or other advertisements promoting Performing Agency's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Performing Agency as part of the Work. 9.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Performing Agency shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.19 SOVEREIGN IMMUNITY Nothing in the Contract shall be construed as a waiver of the System Agency's or the State's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses,remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce,or any delay in the enforcement of, any privileges,rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. 9.20 ENTIRE CONTRACT AND MODIFICATION This Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible. 9.21 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. 9.22 CIVIL RIGHTS A. Performing Agency shall comply with all applicable state and federal anti-discrimination laws, including: Health and Human Services Uniform Terms and Condition-Governmental Entity V.3.0-March 1,2020 Page 20 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d, et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101, el seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011, et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. B. Performing Agency shall comply with all amendments to these laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any service or other benefit provided by Federal or State funding, or otherwise be subjected to discrimination. C. Performing Agency shall comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R.Part 80 or 7 C.F.R.Part 15, prohibiting a Performing Agency from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Civil rights laws require Performing Agency's to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Performing Agency shall take reasonable steps to provide services and information, both orally and in writing and electronically, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Performing Agency shall post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: hlt 2://hhscx.hhsc.texas.gov/system-support-services/civil-rights/publications D. Performing Agency shall comply with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 28 CFR Subpart G § 42.503, and Americans with Disabilities Act of 1990 and its implementing regulations at 28 CFR Subpart B §35.130 which includes requiring Performing Agency to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the Performing Agency can demonstrate that making the modifications would fundamentally alter the nature of the service,program, or activity. E. Performing Agency shall comply with federal regulations regarding equal treatment for faith-based organizations under 45 C.F.R. Part 87 or 7 C.F.R. Part 16, as applicable. Performing Agency shall not discriminate against clients or prospective clients on the basis of religion or religious belief, and shall provide written notice to beneficiaries of their rights. F. Upon request,Performing Agency shall provide the HHSC Civil Rights Office with copies of the Performing Agency's civil rights policies and procedures. G. Performing Agency must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 21 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A more than ten (10) calendar days after receipt of a complaint. This notice must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885. 9.23 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Performing Agency shall conform to HHS standards for data management as described by the policies of the HHS Chief Data and Analytics Officer. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 9.24 DISCLOSURE OF LITIGATION A. The Performing Agency must disclose in writing to the contract manager assigned to this Contract any material civil or criminal litigation or indictment either threatened or pending involving the Performing Agency. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Performing Agency must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material"refers,but is not limited,to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Performing Agency's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Contract Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 9.25 NO THIRD-PARTY BENEFICIARIES The Contract is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Contract as a third-party beneficiary or otherwise. 9.26 BINDING EFFECT The Contract shall inure to the benefit of, be binding upon, and be enforceable against, each Party and their respective permitted successors, assigns, transferees, and delegates. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Uniform Terms and Condition—Governmental Entity V.3.0—March 1,2020 Page 22 of 22 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A HHS DATA USE AGREEMENT This Data Use Agreement("DUA"), effective as of the date the Base Contract into which it is incorporated is signed("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page I of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR,or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein "PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative"of the Individual, as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A a manner that is not expressly an Authorized Purpose under this DUA or as Required by 45 CFR 164.502(b)(1);45 CFR 164.514(d) (B) Except as Required by L CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 C.ER. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management,to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code§181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.ER. 164.308(a)(1)(h)(C); 164.530(e); 164.410(b);164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information,or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (h) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5);42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request.CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS'request. 45 CFR 164.524and 164.504(e)(2)(ii)(E). (I) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and(F). (J) If PHI is subject to this Agreement,CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations.45 CFR 164.504(e)(2)(ii)(G) and 164.528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law,provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR I 64.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroye or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction.If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(J) HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306;164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); I 64.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1)and Information Security Official,each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502;164.514(d). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316;164.514(d);164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws.A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule,regulation or law,HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system,media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation,audit or the Discovery of an Event or Breach. Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure"means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates,receives, maintains,uses, discloses,has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A—Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law,regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits,destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (A) CONTRACTOR will cooperate fully with HHS in investigating,mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues,until all effects of the Event are mitigated to HHS's reasonable satisfaction (the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m)below:45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible(or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected,including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor,or Individuals and any law enforcement that may be involved in the Event or Breach; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any,mitigation, corrective action,root cause analysis and when such activities are expected to be completed; and HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals,regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10)business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation,for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page I I of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control,CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection,HHS's agent(s)include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity,construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas,will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will,in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages,to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA.Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change,waiver, or discharge is sought to be HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or(ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15of15 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A OMB Number:4040-0007 Expiration Date:02/28/2022 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794),which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, Q)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs.These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the 15 Will comply with the Laboratory Animal Welfare Act of program and to purchase flood insurance if the total cost of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et insurable construction and acquisition is$10,000 or more. seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National 16. Will comply with the Lead-Based Paint Poisoning Environmental Policy Act of 1969 (P.L. 91-190)and Prevention Act(42 U.S.C. §§4801 et seq.)which Executive Order(EO) 11514; (b) notification of violating prohibits the use of lead-based paint in construction or facilities pursuant to EO 11738; (c) protection of wetlands rehabilitation of residence structures. pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of 17. Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972 (16 U.S.C. §§1451 et seq.); (f)conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ealth Director APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A HEALTH AND HUMAN SERVICES Contract Number HHS001076700001 EXHIBIT/ATTACHMENT G. CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission(HHSC)and the Department of State Health Services(DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals,officers,directors,shareholders,partners, owners,agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 1 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 5. Assignment A. Contractor shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use, produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 2 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code,relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1)the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 3 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment,then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment,then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 4 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 26. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost,misappropriated,or misused,or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity,the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office(SAO). All employees or contractors who have reasonable cause to believe that fraud,waste,or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws,rules,regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 5 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A All reports made to the OIG must be made through one of the following avenues: • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of pe@ry of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition,Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 6 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1) it does not, and shall not for the duration of the Contract, boycott Israel or (2) the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees— Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 7 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true,correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act(the Act),to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241,Health and Safety Code,or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 8 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or contract is not ineligible to receive the specified contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Contractor represents and warrants that it is in compliance with Section 161.0085(c) of the Texas Health and Safety Code and eligible, pursuant to that section, to receive a grant or enter into a contract payable with state funds. 41. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 42. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 43. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 44. Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment. 45. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 9 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A 46. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended(29 U.S.C. Chapter 15). 47. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 10 of 11 DocuSign Envelope ID:C575EDBB-BBBB-4ED7-A9BF-5F8E05E4FA6A Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s),if any, for each Texas County Where Assumed Name Certificate(s) has been filed Signature of Authorized Representative Date Signed Annette Rodriguez MPH Health Director Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name Physical Street Address City,State, Zip Code Mailing Address, if different City,State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Payee ID No.— 11 digits Texas Franchise Tax Number Texas Secretary of State Filing Number Health and Human Services Contract Affirmations v. 1.8 Effective June 2021 Page 11 of 11 DvcuSign Certificate Of Completion Envelope Id: C575EDBBBBBB4ED7A9BF5F8EO5E4FA6A Status: Sent Subject: HHS001076700001, Corpus County Public Health District(CITY), Base Contract Source Envelope: Document Pages:62 Signatures: 0 Envelope Originator: Certificate Pages:5 Initials:0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 160.42.85.9 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 8/2/2021 2:38:32 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Annette Rodriguez MPH Sent:8/4/2021 11:47:40 AM AnnetteR@cctexas.com Viewed:8/16/2021 6:05:02 PM Health Director Corpus Christi-Nueces County Public Health District Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 6:05:02 PM ID:b662c7e0-b6f5-4b00-809b-b87f393b9f77 Annette Rodriguez MPH Sent:8/2/2021 3:51:57 PM AnnetteR@cctexas.com Viewed:8/2/2021 4:10:52 PM Health Director Corpus Christi-Nueces County Public Health District Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/2/2021 4:10:52 PM ID:2ba92c6d-35d2-4139-9ad5-65de2266d1ed Helen Whittington helen.whittington@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 3:46:48 PM ID: l c6048c3-1 b24-4f2f-bb4f-47l d774051 ce Patty Melchior Patty.Melchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 3:30:39 PM ID:20af20e7-7771-4fc0-aOeb-e119eded82b9 Kirk Cole Kirk.Cole@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2021 8:07:57 AM ID:89ca58ab-42f6-40cb-9345-b8aa55efd26b In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Dina Chavez Sent:8/4/2021 11:47:40 AM Dinac@cctexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Boggs Jennifer.Boggs@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Inbox cmucontracts@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Beverly Taylor Beverly.Taylor@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/2/2021 3:51:57 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to:Annette Rodriguez MPH,Annette Rodriguez MPH, Helen Whittington, Patty Melchior, Kirk Cole ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify DSHS Contract Management Section as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DSHS Contract Management Section during the course of your relationship with DSHS Contract Management Section. so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 19, 2021 DATE: October 6, 2021 TO: Peter Zanoni, City Manager THRU: Andrea Gardner, Assistant City Manager and reaga(o-)-cctexas.com 361.826.3506 FROM: Tracey K. Cantu, Interim Director of Neighborhood Services tracevc(a)cctexas.com 361.826.3021 Annual Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Annual Board Meeting of the Corpus Christi Housing Finance Corporation to elect officers, consider a resolution amending and reaffirming the Corpus Christi Housing Finance Corporation's Investment Policy and Investment Strategy, consider a resolution increasing the bond issuance fee and consider an inducement resolution for $15,000,000 in Multifamily Revenue Bonds for a new 144 unit affordable housing multi-family development at Greenwood Drive and Golihar Road. SUMMARY: The purpose is to hold the Annual Board Meeting of the Corpus Christi Housing Finance Corporation and to elect officers, approve a resolution amending and reaffirming the Corpus Christi Housing Finance Corporation's Investment Policy and Investment Strategy and consider matters pertaining to the issuance of multifamily housing revenue bonds. BACKGROUND AND FINDINGS: Election of Officers After each City Council election and the appointment of new board members, the CCHFC must elect new officers which are: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, General Manager and Assistant General Manager. Typically, the President and Vice President have been elected from the Board and those positions were filled in the last election by Rudy Garza, as President, and Michael T. Hunter, as Vice President. The Bylaws provide that all officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions. The recommendation for these positions is as follows: General Manager Peter Zanoni Assistant General Manager Andrea Gardner Secretary Rebecca Huerta Assistant Secretary Ruth Bocchino Treasurer Heather Hurlbert Assistant Treasurer Judy Villalon Investment Policy The Board annually must review, amend as necessary and reaffirm its the Investment Policy and Investment Strategy. The resolution provided addresses the requirement for the Board to review, amend and reaffirm the Investment Policy and Investment Strategy. Bond Issuance Fees The CCHFC originally was organized in 1979 for the purpose of issuing single family revenue bonds when double-digit interest rates for home mortgages made it difficult for first-time homebuyers. It successfully completed three bond issues in 1980, 1982 and 1985 that provided for the origination of over 2,000 home mortgages for first-time home buyers. The CCHFC also issued multifamily housing revenue bonds to finance five apartment projects in the 1980's as well. When conditions changed in the bond markets, the CCHFC ceased issuing bonds and refocused its efforts in originating mortgage credit certificates which assisted over 3,000 first-time homebuyers during the period from 1987 through 2009 when that program concluded. The CCHFC has not addressed the matter of fees charged for the issuance of multi-family housing revenue bonds since the 1980's. It last issued multi-family housing revenue bonds in 2005 in connection with the Costa Tarragona I Apartments in which the CCHFC owns the land and participated as a co-developer and partner in the project. Historically, its issuance fees have been in the range of one-half of one percent (0.50%) of the bond amount. By comparison, issuers in San Antonio now receive one percent (1.0%) as issuance fees. The attached Resolution adjusts the fee schedule for multifamily housing revenue bonds to be one percent (1.0%) of the bonds issued. Inducement Resolution G3J Creative LLC, a single asset entity, is interested in developing an affordable housing project in Corpus Christi. The project will use 4% tax credits and multifamily housing revenue bonds. In order to include their preliminary costs and land acquisition in a possible future issuance of revenue bonds, they are requesting the adoption of a preliminary resolution known as an "inducement resolution" by the CCHFC. The CCHFC has no legal obligation to issue any bonds at any time in the future, and any issuance of bonds will be subject to review and approval at a future meeting of the Board. The inducement resolution solely is for the purpose of allowing inclusion of the preliminary expenses incurred in the event that bonds are issued at some point in the future. Any revenue bonds issued by the CCHFC solely are payable from the loan payments received from a particular development project. They are not a general obligation of the CCHFC, and neither the City of Corpus Christi nor its credit are involved. The CCHFC has no taxing power. ALTERNATIVES: The CCHFC may select those persons it chooses to be officers, it may amend the Investment Policy, it can implement such bond issuance fees as it desires, and it can elect not to adopt the proposed inducement resolution. FISCAL IMPACT: There is no current year Fiscal impact for this item. Funding Detail: Fund: NA Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: NA RECOMMENDATION: Staff recommends the adoption of the resolutions for the amending and reaffirming of the Investment Policy and Investment Strategy, the increase in fees and the inducement for multifamily revenue bonds. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved October 27, 2020, Board Meeting Minutes Treasurer's Report Resolution Adopting Investment Policy and Investment Strategy Exhibit A 2021-2022 CCHFC Investment Policy 2021-2022 CCHFC Investment Policy Redline Resolution Amending Fee Schedule for Multifamily Housing Revenue Bonds Resolution with Respect to the Issuance of Bonds to Finance activities for G3J Creative LLC CCHFC Bond Transaction Guide Green Wood Manor Project Overview and Map PowerPoint AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, October 19, 2021 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Vice President Michael T. Hunter calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Officers Michael T. Hunter, Vice President Peter Zanoni, General Manager Paulette M. Guajardo Vacant, Asst. General Manager John Martinez Rebecca Huerta, Secretary Mike Pusley Vacant, Asst. Secretary Billy A. Lerma Alma I. Casas, Treasurer Ben Molina Judy Villalon, Asst. Treasurer Roland Barrera Greg Smith Gil Hernandez 3 PUBLIC COMMENT 4. Approve minutes of October 27, 2020, Board meeting 5. Treasurer's Report 6. Election of Officers President Vice President General Manager Peter Zanoni Assistant General Manager Andrea Gardner Secretary Rebecca Huerta Assistant Secretary Ruth Bocchino Treasurer Heather Hurlbert Assistant Treasurer Judy Villalon 7. Resolution amending and reaffirming the Investment Policy and Investment Strategy for the Corpus Christi Housing Finance Corporation. 8. Resolution amending the fee for multifamily revenue bonds by the Corpus Christi Housing Finance Corporation from one-half of one percent to one percent of the principal amount of the bonds issued. 9. Resolution with respect to the issuance of bonds to finance facilities for G3J Creative LLC. 10. Adjournment MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL BOARD MEETING OCTOBER 27,2020 3:52 p.m. PRESENT Board of Directors Officers Michael T. Hunter, Vice-President Peter Zanoni, General Manager Roland Barrera Samuel "Keith" Selman, Asst. Gen, Mgr. Paulette Guajardo Rebecca Huerta, Secretary Gil Hernandez Paul Pierce, Asst. Secretary Joe McComb Alma Casas, Treasurer Ben Molina Judy Villalon, Asst. Treasurer Everett Roy Greg Smith Vice-President Hunter called the meeting to order in the Council Chambers of City Hall at 3:52 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting. Vice-President Hunter referred to Item 3 and called for public comment. There were no comments from the public. Vice-President Hunter referred to Item 4 and called for approval of the minutes of the August 25, 2020 meeting. Board Member Molina made a motion to approve the minutes as presented, seconded by Board Member Smith and passed unanimously. Vice-President Hunter referred to Item 5 as follows: Resolution amending and adopting the Investment Policy and Investment Strategy for the Corpus Christi Housing Finance Corporation. Director of Finance Heather Hurlbert presented the following information: the City adopts an investment policy and the same investment policy has to be adopted by the separate entities. Board Members and Director Hurlbert discussed the following topics: the investments are guided by the Public Funds Investment Act(PFIA). Board Member Barrera made a motion to approve Item 5, seconded by Board Member Hunter and passed unanimously. Vice-President Hunter referred to Item 6 as follows: Resolution for participation in TexPool investment pools and designating authorized representatives. Director of Finance Heather Hurlbert presented the following information: the TexPool Investments Pools have to be taken to all the different corporations and entities to make sure that everyone is in alignment with the City's investment policy. There were no questions from the Board. Board Member Hunter made a motion to approve Item 6, seconded by Board Member Molina and passed unanimously. There being no further business to come before the Corpus Christi Housing Finance Corporation, Vice-President Hunter adj ourned the meeting at 3:59 p.m. CORPUS CHRISTI HOUSING FINANCE CORPORATION BALANCE SHEET Septemeber 30, 2021 Assets Cash, cash equivalents & investments $ 475,400 Accounts Receivable 237,311 Total assets $ 712,711 Liabilities Unearned revenue $ 237,311 Fund Balance Restricted 475,400 Total liabilities and fund balances $ 712,711 CORPUS CHRISTI HOUSING FINANCE CORPORATION STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE TWELVE MONTHS ENDED SEPTEMBER 30, 2021 Revenues Charges for services $ - Earnings on investments 236 Total revenues 236 Expenditures Community Development - Excess of revenues over expenditures $ 236 Fund Balance at October 1, 2020 475,165 Fund balance at April 30, 2020 $ 475,400 Resolution amending and reaffirming the Investment Policy and Investment Strategy for the Corpus Christi Housing Finance Corporation Whereas, the Texas Public Funds Investment Act requires the governing body of the Corpus Christi Housing Finance Corporation (the "Corporation") to annually review, amend as necessary, and reaffirm its investment policy and investment strategy by resolution. Therefore, be it resolved by the Board of Directors of the Corpus Christi Housing Finance Corporation: Section 1. The Board has reviewed the Investment Policy and Investment Strategy, which is attached to this resolution as Exhibit A and is incorporated by reference into this resolution as if set out here in its entirety. Section 2. The Board finds that the Investment Policy and Investment Strategy is in the best interest of the Corporation and approves said Investment Policy and Investment Strategy as the Investment Policy and Investment Strategy of the Corporation. PASSED AND APPROVED on the day of 2021: Paulette M. Guajardo Michael T. Hunter John Martinez Mike Pusley Billy A. Lerma Ben Molina Roland Barrera Greg Smith Gil Hernandez ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Rebecca Huerta, Secretary President Corpus Christi Housing Finance Corporation Investment Policy and Investment Strategy Adopted Date October 192-7, 2021�� TABLE OF CONTENTS I. POLICY STATEMENT.................................................................................. 2 II. SCOPE ....................................................................................................... 2 III. PRUDENCE............................................................................................... 2 IV. OBJECTIVES ............................................................................................. 3 V. LEGAL LIMITATIONS AND AUTHORITIES .................................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY................................ 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS .......... 5 VIII. AUTHORIZED INVESTMENTS ................................................................. 5 IX. REPURCHASE AGREEMENT COLLATERALIZATION ................................... 7 X. SAFEKEEPING............................................................................................ 7 XI. INTERNAL CONTROLS .............................................................................. 8 XII. REPORTING............................................................................................. 9 XIII. DEPOSITORIES ....................................................................................... 9 XIV. AUDITS AND COMPLIANCE WITH LAWS ............................................. 10 XV. INVESTMENT POLICY ADOPTION ......................................................... 10 XVI. INVESTMENT STRATEGY...................................................................... 11 APPENDIX A. RESOLUTION..................................................................................................12 1 CORPUS CHRISTI HOUSING FINANCE CORPORATION INVESTMENT POLICY AND INVESTMENT STRATEGY Adopted, October 19,1:�, 20212WQ This Investment Policy ("Policy') sets forth the specific policies and guidelines and general strategy for the investment of funds of the Corpus Christi Housing Finance Corporation ("Corporation") in order to achieve the Corporation's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and investment strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the Corporation and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. All funds of the Corporation are pooled for investment purposes and efficiency into the Corporation's Investment Portfolio ("Portfolio"). All investments must be accounted for in the City of Corpus Christi's ("City') Comprehensive Annual Financial Report ("CAFR"). III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, 2 considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the Corporation's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the Corporation meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Diversification The Corporation will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. D. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the Corporation. V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. Corporation Board The Corporation Board ("Board") has fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Investment Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee and authorized Investment Officers of the City (as named in the City's 3 Investment Policy and Investment Strategies) as the Corporation's Investment Committee and authorized Investment Officers, respectively. The Executive Director of the Corporation Board will coordinate with the Investment Officers on all strategy decisions and provide cash flow requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results.The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the Portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the Board. The Investment Committee will review quarterly investment reports before submission to the Board. C. Investment Officer The Investment Officers will be responsible for the daily operations of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust, if applicable. Should funds be removed from a Trust or there is no Trust, the Investment Officers will settle investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board representatives. The Investment Officers will follow training guidelines as set forth in the City's Investment Policy and Investment Strategies. D. Investment Advisor The Corporation may use the City's Investment Advisor, if applicable. The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the Ethics and Conflicts of Interest section in the City's Investment Policy and Investment Strategies. 4 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City's Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the Corporation as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the Corporation with a written certification executed by a qualified representative of the firm acknowledging that the business organization has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the Corporation's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described bythe Act. If additional types of securities are approved for investment of public funds by State statute, they will not be eligible for investment by the Corporation until this Policy has been amended and the amended version adopted by the Board. The Corporation is not required to liquidate investments that were authorized investments at 5 the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured o; e^"a+^Falize^' depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the Board (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured ^" e^"a+e-Falizedinterest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the Corporation's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A1/P1,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the Corporation to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the Corporation depository; 6 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. At least three bids or offers must be solicited for all other transactions involving individual securities. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Bids for certificates of deposit may be solicited in any manner permitted by the Act. C. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a DVP basis. D. The Portfolio, as a pooled fund group, shall have a maximum dollar-weighted average maturity of one year (365 days) IX. REPURCHASE AGREEMENT COLLATERALIZATION As a local government corporation,the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level (currently $250,000), inclusive of accrued interest. A. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved bythe Corporation under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement are required and the counter-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, if applicable. Should funds be removed from a Trust, or if there is no Trust, the Investment Officers will settle 7 investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the Corporation's depository in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the Corporation. The Executive Director will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the Portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The Corporation shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Investment Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the Corporation 8 based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the Corporation, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the Corporation above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and the Board a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the Portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the Corporation; C. Be signed by each Investment Officer of the Corporation; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in the Corporation for which each individual investment was acquired; and H. State the compliance of the Portfolio of the Corporation as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by the independent auditor of the City, and the result of the review shall be reported to the City Council by that auditor.The City Council will then distribute the results to the Board. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The Corporation will use the City's depository bank or, if applicable,the depository listed in the Indenture of Trust. The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. 9 XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The Board shall review and adopt by resolution its Investment Policy and Investment Strategy not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategy. <This space is intentionally left blank.> 10 XVI. INVESTMENT STRATEGY All funds of the Corporation are commingled for investment purposes and efficiency into one portfolio. The Corporation's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and-hold portfolio. Information on expected expenditures from the Executive Director of the Board will be incorporated in Investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The Portfolio is maintained to meet anticipated daily cash needs for Corporation operations. The objectives of the Portfolio are to: A. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; B. Ensure that anticipated cash flows are matched with adequate investment liquidity; C. Limit market and credit risk through diversification; and D. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The Portfolio shall have a maximum dollar-weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15%of the Portfolio shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in the Corporation's cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the Portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation's cash flow requirements. Because this Portfolio is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should trackthe risk benchmark but will naturally lag as market interest rates, which adjust daily, move. 11 Exhibit A Corpus Christi Housing Finance Corporation Investment Policy and Investment Strategy Adopted Date October 19, 2021 TABLE OF CONTENTS I. POLICY STATEMENT................................................................................. 2 II. SCOPE...................................................................................................... 2 III. PRUDENCE ............................................................................................. 2 IV. OBJECTIVES............................................................................................ 3 V. LEGAL LIMITATIONS AND AUTHORITIES.................................................. 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY ............................... 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS .......... 5 VIII. AUTHORIZED INVESTMENTS ................................................................ 5 IX. REPURCHASE AGREEMENT COLLATERALIZATION .................................. 7 X. SAFEKEEPING .......................................................................................... 7 XI. INTERNAL CONTROLS............................................................................. 8 XII. REPORTING ........................................................................................... 9 XIII. DEPOSITORIES...................................................................................... 9 XIV. AUDITS AND COMPLIANCE WITH LAWS............................................. 10 XV. INVESTMENT POLICY ADOPTION ........................................................ 10 XVI. INVESTMENT STRATEGY..................................................................... 11 APPENDIX A. RESOLUTION..................................................................................................12 1 CORPUS CHRISTI HOUSING FINANCE CORPORATION INVESTMENT POLICY AND INVESTMENT STRATEGY Adopted, October 19, 2021 This Investment Policy ("Policy') sets forth the specific policies and guidelines and general strategy for the investment of funds of the Corpus Christi Housing Finance Corporation ("Corporation") in order to achieve the Corporation's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and investment strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the Corporation that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the Corporation and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the Corporation. II. SCOPE This Investment Policy applies to all the financial assets of the Corporation. All funds of the Corporation are pooled for investment purposes and efficiency into the Corporation's Investment Portfolio ("Portfolio"). All investments must be accounted for in the City of Corpus Christi's ("City') Comprehensive Annual Financial Report ("CAFR"). III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, 2 considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the Corporation's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer,to assure that the Corporation meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high-credit quality securities will be used for their marketability. C. Diversification The Corporation will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. D. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the Corporation. V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. Corporation Board The Corporation Board ("Board") has fiduciary responsibility for all funds. The Board is responsible for reviewing and adopting the Investment Policy and Investment Strategy on no less than an annual basis. The Board has resolved to designate the Investment Committee and authorized Investment Officers of the City (as named in the City's 3 Investment Policy and Investment Strategies) as the Corporation's Investment Committee and authorized Investment Officers, respectively. The Executive Director of the Corporation Board will coordinate with the Investment Officers on all strategy decisions and provide cash flow requirements. This will provide efficiency and cost effectiveness but retain control of investment strategy and final decision-making by the Corporation. The Board shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the Portfolio. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the Board. The Investment Committee will review quarterly investment reports before submission to the Board. C. Investment Officer The Investment Officers will be responsible for the daily operations of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions and will direct the settlement and safekeeping of securities in accordance with any controlling Indenture of Trust, if applicable. Should funds be removed from a Trust or there is no Trust, the Investment Officers will settle investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board representatives. The Investment Officers will follow training guidelines as set forth in the City's Investment Policy and Investment Strategies. D. Investment Advisor The Corporation may use the City's Investment Advisor, if applicable. The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the Ethics and Conflicts of Interest section in the City's Investment Policy and Investment Strategies. 4 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers the City's Investment Committee has approved, and all requirements for these institutions of the City are to be met for Corporation funds. No investment transactions may be entered into with a brokerage subsidiary of the City or the Corporation's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. The Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the Corporation as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the Corporation with a written certification executed by a qualified representative of the firm acknowledging that the business organization has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the Corporation's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described bythe Act. If additional types of securities are approved for investment of public funds by State statute, they will not be eligible for investment by the Corporation until this Policy has been amended and the amended version adopted by the Board. The Corporation is not required to liquidate investments that were authorized investments at 5 the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of two years (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the Board (2256.016). 5. AAA-rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. states, agencies, counties, cities, and other political subdivisions of any state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of three years [2256.009(x)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the Corporation's safekeeping agent, not to exceed two years to maturity. Before purchase,the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. A1/P1,or equivalent, rated commercial paper with a maximum maturity of 270 days subject to meeting one of the two stated conditions in Sec. 2256.013. (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the Corporation to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the Corporation depository; 6 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. At least three bids or offers must be solicited for all other transactions involving individual securities. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Bids for certificates of deposit may be solicited in any manner permitted by the Act. C. Delivery versus Payment Requirement All security transactions, including collateral for repurchase agreements, shall be conducted on a DVP basis. D. The Portfolio, as a pooled fund group, shall have a maximum dollar-weighted average maturity of one year (365 days) IX. REPURCHASE AGREEMENT COLLATERALIZATION As a local government corporation,the Corporation is not authorized to have collateral pledged to it for time and demand bank deposits in accordance with FDIC regulations. Time and demand deposits in any bank holding company must be limited by the FDIC insurance level (currently $250,000), inclusive of accrued interest. A. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the Corporation. (2256.011) It will be held by an independent third-party safekeeping institution approved by the Corporation under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement are required and the counter-party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the US Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any US state or US state sub-division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The Corporation shall maintain safekeeping under the Indenture of Trust, if applicable. Should funds be removed from a Trust, or if there is no Trust, the Investment Officers will settle 7 investments into the Corporation's safekeeping account and provide documentation of the safekeeping to the Board. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the Corporation's depository in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent loss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the Corporation. The Executive Director will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the Portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The Corporation shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Investment Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the Corporation 8 based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the Corporation, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the Corporation above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and the Board a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the Portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the Corporation; C. Be signed by each Investment Officer of the Corporation; D. Contain a summary statement of each pooled fund group that states the: 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in the Corporation for which each individual investment was acquired; and H. State the compliance of the Portfolio of the Corporation as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by the independent auditor of the City, and the result of the review shall be reported to the City Council by that auditor.The City Council will then distribute the results to the Board. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The Corporation will use the City's depository bank or, if applicable,the depository listed in the Indenture of Trust. The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. 9 XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. XV. INVESTMENT POLICY ADOPTION The Board shall review and adopt by resolution its Investment Policy and Investment Strategy not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategy. <This space is intentionally left blank.> 10 XVI. INVESTMENT STRATEGY All funds of the Corporation are commingled for investment purposes and efficiency into one portfolio. The Corporation's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs. The Portfolio is to be managed pro-actively considering ongoing market changes but is essentially a buy-and-hold portfolio. Information on expected expenditures from the Executive Director of the Board will be incorporated in Investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The Portfolio is maintained to meet anticipated daily cash needs for Corporation operations. The objectives of the Portfolio are to: A. Ensure safety of principal by investing only in high-credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; B. Ensure that anticipated cash flows are matched with adequate investment liquidity; C. Limit market and credit risk through diversification; and D. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The Portfolio shall have a maximum dollar-weighted average maturity(WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15%of the Portfolio shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in the Corporation's cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the Portfolio shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the Corporation's cash flow requirements. Because this Portfolio is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should trackthe risk benchmark but will naturally lag as market interest rates, which adjust daily, move. 11 Resolution amending the fee for multifamily revenue bonds by the Corpus Christi Housing Finance Corporation from one-half of one percent to one percent of the principal amount of the bonds issued WHEREAS, Corpus Christi Housing Finance Corporation (the "Corporation") is a nonprofit housing finance corporation duly organized and existing under the laws of the State of Texas, including particularly the Texas Housing Finance Corporations Act, as amended codified in Chapter 394 of the Texas Local Government Code; and WHEREAS, the Corporation has not increased its fees in more than 16 years and needs to update its fee schedule for the issuance of multifamily revenue bonds in order to be consistent with other issuers in the region; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. The Corporation shall increase the fee for multifamily revenue bonds from one-half of one percent to one percent of the principal amount of the bonds issued or as otherwise approved by the board of directors. PASSED AND APPROVED on the day of ' 2021 : Paulette M. Guajardo Michael T. Hunter John Martinez Mike Pusley Billy A. Lerma Ben Molina Roland Barrera Greg Smith Gil Hernandez ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Rebecca Huerta, Secretary President RESOLUTION WITH RESPECT TO THE ISSUANCE OF BONDS TO FINANCE FACILITIES FOR G3J CREATIVE LLC WHEREAS, Corpus Christi Housing Finance Corporation (the "Corporation") is a nonprofit housing finance corporation duly organized and existing under the laws of the State of Texas, including particularly the Texas Housing Finance Corporations Act, as amended (the "Act") codified in Chapter 394 of the Texas Local Government Code; WHEREAS, the City of Corpus Christi, Texas (the "City") has authorized and approved the creation of the Corporation to act on its behalf to further certain public purposes of the City; WHEREAS, G3J Creative LLC, a corporation to be organized and existing under the laws of the State of Texas, has requested that the Corporation consider financing for the acquisition and construction of multifamily housing facilities in Corpus Christi, together with real and personal property related thereto, more particularly described on Exhibit A attached (the "Facilities"); WHEREAS, for purposes of this Resolution, G3J Creative LLC and any "related person" (within the meaning of Section 147 of the Internal Revenue Code of 1986, as amended) thereto, shall be referred to herein as the "Company"; WHEREAS, the Company has advised the Corporation that a contributing factor which would further induce the Company to proceed with providing for the acquisition, construction and equipment of the Facilities would be a commitment and agreement by the Corporation to issue bonds pursuant to the Act (the "Bonds") to finance and pay for the Facilities; WHEREAS, the Company has proposed to the Corporation that the Company, acting for the benefit of the Corporation, will be further induced to proceed with providing for the acquisition and construction of the Facilities if the Corporation will make such commitment and agreement and adopt this Resolution; WHEREAS, the Corporation finds, intends, and declares that this Resolution shall, in accordance with its provisions, constitute the commitment and agreement of the Corporation to issue the Bonds, in one or more series, in such aggregate principal amount, presently estimated to be $15,000,000, as is actually required to finance and pay for the acquisition, construction and equipment of the Facilities, together with all costs and fees of or incurred in connection with the issuance of the Bonds and the acquisition and construction of the Facilities, and interest costs and/or expenses during the estimated period of construction and for a reasonable period thereafter, to the extent permitted by federal or state law; and WHEREAS, the Corporation finds, considers, and declares that the issuance of the Bonds in such amount and for such purposes will be appropriate and consistent with the objectives of the Act, and that the adoption of this Resolution is and constitutes, and is intended as (i) an inducement to the Company to proceed with providing the Facilities, (ii) the taking of affirmative official action by the Corporation, acting by and through its Board of Directors, towards the issuance of such Bonds, and that such action is, and is intended to be, similar to the adoption of a bond resolution, within the meaning of Section 1 .142-4 of the U.S. Department of Treasury Regulations and Section 142 of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to Exempt Facility Bonds, (iii) the declaration of the intention of the Corporation, in accordance with the provisions of Section 1.150-2 of the U.S. Department of Treasury Regulations to reimburse expenditures for the Facilities at such time as the Bonds are issued, and (iv) applying to the Company or any "related person" (within the meaning of Section 147 of the Code) to the Company; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: Section 1. The Corporation is committed and agrees as follows: (a) To adopt a bond resolution or bond resolutions, when requested by the Company, authorizing the issuance of Bonds pursuant to the Act, and to issue the Bonds, subject to the requirements of the Act, the execution of the appropriate agreements or contracts described in subparagraph (b) below, and the sale of the Bonds under terms and conditions satisfactory to the Corporation and the Company, to finance and pay for the acquisition, construction and equipment of the Facilities, including amounts sufficient to pay the fees, expenses, and costs in connection with such issuance, including an amount adequate to reimburse the Corporation for its administrative and overhead expenses and costs with respect to the Bonds and the Facilities, with the Bonds to be payable from payments by the Company to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agents' and trustee's fees on, the Bonds, as and when the same shall become due and payable. (b) Prior to the issuance of the Bonds, when requested by the Company, to enter into such lease, use agreement, management agreement and/or any other appropriate contracts or agreements between the Corporation and the Company as are mutually acceptable in all respects to the Corporation and the Company, under which the Company will be obligated to make payments to the Corporation and/or to a corporate trustee in such sums as are necessary to pay the principal of, interest on, and redemption premium, if any, together with the paying agent's and trustee's fees on, the Bonds, as and when the same shall become due and payable, and with such payments also to be sufficient to defray the Corporation's administrative, overhead, and other expenses and costs with respect to the Bonds and the Facilities. (c) To take, or cause to be taken, such other action, and to execute such additional contracts and agreements mutually agreeable to the parties in all respects, when requested by the Company, as may be required in accordance with the Act and this Resolution to cause the issuance of the Bonds. Section 2. G3J Creative LLC has executed and delivered to the Corporation an Inducement and Indemnity Agreement, the terms of which are incorporated by reference into this Resolution. By the acceptance of this Resolution and proceeding with the Facilities, the Company thereby agrees that it will fully indemnify and hold the City, the Corporation, and their respective officers, directors, employees, agents and attorneys, harmless from any and all damages, losses, and expenses, including attorneys' fees, arising at any time from or with respect to the Bonds and the Facilities, as more fully described in the Inducement and Indemnity Agreement. Section 3. The adoption of this Resolution shall be deemed to constitute the acceptance of the Company's proposal that it be further induced to proceed with providing for the acquisition, construction and equipment of the Facilities, and said proposal and acceptance shall constitute an agreement between the Corporation and the Company in accordance with the provisions of this Resolution. Section 4. Immediately after the adoption of this Resolution the acquisition, construction and equipment of the Facilities may commence and continue to completion in accordance with methods and procedures determined by the Company, or by the Company and the Corporation, pursuant to this Resolution and the agreement it constitutes. Section 4. The Secretary of the Board of Directors of the Corporation is hereby authorized and directed to transmit to proper representatives of the Company one or more certified copies of the Resolution and such parties are hereby authorized to rely upon this inducement for the purposes herein stated. PASSED AND APPROVED on the day of 2021 : Paulette M. Guajardo Michael T. Hunter John Martinez Mike Pusley Billy A. Lerma Ben Molina Roland Barrera Greg Smith Gil Hernandez ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION Rebecca Huerta, Secretary President EXHIBIT A Green Wood Manor Apartments would be 144-unit new construction garden style apartments. The apartments will be built on 10 acres of the parcel at Greenwood Drive at Gollihar Road with legal description Paisley Hoffman 26.6223 Acs out of Lt 12 Sec D. The development will contain 1 bedroom, 2 bedroom and 3 bedroom units in two and three story buildings. A large community building will contain the leasing office and management office plus a computer learning center, an after-school activities center and community space. The community building will also have an office for the on-site resident service provider. Onsite there will be playgrounds, a dog park and picnic table areas. The apartments will serve working families earning from 30% AMI to 60% of AMI. 15% of the total units or 22 units will be income and rent restricted to families at 30% of AMI. 85% of the total units or 122 units will be income and rent restricted to families at or less than 60% AMI. i ee CORPUS CHRISTI NEIGHBORHOOD SERVICES Green Wood Manor Apartments Project Overview and Map Corpus Christi Housing Finance Corporation October 19, 2021 Green Wood Manor Apartments \ / CORY OS cHRI5T5 Owner: G3J Creative LLC Principles: Frank Garcia, Jose Gonzalez II and Dustin Jones Proposed Development • 144 multifamily units • 122 units for families at or below 60% of the area median income • 22 units for families at or below 30% of the area median income • Mix of 1-, 2- and 3-bedroom units • $30.3M estimated costs • Potential funding sources: • Multifamily Revenue Bonds • 4% Low-income Housing Tax Credits • Multifamily Direct Loan • HOME Investment Partnerships Program • Deferred fees r!4, / West Oso So Elemenlar SchoDl cial ri_- y '! -d a r Y ;•w Veit"i Admini ration Selena Quintanilla i Aso y GeeLn Wood Manor r . R i, y. -Dollar Gen a[4*V i f ., i ti r a :. r' [�a rrt• `Maocy High Schools Moadv Park, # ;s y ' Fannin Elementary . � School - �, a � , v CORPUS CHRISTI HOUSING FINANCE CORPORATION (Organized in 1979 by Corpus Christi City Council) The CCHFC's board of directors is comprised of the nine members of the City Council. It meets on an as-needed basis in order to assist in meeting local housing needs. Past Bond Activities In the 1980's, the CCHFC issued over $100 million in single family mortgage revenue bonds which provided financing at affordable interest rates (market rates exceeded 10%) for over 2,000 first-time homebuyers. When conditions changed in the bond markets,the CCHFC ceased issuing bonds and refocused its efforts in originating mortgage credit certificates which assisted over 3,000 first-time homebuyers during the period from 1987 through 2009 when that program concluded. In the 1980's, the CCHFC also issued multi-family housing revenue bonds to finance the construction of five market-rate apartment projects. Due to changes in federal tax laws and the local market occupancy, that program was terminated. In 2005,the CCHFC issued$15 million in multi-family housing revenue bonds to finance the first phase of the Costa Tarragona Apartments located at N.P.I.D. and I-H 37. In 2011, the second phase was constructed without using revenue bonds, but both phases qualified for low-income housing tax credits. In that project, the CCHFC also owns the land which is leased for the development and was a co-developer and received development fees. Outline of a Bond Financing and Key Terms Under federal and state laws, the CCHFC can issue revenue bonds which are tax-exempt under federal tax laws when required conditions are satisfied. When the project is owned or managed by a private company, they are called"private activity bonds." Private Activity Bonds. Under federal law, only a limited amount of private activity bonds may be issued in each state each year that will be tax exempt. The Texas Bond Review Board (BRB) operates an allocation system that gives authority to issue bonds for different types of projects including housing,port facilities,hospital facilities, etc. When it receives more requests for a year than the State allocation in a particular category, it conducts a lottery in that category. State Allocation System. The BRB has a deadline of October 20 for issuers seeking an allocation for issuing bonds in the next year. If the CCHFC gets an allocation for a bond issue, it is permitted to issue multifamily housing revenue bonds that will be tax exempt. The State performs no other role in the system other than the BRB allocating the annual amount for private activity bonds in the State each year to different issuers. No Impact on City Bonds. A bond issued by the CCHFC is not an obligation of the City of Corpus Christi and in no way impacts the City's bond rating or its ability to issue bonds or certificates of obligations. City bonds and certificates of obligation are not private activity bonds so they are not subject to any of these rules. The CCHFC has no ability to levy taxes, and no taxing authority or credit of the City is involved in any of the CCHFC's financings. Bonds Are "Conduit Financing". Bonds issued by the CCHFC are considered a conduit financing in that the borrower obtains a lender,based solely on the credit underwriting of the borrower. Once the lender approves the loan to the borrower,the lender agrees to purchase bonds from the CCHFC in the amount of the loan and the CCHFC loans the funds to the borrower. The CCHFC's bonds are repayable solely from the loan payments received from the borrower. The loan typically also is secured by real estate and may have personal guaranties of the borrower's principals as required by the lender. Although technically the CCHFC makes the loan, the terms are determined by the lender, and the terms of the bonds issued are the same as the loan terms for the borrower. Lender/Bondholder 1 CCHBorrower/LTser 3 5 4 Trustee Steps in Transaction. Step 1. CCHFC issues bonds to lender to obtain funds for loan. Step 2. CCHFC loans funds to borrower on same terms as specified in bonds. Step 3. CCHFC assigns all rights to loan to Trustee for Lender/Bondholder. Step 4. Borrower makes required loan payments to Trustee. Step 5. Trustee pays funds received to Lender/Bondholder. Limited Obligation of CCHFC. The bonds are not general obligations of the CCHFC but are revenue bonds payable from the revenues generated by the loan to the borrower. The existing funds and assets of the CCHFC are not pledged to secure the bonds and are not at risk if the borrower defaults in payment of the loan. The CCHFC assigns its rights under the loan documents to a trustee for the bonds, so if the borrower defaults on the loan, the trustee would conduct whatever foreclosure would be necessary in order to liquidate the remaining assets securing the loan for the lender. Footnote on City CAFR. The financial reporting standards for the City, GASB requires that all conduit debt issued by issuers affiliated with the City be reported as a footnote on the City's comprehensive annual financial report. The bonds are not in any way a liability of the City, but since the CCHFC is affiliated with the City they are noted on the financial statements in that manner. https:Hcorpuschristi-my.sharepoint.com/personal/jenniferb9_cctexas_com/Documents/Workforce Housing/CCHFGCCHFC Bond Transaction Guide.docx 2