The URL can be used to link to this page

Home My WebLink AboutAgenda Packet City Council - 02/15/2022 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, February 15,2022 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 Rick Barrera, Believe Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Julia Gilliam, Flour Bluff Student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 22-0271 Commendation for Julia Gilliam 2021 Student Heroes Award Recipient for State Board of Education District 2. Commendation for Flour Bluff High School Football Team State Semifinalist. Proclamation Declaring City-Wide Bluesday Tuesday Honoring Texas A&M University-Corpus Christi Homecoming. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 2/14/2022 City Council Meeting Agenda-Final-revised February 15,2022 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. STORM WATER FEE IMPLEMENTATION PROGRESS REPORT b. STREETS INFRASTRUCTURE MANAGEMENT PROGRAM QUARTERLY UPDATE C. "REVIVE THE DRIVE" OCEAN DRIVE REHABILITATION PROJECT UPDATE d CITY AUDITORS OFFICE - STAFF PAY RANGES UPDATE H. BOARD &COMMITTEE APPOINTMENTS: NONE I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 19) 2. 22-0277 Approval of the February 8, 2022 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 3. 22-0165 Ordinance authorizing acceptance of a grant in an amount of$233,030.00 from State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a new laboratory information management system for the Forensic Services Division; and appropriating $233,030.00 in the Police Grants Fund. sponsors: Police Department 4. 22-0169 Ordinance authorizing an Interlocal Agreement with Nueces County for one year for the City to receive from Nueces County grant funding in the amount of$75,672.50 for reimbursement of overtime and undercover surveillance City of Corpus Christi Page 2 Printed on 2/14/2022 City Council Meeting Agenda-Final-revised February 15,2022 equipment for the Red Cord Initiative Program (Prostitution Crimes Reduction Program); and appropriating $75,672.50 into the Police Grants Fund. sponsors: Police Department 5. 22-0148 Ordinance authorizing the acceptance of$7,500.00 from Enbridge Fueling Futures for rescue equipment to include rope, cord, harness, and other rescue materials for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $7,500.00 into the Fire Grants Fund. sponsors: Fire Department 6. 22-0163 Zoning Case No. 1221-01, Gulfway Shopping Center: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval). sponsors: Development Services 7. 21-1647 Zoning Case No. 1021-06, Walker Holdings and Development, LLC.: (District 1) Ordinance rezoning property at or near 3202 Interstate 69 from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services Consent-Public Safety First Reading Ordinances 8. 22-0199 Ordinance appropriating $10,000 from the Auto Theft Prevention Grant program income into the Auto Theft Prevention Grant for the purchase of a replacement 2021 Ford F-150 crew cab vehicle. sponsors: Police Department 9. 22-0151 Ordinance appropriating $49,000 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee Reserve Fund for community education programs and projects regarding hazardous chemical safety; and amending the FY 2022 Operating Budget by increasing expenditures in the Local Emergency Planning Committee fund by $49,000. sponsors: Fire Department Consent- Contracts and Procurement 10. 22-0269 Motion authorizing the purchase of one additional 2022 Bergkamp FP5 Patcher pothole truck from Doggett Freightliner of South Texas, LLC., of Houston for$227,213.00, through the Texas Interlocal Purchasing System Cooperative, to be used for in-house pothole patching projects citywide by the Public Works Department, with FY 2022 funding available in the Vehicle & Equipment Replacement Fund. sponsors: Public Works/Street Department and Finance &Procurement City of Corpus Christi Page 3 Printed on 2/14/2022 City Council Meeting Agenda-Final-revised February 15,2022 11. 22-0117 Motion authorizing the purchase of nine replacement roll off containers from Wastequip Manufacturing Company, LLC., of Beeville, Texas through Sourcewell for$99,096.00 to be used by Solid Waste Services, with FY 2022 funding available through the General Fund. sponsors: Solid Waste Operations and Finance &Procurement 12. 22-0201 Resolution authorizing the execution of a service agreement for the purchase of servers, five years of support and parts warranty, and one year of licenses with Area Electronics Systems, Inc., dba DataON of Anaheim, California, in an amount not to exceed $462,705.85 for Communications, Utilities, and Public Safety with funding through the Information Technology, PEG Cable, Wastewater, and Crime Control District Funds. sponsors: Information Technology Services and Finance &Procurement General Consent Items 13. 22-0205 Resolution authorizing submission of grant application for $20,000 to the State of Texas, Criminal Justice Division for funding available under the Rifle-Resistant Body Armor Grant Program for the purchase of 40 additional pieces of rifle resistant body armor for Corpus Christi Police Department officers. sponsors: Police Department 14. 22-0206 Resolution authorizing submission of a grant application for$80,000.00 to the State of Texas under the FY 2023 Criminal Justice Grant Program for the purchase of 11 additional in-car video systems for the Corpus Christi Police Department. sponsors: Police Department 15. 21-1462 Resolution authorizing an amendment to the Interlocal Cooperation Agreement with Texas A& M University-Corpus Christi (TAMUCC) to budget from $150,499 in FY 2021 to $200,197 in FY 2022 and $175,697 in FY 2023 for air quality monitoring service and extending the period of performance to December 31, 2023, with funding available in the No. 1071 Community Enrichment Grant Fund. sponsors: Public Works/Street Department 16. 22-0160 Motion authorizing an amendment to the interlocal agreement with Nueces County for improvements to West Haven Park to reflect the greater financial contribution from Nueces County as a result of the actual bid prices. sponsors: Parks and Recreation Department 17. 22-0268 Motion authorizing the Second Amended and Restated Management Services Agreement between the Corpus Christi Area Convention and Visitors' Bureau ("VCC") and the City of Corpus Christi and approving VCC's amended bylaws. City of Corpus Christi Page 4 Printed on 2/14/2022 City Council Meeting Agenda-Final-revised February 15,2022 Sponsors: Finance &Procurement 18. 22-0278 Resolution in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Weber Lofts to be developed by Creative Urban Multifamily LLC. Sponsors: Neighborhood Services 19. 22-0279 Resolution in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Commons at Oso Bay to be developed by Commons at Oso Bay, LLC. Sponsors: Neighborhood Services K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEM 20) 20. 21-1078 Ordinance adopting a new City of Corpus Christi Historic Preservation Plan, an element of the Plan CC Comprehensive Plan; and rescinding the former Corpus Christi Preservation Plan, adopted September 8, 1976. Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (NONE) N. FIRST READING ORDINANCES: (ITEMS 21 -26) 21. 22-0155 Ordinance declaring City property at 1401 Morgan Avenue as surplus property, authorizing the exchange of the surplus property for property located at 1525 Morgan Avenue and 1411 12th Street, and authorizing execution of a contract, deed, and any related documents necessary to complete the exchange and conveyance of the properties between the City of Corpus Christi and the Ed Rachal Foundation pursuant to a competitive bid. Sponsors: Engineering Services 22. 21-0909 Ordinance awarding a construction contract to South Texas Building Partners, Inc, Corpus Christi, Texas, for the construction of a new storage facility for beach maintenance equipment at North Padre Island in the amount of$1,699,558, appropriating $260,242.41 in the State Hotel Occupancy Tax (SHOT) Fund, and amending the FY 2022 operating and capital budgets; located in Council District 4, with FY2022 funding available from Parks and Recreation Bond 2014, Parks and Recreation Bond 2018, and SHOT Funds. Sponsors: Engineering Services, Parks and Recreation Department and Finance & Procurement 23. 22-0272 Ordinance authorizing a License Agreement with T-Mobile West LLC for use of City property at Fire Station 16 on Mustang Island to operate a temporary antenna facility during Spring Break 2022 beginning March 1, City of Corpus Christi Page 5 Printed on 2/14/2022 City Council Meeting Agenda-Final-revised February 15,2022 2022 to April 4, 2022 for a one-time fee of$2,500, located in Council District 4, with FY 2022 revenues to be deposited to the General Fund. sponsors: Engineering Services 24. 21-1432 Ordinance to authorize the execution of Amendment No. 1 to the Service Agreement for the Management of the Corpus Christi Museum of Science and History with Friends of the Museum of Science and History to increase City's payment from $150,000 annually to $500,000 annually for Fiscal Years 2022 and 2023 and providing for funds to be paid from Hotel Occupancy Tax Fund. sponsors: Parks and Recreation Department 25. 22-0270 Ordinance approving the addition of one full-time position to the budget of the Procurement Division of the Finance and Procurement Department for a Contract Manager as recommended by the City Audit Committee; amending the FY 2022 Operating Budget to increase the number of positions by one, with funding coming from the existing FY 2022 Procurement Operational Budget. sponsors: Finance &Procurement and Office of Management and Budget 26. 22-0218 Ordinance approving a lease estoppel and amendment to the ground lease with MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi International Airport to include language required for a merger and loan transaction by the Tenant; authorizing the City Manager to execute all documents necessary and related to the amendment and refinancing transaction; and providing for an effective date. sponsors: Aviation Department O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (ITEM 27) 27. 22-0167 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 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, other legal issues related to the provision of health services in the local area, and any potential actions that may be performed pursuant to the aforesaid statutes, agreement(s), and regulations. City of Corpus Christi Page 6 Printed on 2/14/2022 City Council Meeting Agenda-Final-revised February 15,2022 Q. ADJOURNMENT City of Corpus Christi Paye 7 Printed on 2/14/2022 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, February 8,2022 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 11:41 a.m. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel, Mount Pilgrim Baptist Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Pat Eldridge, Police Management Services Director. Pat Eldridge, Police Management Services Director, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca 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 Huerta. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. Proclamations /Commendations 1. 22-0280 Proclamation declaring February "Black History Month" Proclamation declaring February "Teen Dating Violence Awareness and Prevention Month" Corpus Christi International Airport Fly Local Pledge Announcement The Proclamations and Announcement were held. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. City of Corpus Christi Page 1 Printed on 211112022 City Council Meeting Minutes February 8, 2022 The following citizens spoke in opposition to Item #17: Danielle McCandless, 333 Louise Dr.; Mike Schuchs, 3234 Topeka St.; Oneyna Barron, 3267 Topeka St.; John Barron, 3267 Topeka St.; Caroline White, 325 Camellia Dr.; Bonnie Butter, 3133 Austin St.; Tara Buffington, 3145 Austin St.; and Glenn Tiller, 3202 Topeka St. The following citizens spoke regarding the redistricting process: Kathryn Oler, 1400 Ocean Dr.; Margaret Duran, 4022 Congressional Dr.; Julie Rogers, 710 Furman Ave.; Sally Clark Farris, San Antonio, TX; and Sylvia Campos, 4410 Fir St. The following citizens spoke regarding their concern with the climate change/crisis: Armon Alex, 1610 La Joya St.; and Maggie Peacock, 6515 Ocean Dr. Jay Gardner, 3922 Sweet Bay Dr., spoke regarding the ISAC report and the Bond 2022 list. Tony Jimenez, 7002 Ridge Stone Dr., spoke regarding his concern about the 5G cell tower in residential neighborhoods. Samuel Aundra Fryer, 2222 Cardinales Lane, spoke regarding the importance of educating the public about COVID preventatives. Garrett Dorsey, 2037 Sunnycrest St., spoke regarding affordable housing with infill lot programs. Robert Heil, 5262 S. Staples St. and Foster Crowell, 2717 Wind Rock Dr., spoke regarding cost of living adjustments for retired City employees. Shirin Delsooz, spoke regarding the need for protected bike paths. Chloe Torres, 5430 Saratoga Blvd., spoke in opposition to Item #10. The following citizens submitted written public comments which are attached to the minutes: Julie Rogers, 710 Furman Ave.; Sally Clark Farris, San Antonio, TX; Paula Breighton, 15226 Caravel Dr.; Kevin Landrum; and Linda Snider, 6213 Angelique Court. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. City Manager Peter Zanoni recognized Police Management Services Director Pat Eldridge for dedicating 44 years of service to the City's police department. a. FISCAL YEAR 2022 FIRST QUARTER FINANCE AND BUDGET REPORT City Manager Peter Zanoni reported on the FY 2022 1 st Quarter Budget and financial report: presentation overview; general fund revenues; general fund expenses; general City of Corpus Christi Page 2 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 fund initiatives; HOT tax revenue; water fund revenues and expenses; wastewater fund revenues and expenses; Bond 2020 program; Capital Improvement Program; 1st quarter summary; and next steps. Council Members and City Manager Zanoni discussed the following topics: a Council Member's concern that District 5 residential streets were not included in the presentation; and the mass selection process allows staff to hire smaller engineering firms to work on projects that are ideal for them. b. 2022 WARRANT ROUND-UP City Manager Zanoni reported on the Municipal Court 2022 warrant round-up. A two week amnesty period is available from February 14th to February 25th to address outstanding warrants. H. BOARD &COMMITTEE APPOINTMENTS: 2. 22-0208 Committee for Persons with Disabilities (5 vacancies) Crime Control & Prevention District (1 vacancy) Parks and Recreation Advisory Committee (1 vacancy) Reinvestment Zone No. 3 (Downtown) Board (4 vacancies) Senior Corps Advisory Committee (3 vacancies) Mayor Guajardo referred to Item 2. Committee for Persons with Disabilities: Christina Butler (Reappointed) Ruby Hernandez (Reappointed) Imelda Trevino (Appointed) Jennifer Aleman (Appointed) Olivia Allen (Appointed) Crime Control and Prevention District: Andrew S. Leeton (Appointed as Council Member Hernandez's Representative) Parks and Recreation Advisory Committee: Linda Lindsey (Appointed) Reinvestment Zone No. 3 (Downtown) Board: Mike Pusley (Reappointed) Michael T. Hunter (Reappointed) Ben Molina (Reappointed) Chairman Billy Lerma (Reappointed) Senior Corps Advisory Committee: Joann Arevalo (Reappointed) City of Corpus Christi Page 3 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 Betsy Miller (Reappointed) Allison Vela (Reappointed) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 16) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 4, 14 and 16 be pulled for individual consideration. A motion was made by Council Member Pusley, seconded by Council Member Smith to approve the Consent Agenda with the exception of Items 4, 14 and 16. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 3. 22-0202 Approval of the January 25, 2022 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 4. 22-0166 Ordinance appropriating $3,000,000.00 from the General Fund unreserved fund balance for Fire Department equipment funded by the FY 2021 Texas Ambulance Supplemental Payment Program revenue and amending the FY 2022 Operating Budget by increasing expenditures in the Fire Department General Fund by $3,000,000.00. Mayor Guajardo referred to Item 4. A Council Member and Fire Chief Robert Rocha stated that this is a good news item that will allow for the purchase of better equipment for the Fire Department. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032656 City of Corpus Christi Page 4 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 5. 22-0049 Ordinance adopting a local preference policy for the City of Corpus Christi by replacing Council Policy No. 26 and enacting a new Council Policy No. 26 to provide local preference applicable to the procurement of professional services; with local preference for non-professional services, goods /supplies to be addressed in Fiscal Year 2023. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032657 6. 22-0026 Ordinance authorizing license agreements to allow the parking of dockless vehicles in the City's right-of-way with a term ending January 1, 2023 and two automatic one-year renewals upon payment of fees, which license agreements will replace the license agreements approved by Ordinance No. 031652. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032658 7. 22-0095 Ordinance Amending Section 13-21 of the Corpus Christi Code of Ordinances to change the membership of the Corpus Christi Building Standards Board from seven members to five members with two alternates. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032659 Consent-Public Safety First Reading Ordinances 8. 22-0165 Ordinance authorizing acceptance of a grant in an amount of$233,030.00 from State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a new laboratory information management system for the Forensic Services Division; and appropriating $233,030.00 in the Police Grants Fund. This Ordinance was passed on first reading on the consent agenda. 9. 22-0169 Ordinance authorizing an Interlocal Agreement with Nueces County for one year for the City to receive from Nueces County grant funding in the amount of $75,672.50 for reimbursement of overtime and undercover surveillance equipment for the Red Cord Initiative Program (Prostitution Crimes Reduction Program); and appropriating $75,672.50 into the Police Grants Fund. This Ordinance was passed on first reading on the consent agenda. 10. 22-0148 Ordinance authorizing the acceptance of$7,500.00 from Enbridge Fueling Futures for rescue equipment to include rope, cord, harness, and other rescue materials for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $7,500.00 into the Fire Grants Fund. This Ordinance was passed on first reading on the consent agenda. City of Corpus Christi Page 5 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 Consent- Contracts and Procurement 11. 22-0105 Motion authorizing a one-year agreement with two one-year extensions with U.S. Bank National Association of Minneapolis, Minnesota in an annual amount of $1,155,000.00 for fuel cards for the purpose of purchasing fuel for City vehicles to be utilized by Police, Fire and City staff, effective upon issuance of notice to proceed, with FY 2022 funds available in the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2022-018 12. 22-0149 Motion authorizing a one-year service agreement with two one-year options with T-Mobile USA, Inc., of Cincinnati, Ohio, for an estimated amount of$515,837.36, with an estimated potential amount not to exceed $1,547,512.08 if the options are exercised, for cellular services for various City departments, with FY 2022 funding in an amount of$343,891.60 available through various City funds. This Motion was passed on the consent agenda. Enactment No: M2022-019 13. 22-0152 Motion authorizing Amendment No. 2 to Supply Agreement No. 1903 with Chemtrade Chemicals US, LLC. with local plant in Odem, TX, for the continued purchase of liquid aluminum sulfate solution for the Utilities Department and to amend the unit price for liquid aluminum from $103.00 per ton to $124.00 per ton and increase the total contract amount by $365,400.00 due to this higher cost per ton, with funding available in the amount of$213,150.00 in the FY 2022 Water Fund. This Motion was passed on the consent agenda. Enactment No: M2022-020 Consent- Capital Projects 14. 21-1532 Motion authorizing Amendment No. 1 to a professional services contract with Hanson Professional Services Inc. to provide additional design, bid, and construction phase services for the Residential Street Rebuild Program in an amount of$1,863,250 for a total amount not to exceed $5,252,503, located Citywide, with FY 2022 funding available from the Street, Storm Water, Water, Wastewater, and Gas Funds. Mayor Guajardo referred to Item 14. A Council Member, Director of Engineering Jeff Edmonds and Director of Public Works Rolando Mata discussed the following topics: staff wants to have construction contracts ready for bid on the first day of the fiscal year; FY 2022 residential street reconstruction projects have not yet started; and a Council Member's request for the residential street City of Corpus Christi Page 6 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 reconstruction start and completion dates. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: M2022-021 General Consent Items 15. 22-0111 Resolution authorizing the submission of a grant application for $119,587.06 to the State of Texas under the Victims of Crime Act for salary and benefits for two full-time employees, office equipment and mileage reimbursement, with $13,760.00 in-kind services. This Resolution was passed on the consent agenda. Enactment No: 032660 16. 22-0204 Resolution adopting criteria for use in the 2022 redistricting process; and adopting guidelines for other entities submitting redistricting plans. Mayor Guajardo referred to Item 16. City Secretary Rebecca Huerta presented information on the following topics: proposed schedule; other ways to engage; and timeline. Council Members, City Secretary Huerta, City Manager Zanoni and City Attorney Risley discussed the following topics: a Council Member's concern that the consultant will decide how the map is drawn before Council reviews it; the League of Women Voters recommendations were considered which include district meetings, virtual and written input and more hearings in the evenings; interactive maps are being prepared by IT and the GIS team that will allow for different scenarios; it is important that the public is aware of what Council Members are requesting/suggesting; a Council Member's request to schedule a second council workshop to finalize all discussion; and a second workshop may be scheduled between March 8th and March 22nd. Mayor Guajardo opened public comment. Tim Dowling, 8107 Villefranche Dr., spoke regarding the redistricting process. Mayor Guajardo closed public comment. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Lerma. This Resolution was passed and approved with the following City of Corpus Christi Page 7 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032661 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:54 p.m. Executive Session Item 22 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:44 p.m. L. PUBLIC HEARINGS: (ITEMS 17 - 18) 17. 22-0161 Zoning Case No. 1021-04, Doc Five: (District 2) Ordinance rezoning property at or near 3302 South Alameda Street from the "ON" Neighborhood Office District to the "ON/SP" Neighborhood Office District with a Special Permit. (Planning Commission recommends Denial and Staff recommends Approval) (3/4 vote required to approve less restrictive use or density than the recommendation of the Planning Commission). Mayor Guajardo referred to Item 17. Director of Development Services Al Raymond presented information on the following topics: zoning pattern and adjacent development; public notification; analysis and recommendation; and special permit conditions. Council Members and Director Raymond discussed the following topics: staff recommends approval of this zoning because it aligns with the area development plan and is a commercial development; and Council Members' concern about the location of the car wash due to the nearby school and hospital. Mayor Guajardo opened the public hearing. The following citizens spoke in opposition to Item #17: Susan McConnell, 332 Louise Dr., Alison Schuchs, 3234 Topeka St.; and Theresa Mader, 333 Katherine Dr. Applicant for Quick Quack Car Wash Joseph Earnest stated that the main sources of noise at a car wash are the air blower at the tunnel exit and the vacuum stalls. Quick Quack uses one central engine for a row of vacuum stalls that is enclosed in rubber which decreases the noise. Mayor Guajardo closed the public hearing. City of Corpus Christi Page 8 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 Council Member Molina made a motion to deny the ordinance, seconded by Council Member Smith. This Ordinance failed with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 18. 22-0163 Zoning Case No. 1221-01, Gulfway Shopping Center: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial 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: zoning pattern and adjacent development; public notification; analysis and recommendation; and planning commission and staff recommend approval. A Council Member and Director Raymond discussed the following topics: this property is surrounded on three sides by residential so there will be buffer zones. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hunter 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 M. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 19) 19. 22-0146 Resolution adopting an Air Service Incentive Plan effective through fiscal year 2025 for qualified airlines to serve the Corpus Christi International Airport; and authorizing the City Manager to execute all documents necessary to offer and secure such incentives as are deemed desirable. Mayor Guajardo referred to Item 19. Director of Aviation Kevin Smith stated that the incentive plan will help stimulate introduction of new passenger air service to the Corpus Christi International Airport. City of Corpus Christi Page 9 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 There were no comments from the Council or the public. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032662 N. FIRST READING ORDINANCES: (ITEM 20) 20. 21-1647 Zoning Case No. 1021-06, Walker Holdings and Development, LLC.: (District 1) Ordinance rezoning property at or near 3202 Interstate 69 from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 20. Council Members and Director of Development Services Al Raymond discussed the following topics: Council Members' concern about the 4.5 foot setbacks and the desire to move sidewalks closer to the curb to allow for more right-of-way. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Lerma 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 O. BRIEFINGS: (NONE) P. EXECUTIVE SESSION: (ITEMS 21 -23) Mayor Guajardo referred to Executive Session Item 21. The Council went into Executive Session at 5:05 p.m. The Council returned from Executive Session at 6:28 p.m. City of Corpus Christi Page 10 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 21. 22-0167 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 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, other legal issues related to the provision of health services in the local area, and any potential actions that may be performed pursuant to the aforesaid statutes, agreement(s), and regulations. This E-Session Item was passed after executive session. The following resolution was considered: Resolution authorizing execution of an Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District and authorizing extension of the City's withdrawal date to March 1, 2022 to allow for execution of said amended agreement. Council Member Martinez made a motion to approve modifications to the agreement made by City Attorney Miles Risley, seconded by Council Member Molina and passed unanimously. Council Member Martinez made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032663 22. 22-0216 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 purchase, exchange, lease, and/or value of property at, near or adjacent to Fire Station 3, 1401 Morgan Avenue, 1525 Morgan Avenue, and/or 1411 12th Street, and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of said real property. This E-Session Item was discussed in executive session. City of Corpus Christi Page 11 Printed on 2/1112022 City Council Meeting Minutes February 8, 2022 23. 22-0168 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 City Council's redistricting obligations and potential litigation related thereto. This E-Session Item was withdrawn. Q. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:38 p.m. City of Corpus Christi Page 12 Printed on 2/1112022 Written Public Comments for Council Meeting 2-8-2022 1 rillblic Comment & Input Form Date of Meeting 2/8/2022 Name Julie Rogers Street Address: 710 Furman Ave Address City: Corpus Christi State/ Province:TX Postal/Zip Code: 78404 Topic Redistricting Agenda Item Number Consent Agenda Item #16 Honorable Council Members, please pull item#16 Redistricting from the Describe Feedback: consent agenda and have a meaningful discussion on drawing district maps that will be in effect for ten years.Thank you,Julie Rogers Provide an email to receive a rogersiuliet@gmail.com copy of your submission. 2 !' Public Comment & Input Form Date of Meeting 2/8/2022 Name Sally Clark Farris Street Address: 13043 Hunters Breeze Street Address City:San Antonio State/ Province:Texas Postal/Zip Code:78230 Topic Council Redistricting Agenda Item Number 16 1 was born in Corpus Christi in 1942 and had served 9 years as an assistant city attorney when Mary Rhodes was mayor. Redistricting is complex. Guarding Constitutional and Voter Rights can be a daunting obligation. Councilmembers hold a sacred duty.As volunteer, public servants with integrity,the last thing you want is to create a perception that you favor protection of your own incumbency,that you do not put public interest first. Describe Feedback: Generally speaking, protection of incumbency is the#1 recognized evil among redistricting options. It is accomplished by manipulation of district boundaries. It may be legal, but it is wrong. Unfortunately,the resolution before you today includes a negative guideline to have you protect incumbents, making it OK. PLEASE DELETE THAT ELEMENT. STRIKE INCUMBENCY PROTECTION FROM THE CRITERIA. Do not open the door to undeserved criticism. You do not want to manipulate boundaries in your favor, but you must make that clear in the criteria Exhibit. Provide an email to receive a s.farris@att.net copy of your submission. 3 !/ Public Comment & Input Form Date of Meeting 2/8/2022 Name Paula Breighton Street Address: 15226 Caravel Drive Address City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Redistricting Agenda Item Number General Public Comment Mayor Guajardo, Council Members: Politicians bemoan the lack of voter engagement. When districts and incumbents appear'safe' many feel that voting doesn't matter so they fail to register to vote, or fail to vote if registered.This leads to a lack of civic engagement. To have a thriving and vibrant city, an engaged populous is a must. Every 10 years we, as a community, have an opportunity to draw new district lines. Please consider Describe Feedback: the recommendations made by Mr.Timothy Dowling in the documents he provided in July 2021 and those provided by League of Women Voters Corpus Christi Area President, Kathryn Oler last week. An Independent Redistricting Commission would be a great way to start addressing the bias in the current system.Thank you for continuing virtual public comment and for agreeing to meet with constituents in the current districts. Please publicize the redistricting process as much as possible. Respectfully submitted, Paula Breighton Provide an email to receive a copy of your submission. paulabr@mac.com Sarah Brunkenhoefer From: Norma Duran Sent: Tuesday, February 8, 2022 9:33 AM To: Sarah Brunkenhoefer Cc: Rebecca Huerta; Ruth Bocchino Subject: FW: 02.06.22 City Council Meeting Agenda item #17 Special Rezoning Permit vote Importance: High Written public comment below. From:Alice Acuna <AliceA@cctexas.com> Sent:Tuesday, February 8, 2022 9:24 AM To: Norma Duran<NormaD2@cctexas.com> Subject: FW:02.06.22 City Council Meeting Agenda item #17 Special Rezoning Permit vote Importance: High Hi Norma, Do you need to make note of this? Alice Acuna From: Kevin Landrum <Kevin.Landrum @Witties.com> Sent:Tuesday, February 8, 2022 7:07 AM To: Michael Hunter<Michael.Hunter@cctexas.com>;John Martinez<john.martinez@cctexas.com>; Mike Pusley <mike.pusley@cctexas.com>; Billy Lerma <billy.lerma@cctexas.com>; Ben Molina <Ben.Molina @cctexas.com>; Roland Barrera [council] <Roland.Barrera@cctexas.com>; Greg Smith <Greg.Smith@cctexas.com>; Gil Hernandez [Council] <Gil.Hernandez@cctexas.com>; Paulette Guajardo <Paulette.Gua]ardo@cctexas.com> Cc: Briana Sandoval <BrianaS2@cctexas.com>; Alice Acuna <AliceA@cctexas.com>; Arlene Medrano <a rlenem @cctexas.com> Subject:02.06.22 City Council Meeting Agenda item #17 Special Rezoning Permit vote Importance: High [ [ 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. ] ] Warning: This email or its attached document contains a URL that has an unknown reputation status. While this does not guarantee the URL is malicious, the validity of the URL cannot be verified. Please exercise caution when clicking on any links inside of an email or an email attachment. If you have any questions or concerns, please contact the Service Desk at 826-3766. Thank you. Ladies and Gentlemen, Item #17 -Special Rezoning Vote 1 I respectfully request that you vote NO on this Special Rezoning Vote today. Please consider the efforts the neighborhood taxpayers. Respectfully, t WITFIGS HAWORTH 2421 Bost tnClan Ooalor /Nli V{ri�Rf Kevin Landrum, New Business Development m: 361-461-1477 0: 361-882-3456 kevin.land rumna.wittigs.corn Meet our team in 37 seconds! LET'S CONNECT I0Qa 2 Sarah Brunkenhoefer From: Jotform <noreply@jotform.com> Sent: Monday, February 7, 2022 6:45 PM To: CitySecretary; Norma Duran Subject: Public Input: 02-08-2022 - Linda Snider Follow Up Flag: Follow up Flag Status: Completed [ [ 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. ] ] Warninglies to this message wilLgQ to returns@jotform.corn. If you are unsure this Is correct please contact the Helpdesk at 826 3766 Public Comment & Input Form Date of Meeting 02-08-2022 Name Linda Snider Address Street Address: 6213 Angelique Ct City: Corpus Christi State/ Province:Texas Postal/Zip Code: 78415 Topic City Redistricting Website Agenda Item Number 22-0204 Describe Feedback: My name is Linda Snider. I own a home at 6213 Angelique Court,CC 78415 placing me in District3.1 am representing myself as a citizen. I am an active member of the LWV-CC and the 118 precinct chair. I hope within a few business days after you approve the Bickerstaff or the alternate League Redistricting Resolution,that you create a specific Redistricting Website.The site should include the following: provide information on public meetings at every district. Provide all proposed plans. Provide redistricting tools. A user-friendly method of submitting public comments by video conferencing or in written form.All City social media sites and a press release should direct the public to the Redistricting Website.The purpose for all of this is to have a transparent process that encourages 1 public input and allows communities of interest to stay intact. I would also like to see an Independent Redistricting Commission created. It is the fairest way to draw a map and avoid bias.Thank you Provide an email to receive a copy of your l.sniderok@gmail.com submission. 2 so �o o� A PH v AGENDA MEMORANDUM µoRPORP�g4 Action Item for the City Council Meeting of February 8, 2022 1852 DATE: February 8, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and appropriation of the Paul Coverdell Forensic Sciences Improvement Grant for the Police Department CAPTION: Ordinance authorizing acceptance of a grant in an amount of $233,030.00 from State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a new laboratory information management system for the Forensic Services Division; and appropriating $233,030.00 in the Police Grants Fund. SUMMARY: Federal funding has been awarded through the Office of the Governor, Public Safety Office, Criminal Justice Division from the U.S. Department of Justice, National Institute of Justice Paul Coverdell Forensic Sciences Improvement Grant Program. There is no match requirement for this program. BACKGROUND AND FINDINGS: The Coverdell grant will support the purchase of a new laboratory information management system (LIMS), along with a dedicated quality management system, for the Forensic Services Division (FSD). More specifically, this grant will pay for three years of licensing, after which the Corpus Christi Police Department (CCPD) will place the cost of the licensing in its annual budget. CCPD will purchase the software for this program before the end of FY 2022. The system is the same system that the Department of Public Safety uses. Currently, the FSD does not have a computerized means of generating and maintaining data and case documentation. This presents challenges regarding physical storage space, information retrieval, metrics, and workflow efficiency. In addition, as an accredited forensic laboratory, quality control is a key requirement in order to stay in compliance. CCPD's current process without the computerized means of documentation consists of documenting lab reports on paper and maintaining physical case jackets with notes, photos, and other required documentation. Report narratives for CCPD are entered into the I-LEADS software program, but for other agencies are filed on paper only. The same process applies for all CCPD division policies and procedures, training records, proficiency tests, and other documentation. This results in a very paper- intensive, disjointed, and inefficient system that CCPD will be able to negate with this grant. The Forensic Services Division conducts analysis on forensic evidence in the firearms and friction ridge (latent print) disciplines, as well as processing and documenting crime scenes. The laboratory operates and maintains state and national comparison databases, including the State of Texas Automated Fingerprint Identification System (AFIS), FBI Next Generation Identification fingerprint database, and the ATF National Integrated Ballistics Identification Network (NIBIN). Most requests for service are generated within the Corpus Christi Police Department, but as one of only two accredited forensic labs in the Coastal Bend region (as well as the only NIBIN- equipped facility in South Texas), a significant number of service requests come from surrounding agencies as well. The FSD is fully accredited to ISO 17025:2017/AR 3125 standards in each of its disciplines and complies with applicable rules and regulations of the Texas Forensic Science Commission. The implementation of a LIMS with integrated quality assurance system will accomplish the following objectives: 1. Improve the quality and timeliness of forensic services 2. Improve efficiency, reduce turnaround time, and assist with reducing existing backlogs. 3. Permit detailed analysis of statistics, performance metrics, and associated data such as uncertainty of measurement and contextual bias 4. Improve documentation and tracking of required training records, operational procedures, competency/proficiency testing, and policy changes 5. Permit faster and more efficient response to requests for information from stakeholders and other external entities (i.e., Open Records Act requests, Texas Forensic Science Commission, and judicial partners) 6. Improve efficiency and accuracy in performing required audits and quality reviews 7. Reduce physical space requirements for storage and archiving The project period is from October 1, 2022 through September 30, 2023. This is the first year that the City has applied to and received this grant. ALTERNATIVES: The alternative is not to accept the grant and continue with current manual operations. FINANCIAL IMPACT: There is no financial impact at this time. There is no match requirement for this program. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund — 822903F Mission Element: 152 Project # (CIP Only): N/A Account: 520090— Minor Tools & Equipment RECOMMENDATION: Staff recommends accepting the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Award letter Ordinance authorizing acceptance of a grant in an amount of $233,030.00 from State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a new laboratory information management system for the Forensic Services Division; and appropriating $233,030.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Program in the amount of $233,030.00. SECTION 2. That $233,030.00 is appropriated from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Program in the No. 1061 Police Grants Fund. SECTION 3. There is no City cash match or in-kind services for acceptance of the grant SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Statement of Grant Award(SOCA) 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 shaII 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: 4225701 Award Amount: $233,030.00 Date Awarded: 1/13/2022 Grantee Cash Match: $0.00 Grant Period: 10/01/2021 -09/30/2022 Grantee In Kind Match: $0.00 Liquidation Date: 12/29/2022 Total Project Cost: $233,030.00 Program Fund: CD-Coverdell Nat'l Forensic Sciences Improve Act Grantee Name: Corpus Christi, City of Project Title: Forensic Sciences Improvement Grant Program Grant Manager: Madeline De Amaral DUNS Number: 069457786 CFDA: 16.742 -Coverdell Nat'l Forensic Sciences Improve Act Federal Awarding U.S.Department of Justice, Office of Justice Programs,National Institute of Justice Agency: Federal Award Date: 12/17/2021 Federal/State Award ID 15PBJA21GG02933COVE Number: Total Federal Award/State Funds $1,737,358.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award The purpose of the program is to make improvements to the quality and timely processing of Description: forensic evidence resulting in an overall reduction in the backlog of non-DNA evidence. SC o a p AGENDA MEMORANDUM Future item for the City Council meeting of February 8, 2022 Action Item for the City Council meeting of February 15, 2022 I852� DATE: February 8, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)cctexas.com (361) 886-2604 Interlocal agreement with Nueces County for Grant Funding CAPTION: Ordinance authorizing an Interlocal Agreement with Nueces County for one year for the City to receive from Nueces County grant funding in the amount of $75,672.50 for reimbursement of overtime and undercover surveillance equipment for the Red Cord Initiative Program (Prostitution Crimes Reduction Program); and appropriating $75,672.50 into the Police Grants Fund. SUMMARY: Nueces County has received a grant award from the State of Texas, Criminal Justice Division, in partnership with the Coastal Bend Wellness Foundation, to continue the Red Cord Initiative program. BACKGROUND AND FINDINGS: Since 2012, Nueces County and the City of Corpus Christi have partnered with the Coast Bend Wellness Foundation on the Red Cord Initiative, which is a community-based, pre-arrest and pre- trial prostitution diversion program dedicated to providing practical, emotional, and social support for individuals who have experienced commercial exploitation. The Initiative works through mobilization and engagement of community partnerships. The program includes case management, law enforcement, prosecution, and behavioral health services including substance abuse treatment in Nueces County for eligible individuals. The Red Cord Initiative believes in a community-based, comprehensive, and holistic approach with the goals of reducing the harm an individual has caused to themselves, as well as the harm that the individual is causing the surrounding community. The Red Cord Initiative focus is to improve public safety and public order in the Corpus Christi and Nueces County neighborhoods and reduce justice system involvement of people who successfully complete the program. This is the first time that there has been a grant funding agreement between Nueces County and the City for the Red Cord Program. The money provided to the City by Nueces County is through a state grant that the county was awarded for one year. The Police Department will conduct targeted law enforcement operations utilizing police officers on an overtime basis for $68,463.86 and purchase undercover/surveillance cameras for$7,208.64 with funding provided by the grant. Last year, the City received grant funds from the Coastal Bend Wellness Foundation in an amount of$22,734.08 to fund overtime and related costs for the Red Cord Initiative Diversion Program. The Nueces County Commissioners Court approved the interlocal agreement on January 26, 2022. ALTERNATIVES: The alternative is not to enter into the interlocal agreement with Nueces County and not participate in the program, which will cause the program not to be implemented or funded unless other funding sources are identified. FINANCIAL IMPACT: The fiscal impact for FY 2022 is accepting and appropriating an amount of $75,672.50 to the Police Grants Fund. There is no required City match. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: 821607S Mission Element: 151 Respond to Calls for law enforcement Project # (CIP Only): N/A Account: 510200 Overtime 511000 Retirement 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends approving the interlocal agreement, as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with Nueces County. INTERLOCAL AGREEMENT BETWEEN NUECES COUNTY AND THE CITY OF CORPUS CHRISTI THE STATE OF TEXAS § § KNOWN ALL BY THERE PRESENTS COUNTY OF NUECES § Pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, this interlocal agreement("Agreement") is entered into on the Effective Date defined herein below, by and between Nueces County, a political subdivision of the State of Texas, ("County"), and the City of Corpus Christi a Texas home-rule municipal corporation ("City") acting through the Corpus Christi Police Department("CCPD"). WHEREAS, since 2012, County has partnered with the Costal Bend Wellness Foundation) ("CBWF") on the Red Cord Initiative ("Red Cord"), which is a community-based,pre-arrest and pre-trial diversion program dedicated to providing practical, emotional, and social support for individuals experiencing commercial exploitation. Red Cord addresses the myriad of behavioral, environmental, and psychological problems they have faced throughout their lifetime which have contributed to the choices, circumstances, and coercion that led to their involvement in prostitution; and WHEREAS, City has also partnered with Red Cord by providing targeted CCPD law enforcement operations in an effort to curb and eliminate commercial sexual exploitation; and WHEREAS, County received funding from the Office of Governor, Public Safety Office, Criminal Justice Division for innovative projects that prevent, investigate, and/or prosecute the commercial sexual exploitation of people ("CSEP"); and WHEREAS, County wishes to utilize CSEP fund for targeted CCPD law enforcement operations in order to meet the goals outlined in the grant application. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. CCPD shall provide two (2)hotel operations and four(4) massage parlor operations utilizing its staff. The staffing levels are detailed in Exhibit A. 2. CCPD shall purchase undercover/surveillance cameras/recording equipment and utilize funds for hotel room(s) and massage appointments necessary to conduct its operations. These activities are detailed in Exhibit A. Page I 1 3. As payment for these services, County will provide an amount not to exceed $68,463.86 for personnel costs and $7,208.64 for operational costs as detailed in Exhibit A on a reimbursement basis for CCPD activities,payable monthly upon 30 days from receipt of invoice. CCPD shall prepare and submit to County, no more frequently than monthly, an invoice and a progress report and description of the work accomplished during the billing period. The invoice and progress report shall contain sufficient detail such that the billing can be reviewed for compliance. The County reserves the right to withhold payment pending verification of satisfactory work. 4. CCPD will cause this funding to be segregated from other funds used for activities of CCPD unrelated to the purposes of this agreement. 5. Notwithstanding the date this Agreement was executed, this Agreement is to be effective as of October 1, 2021 and shall continue in force and effect until September 30, 2022. 6. The Parties agree that persons performing services under this agreement are the employees of the City and CCPD and that the City and CCPD shall retain all liability for workers compensation and other liabilities that may arise from such employment. 7. Notices All notices, demands, requests, or replies for or permitted by a party under this Agreement must be in writing and shall be by registered or certified United States mail or by a recognized commercial carrier or delivery services as follows: NUECES COUNTY Nueces County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Phone: (361) 888-0444 Fax: (361) 888-0445 E-mail: Barbara.canalesgnuecesco.com Copy Dale Atchley, County Auditor Grant Financial Officer/CPA 901 Leopard Street, Room 304 Corpus Christi, Texas 78401 Phone (361) 888-0556 Fax (361) 888-0584 E-Mail: dale.atchleygnuecesco.com Page 12 CITY OF CORPUS CHRISTI Corpus Christi Police Department POLICE DEPARTMENT 321 John Sartain Street Corpus Christi, Texas 78401 Attn: Phone (361) E-mail: 8. Liability County and City and CCPD agree that in no event shall County be liable for any contracts made by City or CCPD with any person, firm, corporation, association or governmental body. 9. Current Revenues Each party paying for the performance of governmental services pursuant to this Agreement must make those payments from current revenues available to the paying party. 10. Annual Appropriations The parties mutually agree and understand that funding under this agreement is subject to appropriations by County and that funding must be included in the budget for that year and is not effective until approved by the Nueces County Commissioners Court. 11. Compliance with Laws All parties agree to comply with all applicable city, state, and federal laws, regulations, and rules that may pertain to each party's performance under this Agreement. 12. Amendment This Agreement may be amended only by written agreement approved by each respective governing body. 13. Independent Contractor This Agreement will not be construed as creating an employer/employee relationship between County and City or CCPD. 14. Immunities Nothing herein shall be construed as a waiver by either party of any immunities that either party may be entitled to under the law. Page 13 15. Venue Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of the provisions of this Agreement, is specifically set by agreement of the parties in Nueces County, Texas. 16. Entirety Clause This Agreement contains the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. SIGNED on the date written below, but effective as of October 1, 2021 ("Effective Date"). NUECES COUNTY By: Date: Attest: By: CITY OF CORPUS CHRISTI By: Date: Attest: By: CORPUS CHRISTI POLICE DEPARTMENT By: Date: Attest: By: Page 4 EXHIBIT A PERSONNEL COSTS Description Amount 1 Captain with Corpus Christi Police Department(CCPD) @ $70.64 per overtime hour Hotel Escort Stings: 8 hours per operation X 2 operations = $1,130.24 Massage Parlor Operations: 8 hours per operation X 4 operations = $2,260.48 $3,390.72 + 25.6% fringe benefits = $4,258.74 $ 4,258.74 2 Lieutenants with Corpus Christi Police Department(CCPD) @ $65.97 per overtime hour Hotel Escort Stings: 8 hours per operation X 2 operations = $2,111.04 Massage Parlor Operations: 8 hours per operation X 4 operations = $4,222.08 $6,333.12 + 25.6% fringe benefits = $7,954.40 $ 7,954.40 Officers with Corpus Christi Police Department(CCPD) @ $60.85 per overtime hour Hotel Escort Stings: 14 officers X 8 hours per operation X 2 operations = $13,630.40 Massage Parlor Operations: 8 officers X 8 hours per operation X 4 operations = $15,577.60 $29,208.00 + 25.6% fringe benefits = $36,685.25 $ 36,685.25 8 Investigators with Corpus Christi Police Department(CCPD) @ $60.85 per overtime hour Massage Parlor Operations: 8 hours per operation X 4 operations = $15,577.60 $15,577.60 + 25.6% fringe benefits = $19,565.47 $ 19,565.47 TOTALI $ 68,463.86 OPERATIONAL COSTS Description Amount Undercover& surveillance cameras/recording equipment: Keyfob DVR- 1 @ $395/each; Ballcap DVR- 1 @ $1,195/each; Covert wrist watch DVR- 2 @ $395/each; Vape pen DVR - 1 @ $1,995/each; Cell phone DVR with WiFi - 1 @ $495/each; DVR headphones - 1 @ $495/each ($253.64 remaining to account for pricing changes) $ 5,618.64 Undercover money operations for hotel stings and massage parlor operations $ 1,590.00 TOTAL $ 7,208.64 Ordinance authorizing Interlocal Agreement with Nueces County for $75,672.50 reimbursement for overtime and equipment for the Red Cord Initiative Program; appropriating $75,672.50 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept reimbursement funds from Nueces County in the amount of $75,672.50 to fund overtime and equipment for the Red Cord Initiative Program. Section 2. $75,672.50 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM RORPORPIg- Action Item for the City Council Meeting February 8, 2022 1852 DATE: February 8, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3935 Acceptance of funds from Enbridge Fueling Futures CAPTION: Ordinance authorizing the acceptance of $7,500.00 from Enbridge Fueling Futures for rescue equipment to include rope, cord, harness, and other rescue materials for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $7,500.00 into the Fire Grants Fund. SUMMARY: This Ordinance authorizes the acceptance and appropriation of $7,500 from the Enbridge Fueling Futures program. The grant funds will be used to purchase rescue equipment to support the Corpus Christi Fire Department's technical rescue program which will help to provide the capacity needed to respond to emergency rescue calls for service. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) was awarded a grant in the amount of$7,500 from Enbridge Fueling Futures through its Safe Communities First Responder grant program. The program was launched in 2002 to support first responders providing safety across the company's projects and operations. The program awards grants of up to $7,500 for safety equipment, professional training, and safety education programs. Applications for the program are by invitation only to emergency response organizations that most closely meet the eligibility criteria, have high potential impact for community safety, and have a direct partnership with Enbridge. This is the first year the CCFD has received this grant from Enbridge Fueling Futures. The grant funds will be used to purchase rescue gear that includes rope, cord, two AZTEK (Arizona Technician Edge Kit) ProSeries Systems, and harnesses. The AZTEK Systems offer more than 100 rigging solutions in one bag. CCFD currently uses harnesses, however, these new harnesses will be an upgrade as they will be lighter and easier to transport. Also, many of the current harnesses are reaching the end of their service life. This equipment will provide CCFD with important supplies needed to deliver its technical rescue services to the community. ALTERNATIVES: The alternative is not to accept the grant and find other funding sources in order to purchase the necessary rescue equipment for CCFD. This would result in CCFD losing an opportunity to obtain much needed equipment upgrades for its technical rescues services. FISCAL IMPACT: Acceptance of funds in the amount of$7,500 and appropriating $7,500 to the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840026L Enbridge- Safe Communities FY21 Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $7,500.00 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$7,500, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of $7,500.00 from Enbridge Fueling Futures for rescue equipment to include rope, cord, harness, and other rescue materials for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $7,500.00 into the 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 Enbridge Fueling Futures in the amount of $7,500 for the benefit of the City' s rescue equipment SECTION 2. That $7,500 is appropriated in the No. 1062 Fire Grant Fund to purchase rescue equipment to support the Fire Department's technical rescue program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 2/8/22 1852 Second Reading Ordinance for the City Council Meeting 2/15/22 DATE: January 11, 2022 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 7601 Yorktown Boulevard CAPTION: Zoning Case No. 1221-01, Gulfway Shopping Center: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. SUMMARY: The purpose is to allow for the construction of a neighborhood scale commercial development. BACKGROUND AND FINDINGS: The subject property is 5.53 acres in size. The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north are vacant properties along Yorktown Boulevard zoned "CN-1" Neighborhood Commercial District. To the south, east and west, are single-family residential subdivisions zoned "RS-4.5" Single-Family 4.5 District. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 9 within 200-foot notification area 7 outside notification area As of November 24, 2021: In Favor In Opposition 0 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 from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District on December 8, 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. 1221-01, Gulfway Shopping Center: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial 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 a 5.53 tract of land out of Lot 21 , Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "K.- from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 7601 Yorktown Boulevard. 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 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A URBAN FN INEE'Ruf G Job No.41934.00.02 Ck-tobff 27,2021 Exhibit A 5.53 Acre Tract ST ATP OF TT-VAS COUNTY OF NTT-CES Fieldnotes,5.53 Acre Tract of Land,out of Lot 21,Section 25:Fknr Bhiff and Encinal Fama and Garden Tracts,a map of%;hich is recorded in Volume A,Pages 41-43,Map Records of Ni>eces Courih.Texas and being a portion of the property refmr ced in a Warranty Deed with Vendor's Lien from Thelma C'_Peterson and Robert Erwin Pete ion to Citilfi;av Shopping Center,recorded in Docimieut No.2004034665, 0fkW Public Records of Nueces County,Texas;said 5.53 Acre Tract being more fully described as follows: Bee n� at a 5,'8 Inch Iron Rod with a red plastic cap stamped` URRAN ENGR C="Found,on the Southwest Right-of-Way Line of Yorktoixm Boulevard a public roadway, as shourn on the reowikd plat of Riverbend Subdi%isiom Unit 1,a map of which is recorded in Volume 511,Pages 901-9012,of said Map Records,the Southast boundary line of the said Lot 21, for the North corner of Lot 16, Block 1, of the said Rikerbemd Subdi%ision Unit 1; Thence,South 28°42°29"West,with the ccmmacmboundary line of the said Black 1 amd the said Lot 21, 300.00 Feet,to a 5!8 kch Iran Rod with a red plastic cap stamped"URBAN ENGR CCT "Set,on the Northwest boundary line of Lot 19:th,e said Block 1,for the South corner of this Tract,from Mence a 5I8 hion Rod with a red plastic cap stamped"URBAN ENGR=Found, for the Nest corner of the said Rnrerbend Subdi-vision Unit 1 bee, South 28°42'29•'44 est,249.24 Feet; Thence,North 61°18'01"West,o4ff and across the said Lot 21,Section 25:660.21 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped"URB.-VN ENGR CCTX"Set,on the Southeast boundary line of Lot 5,Black 2.of the Amending Plat of Rancho Vista Subdiirision Uhk 1,a map of which is recorded in Volume 65,Page 110, of the said Map Records,for the West corner of this Tract;from I-V hence a 51 Inch In m Riad with a red plastic cap stamped'-LTA 4CN ENGR CGTJr:"Found,for the South corner of the sand Rancho Vista Subdivision Unit 1 bears. South 28°42'09"West,530.00 Feet; Thence,North 28°42'09"East,with the Southeast boundary line of the said Block 2,at 300.00 Feet:pass a 51 Inch Iron Rad,,-.ith a red plastic cap stamped"URB.�N ENGR C=Found on the Southwest Right-of- Way line of the said Yorktown Boule card as shown on the said A.mmding Plat,being the East corner of Lot 2:the said Block 2. at 325.00 Feet,pass a Sig Inch Iron Rai with a red plastic cap stamped"URBAN ENGR C=' I Found- cm the Southwest Right--of-Way line described as an 80 Fast Wide Righrc-of-Way from A.G.Kirchnxn er: Ray Peterson, Bertha T_�Gomzalez and M miel L. Gonzalez to Nueces County_ Texas,recorded in Volume 280, Page 75:Official Public Records ofMieces Count;:Texas,in all 365.00 Feet_to the Northeast boundary line of the said Lot 21,Sectiom 2 5 and the centerline of the said Yoikk wu Boulevard,for the North comer of this Tract. Thence, South 61°1.8'01" East, vrith the said Northeast botuidary line of the said Lot 21, and the said cemi erliue,660.2 i Feet to the Fast corner of this Tract; S:'k.Su wvvme41934%CD021CFFICFd�=ANDBOUNDSUDsA041934Ct1o2_20211d37.DDcx Page 1 0£1 OFFICF:(361)854-3101 2725 S4VAN -1,Ua DR_•CORPUS CHRISTI,TE S 78404 FAX(361A54-6001 1a-%-w.urbanen_-r,i TBPE Firm#145 TBPLS Fun#10032400 Page 4 of 6 Thence, South 28°42'29-'West. at 40.00 Feet pass a 51,Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCT " Form& on the said Sauthvwst Right-off-W'ay line, in all 65.00 Feet, to the Faint of Beginning,confaining 5.53 Acres(240,983 Sq.Ft)of Land,more or less, Grid Bearings and Distances shown heeon are referenced to the Texas Coordinate System of 1983; Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes descrrgtrm including preamble:seal and signatw-e,appears m its mhrety,m its origjnal farm; surveyor assunies no responsUhty forits a-ccxwv..4ko refemnee cisco mnangskekh of tnwt described herein_ , jR' UFa4N EN U=G _-+.r+Cy+1ti1C-CRI 1, f;:4 g BnanD.L.aeogom,RPI-S. LioemeNo.6839 S:%Suave-_ r' 1934VDD02%OF'FICE-NfE A= %D BOT.TND5'-,EXA041434C002_20211027.DDcx Page 2 of 2 OFFICE,(361)8343101 272)5 SWANTNRDI •CORPUS CHKSTI,TEXAS 78444 FAX(361)8-54-6001 u�u•.urhasue�rQ.eam TBPE,Finm4145•TBPL.S Fizm 4 10032400 Page 5 of 6 A --3:, 77 � I � I n i i I I -- -- --- . I I 4 k, k, II.• I I ' I I II ys--.Tv r 11 s• ' _-_- rte- -- — -- —� I i 1'- Page 6 of 6 ZONING REPORT Case No. 1221-01 INFOR No. 21ZN1047 Planning Commission Hearin Date: December 8, 2021 C Owner: Gulfway Shopping Center o Applicant: MVR Construction Company, Inc. u .� Location Address: 7601 Yorktown Boulevard a N Legal Description: Being a 5.53 tract of land out of Lot 21 , Section 25, Flour Q °� ° Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road. From: "FR" Farm Rural District To: "CN-1" Neighborhood Commercial District 'Es Area: 5.53 acres N Purpose of Request: To allow for the construction of a neighborhood scale commercial development. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural Vacant Medium Density Residential "CN-1" Neighborhood E ? North Commercial Vacant Commercial 0 NMedium Density 0 J South "RS-4.5" Single-Family 4.5 Vacant Residential TLow Density Medium Density w East "RS-4.5" Single-Family 4.5 Residential Residential West "RS-4.5" Single-Family 4.5 Low Density Medium Density Residential I Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Southside Area Development Plan and is planned for a medium density o residential use. The proposed rezoning to the "CN-1" Neighborhood 2 Commercial District is generally consistent with the adopted Comprehensive a IU o Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Q City Council District: 5 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 660 feet of street frontage along Yorktown Boulevard which is designated as a "A3" 0 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 Yorktown130' ROW 166' ROW Not Cn 0� Boulevard A3 Primary Arterial 79' paved 90' paved Available Staff Summary: Development Plan: The subject property is 5.53 acres in size. The applicant has not submitted any specific plans concerning the future commercial development. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north are vacant properties along Yorktown Boulevard zoned "CN-1" Neighborhood Commercial District. To the south, east and west, are single-family residential subdivisions zoned "RS-4.5" Single-Family 4.5 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: 12-inch C900 line located along Yorktown Boulevard. Wastewater: 12-inch PVC FM line located along Yorktown Boulevard. Gas: 8-inch Service Line located along Yorktown Boulevard. Storm Water: Roadside ditches located along Yorktown Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for single-family residential uses. The proposed rezoning to the "CN-1" Neighborhood Commercial 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). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: Staff Report Page 3 • 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 the adjacent properties. • Several properties to the west along Yorktown Boulevard have been rezoned to commercial districts since 2014. Planning Commission and Staff Recommendation (December 8, 2021): Approval of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. Number of Notices Mailed — 30 within 200-foot notification area. 4 outside notification area As of November 24, 2021: In Favor — 0 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 RS-4. 5 25 RS-4. 5 0� R -4. 14 �v ° - CN1 e4R 9 °y z2 17 28 y0'p4'rQ h`N o '8<•ra 3 8 CN-1 ze zT 11 21 I 11 R #. 5 19zo / ,$ S;UB:IECT PROPERTY 2 23 15 i6 10 30 a 6 B,QF�Y $ o 29 7 aQ' -4.5 24 � R -4.5 9 0/0/2025 0 150 ,100 Feet CASE: 1221-01 ae Zoning and notice Area RM.1 Multifamily 1 IL Lighl Indnstriel RM-2 Multifamily 2 IH Heavy Industrial RM.3 Muldtamity3 PUD Planned Uah D—Overlay ON Prnfesslonul OHice Rs 10 Single{umity 10 RMAT Multlfamlly AT R58 SinglaFamitj6 _ CN-1 Neighhorhocd Commercial RS-0.551ngIr.Famitj AS CN-2 Ne ighbarhood Cummarclel RS.I T-Famitf [R1 Resort Commercial RS-15 SirgleFamity 15e13 _ SUBJECT CR-2 Rasam Commercial RE RasidentislE—. PROPERTY CG-1 General Commercial RS-fy1 Tawnhwse CG-2 General Commercial 5P Spacial Perm it CI Imeneiva Commerc'ml RV Recreation al Vehicle Park CBD DD.— Commercial RMH ManWacmred Home CR7 Rewrt Commercial FR RRural H Historic Overlay _ BP Business Park Sourccs: ❑® saemrr aaPartv o-aa.a S Esfi, with2aa.b O mra �sER HERE, 4 owners aanin zw"Irareaon avr.era City of -., ElI, sae odea ;Phare X np�o o Ch s USES, LOCATION MAP I Zoning Case #1221 -01 Gulfway Shopping Center Rezoning for a Property at 7601 Yorktown Boulevard From "FR" To "CN-1" N T O UI&JECT off, O PL30O PC L34�7 12, o City Council } = February 8,2022 Zoning Pattern and Adjacent Development -6 FR 2p 0g QO4o6 Currently Zoned: X0977 2094 TR" Farm Rural District �pP 99�g *9" Q 5 Proposed Use: QOog O��a 20029 Commercial Development wog �0�0 Qg"&6 200" 2020 Surrounding Uses: 6UBJE PR(OPER r5'7i 2=0 North: Yorktown Boulevard and PPOV Commercial Zoning 2013 RR 4MUD o Q6-4og 2029 South, East, and N I? West: Single-Family 1 QO-4°5 Residences 20006 �a-:_ P Public Notification 30 Notices mailed inside 200' buffer FR N 4 Notices mailed outside 200' buffer RS-4.5 25 9-4/5 voe 4 Notification Area qR /'P 22 rGN-, 17 e y- 3 Opposed: 0 (0.00%) e 2 N-1 Separate Opposed Owners. 021 3 UB EfT is kRA�ER 23 ,s , In Favor: 0 (0.00%) '° 30 k8gR� RS-4.5 Notified property owner's land in square o� feet/Total square footage of all property in -4.5 R -4.5 the notification area = 4P Percentaqe of public opposition 02 3 Analysis and Recommendation FR T • Consistent with the adopted IF. IN C % Comprehensive Plan (Plan CC) f RS-4.5 f f� The proposed rezoning warrants an L - Ri5=�5 amendment to the Future Land Use Map. R 4 5 ' � ¢`� CN-1 The property is currently vacant and is a remaining unplatted "FR" Farm Rural ✓ _ FR tract. The property has not been .t CN.-1 developed since annexation in 1995. u rear f Rs Recent rezonings in the area have �� !r ✓ !% occurred to various commercial districts j along the Yorktown Boulevard corridor R .�4 Rs-4.5 since 2014. �: R� °" • Planning Commission and Staff Recommendation:Approval R FR RS - 4 . 5 RiS -4.5 r \ \ Ay A, \ c. 4a FR t � Q , '• �o� SUBJECT �� R - 4 . 1�OI05 201 300 Q Feet a \ CA SE: 1221-01 3571 D m m as S F� Q° Aerial View _ 21U rOr4 ® Subject SUBJECT Property PROPERTY Sources: .;-- Esri, City of HERE, Corpus Garmin, Christi USGS, ILOCATION MAP so �o p A PH AGENDA MEMORANDUM Public Hearing for the City Council Meeting of 12/14/2021 µCORPOR I (Tabled)First Reading Ordinance for the City Council Meeting of 2/8/2022 1852 Second Reading Ordinance for the City Council Meeting of 2/15/2022 DATE: January 12, 2022 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 3202 Interstate 69 CAPTION: Zoning Case No. 1021-06, Walker Holdings and Development, LLC.: (District 1) Ordinance rezoning property at or near 3202 Interstate 69 from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. SUMMARY: The purpose is for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 117.29 acres in size. The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north is a Manufacture Home subdivision (Trinity Heritage West, 1999) and is zoned"RMH" Manufactured House District. To the south are properties outside of the City Limits that consist of a Mobile Home Community (Evelyn's RV & Mobile Home Park), vacant properties, and light industrial properties. To the east are vacant properties and large tract single-family homes zoned "RE" Residential Estate District. To the west are commercial properties (Mike Shaw Toyota and Hicks Family Nissan) zoned "CG-2" General Commercial District. City Council heard the case on December 14, 2021. After discussion, the recommendation was to table the case for the drafting of a Special Permit. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the "RS- 4.5" Single-Family 4.5 District except the minimum setback for a garage door is 25-feet. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Planning Commission recommended approval of the zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District on October 27, 2021. The new property owner has decided they want to continue with the original request proposed to City Council on December 14, 2021. Conformity to City Policy The subject property is located within the boundaries of the Northwest 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. The future land use map designates the subject property as a Medium Density Residential use. The density is between 4 to 13 dwelling units per acre. The maximum potential buildout at 13 dwelling units per acre is 1,222 single-family homes. The original preliminary plat for Calallen South Subdivision was 408 dwelling units. The proposed increase of single-family homes will be an increase of 97 units to a total of 505 dwelling units. Public Input Process Number of Notices Mailed 9 within 200-foot notification area 7 outside notification area As of November 2, 2021: In Favor In Opposition 0 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 a rea. 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 "RS-6" Single-Family 6 District to the"RS-4.5" Single-Family 4.5 District. 2. Approval of the zoning from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single- Family 6 District with a Special Permit with the condition that all garage doors be setback 25-feet from the street yard property line. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District on October 27, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1021-06, Walker Holdings and Development, LLC.: (District 1) Ordinance rezoning property at or near 3202 Interstate 69 from the "RS-6" Single-Family 6 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 described as being a 117.291-acre tract of land, more or less, a portion of Gregorio Farias Grant, Abstract 592, Nueces County, Texas, and being a portion of a 160.62-acre tract of land described by deed recorded at Document no. 2002040593, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. The subject property is located at or near 3202 Interstate 69. 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 7 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 7 Exhibit A MuRRAY SASS,-TY.., P.E,rtPL&- 365.1 S.ALAMEDA, 7.IP 7,8404 NlKGN 1d_WELSH.PF RPLS. P 461 882-3521—Fax 361:632-1265 wcacv.b ass-welsL.cam e-mail: mnrx apjx(ti;aol.cam e-mail: nixmWI(p.}rmail..com BASS R WELSH ENGINEERING P-O. ]Box 6397 Carpus Chxisd, TX 78466-6397 October 24,2018 1803&Nf&B-doc STATE OF TECAS ¢ COUNTY OF_IL'ECES De=i tion of a 117.291 acre tract of land more or less,a portion of Gregorio Fangs Grant,Abstract 542, Nueces Cbunty, Texas, and beinz a portion of a 1150.62 acre tract of land described by deed recorded at Document no. 2002C410599, OfiYciaL Records of said county, said 117.291 acre tract of land as further described by metes and bounds as follows= BEGINNING at a 518"iron rod Lound at the northwest corner of MER Subdivisicm,Block 1,Lot 1, a map of which is recorded in Volume 67, Page 25, map rec*rds of said county, said beginning point for the westernmost north corner of the tract herein described and being in the east right-of-way line at U-S. Highway 77,also known as Luka-state Highv ay 154; THENCE along said east right-of-way lime of Interstate Highway 69_NM'15'45'E.ZM-19: to a 5,r8'iron rod set for the northwest corner of the tract herein described THENCE S93"44'15"E 70.71'to a 518"iron rod set for northwesterly corner of the tract herein described; THENCE S84'44'15'I=34-48'to a 518:'iron rod set at the paint of curvature of a circular curve to the right having a central anele of 57°06:5(Y:,a radius of 160.00 and a chord bean 552'10'30"E a distance of 152.47'; THENCE along the are of said cucular curve to the right a distance of 159-49'to a 51'3"iron rod set at the point of tangency THENCE 52987'25:'E 142.44 to a 518"iron rad set at the point of curvature of a circular curse to the left ha%.*a central anele of 38°5538',a radius of 100-00'and a chord bearing S43'45'14'E a distance of 66.64'; THENCE along the are of said circular curve to the left a distance of 157.44'to a 5j8"iron rod set at the point of tangent., THENCE S42'N)W'T 241.45'to a 5,8"iron rod set at the paint of curvature of a czeular curse to the left having a central angle of 18°14 W,a radins of 200.00'and a chord bearing 571'48 63"E.a distance of 153.33'; THENCE along the are of said circular carve to the leit a distance of 153.65'to a 5.8"iron rod set at the point of tangency; THENCE S38'47'09'E 142.47'to a S)i"iron rod set at the point of curvature of a macular cure to the left having a central angle of 89°56-4'7',a radius of 10.00'and a chord bea»ing_N54'14'32 E.a distance of 14.14:; THENCE along the are of said circular curve to the left a distance of 15.76'to a 5187'iron rod set at the point oftangency; EXHIBIT "A" Page 1 of 3 Page 4 of 7 Metes and Bounds Description,117241 Acne Tract,October 29,2018,Continued; THENCE N09'115'08:M 597.64'to a 5.8"iron rod set in the south boundary line of a 30.46 arae tract of land described by deed as Tract 2 in Do^runt-No. 20150443153,said official records,for north central corner of the tract herein described; THENCE aloe,the south boundaryline of said 911.46 acre tract SS8'2T97"E 159 L.74'to a.7.5':iron rod found for north central corner of the tract herein described, north central corner of said 160.6'' acre tract and southeast corner of said 90.46 arae tract and being inthe northwest boundary ling of a 31.96 acre tract of land described by deed recorded at Document-No.2009027846,said official records: THENCE 5135°47-09"W 853.2&' along said northwest boundary line of 91.36 acre tract to a.5'W iron rod set for interior central caper of the tract herein described,interior central corner of said 160.62 acre tract and westernmost corner of said 91.36 acre tract: THENCE along the southwest boundary line of said 31.96 acre tract 55332'58"E?94.40'to a 5,+8'iron rod set for the southernmost corner of said 31.915 acre tract:central corner of said 160.153 acre tract,and southwest corner of Country Estates Unit 4, a map of which is recorded in Volume 90,Page 86,said map records,for interior easterly corner of the tract herein described; THENCE along said south boundary line of Comitry Estates L:nit 4 N84'91'26 E 1359.53'to a 3.:3"iron rod set for the easternm+xt corner of the trail herein described at the point of intersection of said south boundary- line oundaryline of said County Estates Unit 4 and the northwest boundary line of a 100'nide drainage tract described by deed recorded at Vohmre 167,Page 492,Deed Records of said counW, THENCE along said northwest boundary line of 100'wide drainage tract S35°33'28"W 1444.18'to a TxDOT moment found for the southeast corner of the tract herein described and being in the north boundary line of Cole's Industrial Acres,a map of which is recorded in Volume 47,Pages 45 and 46,said map records; THENCE along said north boundary line of said Cble's Incinstnal Arses 589'26'54"55+and along the north boundary line of a 59.87 acre tract of land described by deed recorded at Document No.201,7421067, said ofl�cial records,at 2448_ 5,' pass a 578"iron rod found for the northeast corner of Hominick Acres,Black L, Lot 1,a map of which is recorded in Volume 44,Page 197,said map records,in all a distance of 2741.60'to a disturbed 5737'iron rod found for the southwest corner of the tract herein described and southeast corner of a 15.33 acre tract of land described by deed recorded at Document No.20150M171,said official records; Tl- = C'E along the southeast boundark line of said 15.23 acre tract N09 1545'E 1026.54'to a 5;37'iron rod set for the northeast corner of said 15.23 acre tract and interior west corner of the tract herein described; THENCE N84°44'15"V4' along the northeast boundary line of&aid 15.23 acre tract and along the northeast boundary line of CAH-DHL Commercial Tract,Block 1,Lot L, a,map of which is recorded in Volume 68, Page 532,s aid map records,a distance of 614.38'to a 3;'8"iron rod set for the westernmost mer of the tract herein described and northwest caper of said 1523 acre tract and beine in said east right-Gf-waw line of USF Highway 771H 69: THENCE along said east right-of-way line of US Highway 77;TH 154 N09 15'45"E 150.00'to a 5iW iron rod found for a west corner of the tract herein described and westernmost or southwest earner of said MER Subdivision; THENCE 580'44'15"E 614.98'along the southwest boundary line of said MER Subdivision,Block 1,Lot 1 to a nail found for westerly interior corner of the tract herein deumbed and southeast eoraer of said MER Subdivision,Block 1,Lot 1; E TiIBIT 44A" Page 2 of 3 Page 5 of 7 Metes and Hounds Description,117291 Acre Tract,October 29,2018,Continued; THENCE along the southeast boundary!me cd Paid MER Subdi-,iz-ion,Block 1,Lot 1,N09°15'45"E.L93.66'to a point(monument not sett far a esterly earner of the tract herein described and soutlm-est rnrner of MER Subdivision,Bleck 1,Lot_'; THENCE SW 4-4'ffT 121.11'along the muthwest boundary Jure of said IIE.R Subdisisicn,Slack 1,Lot 2 to a.7..0`izon rod set fcr northwest"interior emmu of the tract herein destabed and southeast corner of said MER SubdrSisiorl,Slocl 1,Lot_'; THENCE alone the southeast boundark lige of said MER Snbdwmion,Block 1,Lot?,*l09'15'45"E 311.4''to a 518"iron rod with plastic cap Labeled"Urban Pngineezinr found for nortlm-esterly interior corner of the tract herein described and northeast corner of said MER Subdivision,Bloch 1,Lot THENCE N42'11'37:W 172.8T along a north boundat}'line of said MER Subdivision to a fence post found for northwest" corner of the tract herein described and northernmost northeast corner of said MER Subdivision,Block 1,Lot 1; THENCE along the north boundary line of said M EER Sub&ision, Slack 1,Lot 1,N62'33'03''4S+632.01 to the POINT OF BECA-%N-I-%G,all iron nods dexmbed above as being set contain plastic cape.labeled`Sass and Welsh Engineering",the basis cd bearings of this description being the State of Texas Lambert Grid,South Zane,NAD 1983_ ��•. Fye yy ae N=eILM.We RP_L. *MomIt 22i1 E IIBIT "A" Page 3 of 3 Page 6 of 7 �S 3s'44'15'F 70, 71' {I NOT 15'45'E r S23'37'25'E 6d.d0' X142,44- CAH-DHL COMMERCIAL -PORTION GREGORIO FAIR[A$ � '� ,µ„. TRACTS, BLOCK 1, LOT 1, s” �f z, GRANT. ABS 592. A (PORTION V. 60, P. 522. M.R. �1 R. :e Se 45 6 j,E OF A 164.62 AC. TRPZT, DOC. r a d . NO. 2002040593, O. �,._• * f . til AU T, :'T. IjOf:, Nas l F' : ,O.R. VON RS-6 70%1'4F TRA'T .0 Fzlk �w lF'•='.",- =is I i'L.. .5'):_ 5-25+47':;Ya 8536_ii' O:�. NO. U� LkiL4>�i44, U. R. -w : I.36 A0. rpAcT, 41�n DOC NO. =91D27846, 0.R. Lmury R. K 00, _W:.-14,U-E: CL'=s•I'_ _$'E PARK 09, 65, t=571140'03'E 'H= L H I? .,0'E =_v_, SCALE, 1'— -.'. =k;', av6 WELSH ENGINEERING :H:�STI Tx CALALLEN S❑JTF NE EEEfI: EECII o:NzC.—Fo-ab. ,7LJJ T N� I XF I- B IT FILE f :'.-.':•,I•.::', Jt:.i •a'::. L..;T t.':FLE. '::-1fE I L::T DATE: ':,HEET - ;:F 1 Page 7 of 7 Zoning Case #1021 -06 Walker Holdings and Development, LLC. Rezoning for a Property at 3202 Interstate 69 From "RS-6" To "RS-4.5" 4 N M HWp8T8LW k r .� _ Faa:tiuRk s 3g _ SuAm I'n..�V J l _ 1 C _ 3 Vicinity PAap - City Council �., ,, February 8,2021 Aerial Overview FOR. . � SUB E� &©` ° m_Fs � 2 Zoning Pattern and Adjacent Development Buffer Yards: 6 CO-2 RMH 2081 o RS-4.5 to RM H: logg Type B: 10' & 10 pts. RS-6 to CG-2: QCT Type C: 15' & 15 pts. o o Setbacks: d C Street: 25 feet Side/Rear: 5 feet SUBJECT T PROOPERW Parking: 2 per dwelling unit Uses Allowed: N Single-Family Homes, Home Occupations, Group Homes. Land Use Existing Land Use Future Land Use FORTSTDOKTON X�_.- FDRT STOCKTON `ry FORT MGINTOSH \� ¢ M F0R7 MQNTOSH / '/� FORT CLARK .� ✓ _R jFORT OLARK_ ... , y " ?� E es-c o�z ,SUBJECT �. i/ w j ��j SUBJECT f'RO!'ERTY "�� n � PROPERTY j i W 1 w LEOLq DR w O O ea,.0..mow O High Density Commercial O ad U Vacant Drainage Commercial Mixed Use Residential O Low Density Manufactured park QGovernment OMed.Density O Permanent Residential Homes Residential Open Space 4 Public Notification 9 Notices mailed inside 200' buffer 7 Notices mailed outside 200' buffer _ FORTSTOCKTON FORT MCINTOSH � W u• �O-' FORTCLARK ¢ N a Q Notification Area e / 5 FR Opposed: 0 (0.00%) Separate Opposed Owners. 0 y � I j e � o e a SUBJECT PROPERTY icc-s In Favor: 0 (0.00%) c Notified property owner's land in square z -- LeoLA DR feet/Total square footage of all property in - the notification area = Percentage of public opposition 5 Planning Commission and Staff Recommendation Approval of the "RS-4.5" Single-Family 4 .5 District Utilities g 1L Water: 6-inch PVC 6 PJC PNrvgt Wastewater: 12-inch PVC 6 8 Gas: F 2-inch Service Line SUBJECT PROPERTY ,6E Storm Water: - 36-inch along Interstate 69 PLANNING COMMISSION FINAL REPORT Case No. 1021-06 INFOR No. 21ZN1041 Planning Commission Hearin Date: October 27, 2021 Owner: Walker Holdings and Development, LLC. Applicant: Walker Holdings and Development, LLC. c o Location Address: 3202 Interstate 69 .� Legal Description: Being 117.291-acre tract of land, more or less, a portion of a N Gregorio Farias Grant, Abstract 592, Nueces County, Texas, and being a Q °� o portion of a 160.62-acre tract of land described by deed recorded at Document no. 2002040593, located on the east side of Interstate 69, south of County Road 52, and north of the City Limits. From: "RS-6" Single-Family 6 District To: "RS-4.5" Single-Family 4.5 District io Area: 117.29 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural Vacant Medium Density Residential Vacant and Medium and North "RMH" Manufactured Home Manufactured High Density Homes Residential o Vacant, Mobile NSouth "OCL" Outside Cit Limits Homes, and Planned a� = y Development J Light Industrial X "FR" Farm Rural and Vacant and Medium Density w East "RE" Residential Estate Low Density Residential Residential Vacant and Commercial and West "CG-2" General Commercial Medium Density Commercial Residential 06 Area Development Plan: The subject property is located within the boundaries a of the Northwest Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the"RS-4.5" Single-Family 4.5 District a o is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 1 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 290 feet of street frontage along the Interstate 69 Access Road which is designated i ° as an "F1" Freeway/Expressway. According to the Urban Transportation Plan, a N "F1" Freeway/Expressways can convey a capacity between 60,000 to 200,000 L Average Daily Trips (ADT). Street Urban Transportation Proposed Existing Traffic m Plan Type Section Section Volume }', O400' ROW 300' ROW cn Interstate 69 F1 Freeway/ Varies 250' 12,985 Expressway paved paved ADT (2013) Staff Summary: Development Plan: The subject property is 117.29 acres in size. The owner is proposing the construction of single-family homes. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north is a Manufactured Home subdivision (Trinity Heritage West, 1999) and is zoned "RMH" Manufactured House District. To the south are properties outside of the City Limits that consist of a Mobile Home Community (Evelyn's RV & Mobile Home Park), vacant properties, and light industrial properties. To the east are vacant properties and large tract single-family homes zoned "RE" Residential Estate District. To the west are commercial properties (Mike Shaw Toyota and Hicks Family Nissan) zoned "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 partially platted. Utilities: Water: 6-inch PVC line located from Interstate 69 or Emory Drive. Wastewater: 12-inch PVC line located to the northeast and will be accessed through easement. Gas: 2-inch Service Line from Emory Drive. Storm Water: 36-inch line located along Interstate 69. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a medium density residential use. 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 residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. (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 future land use map designates the subject property as a Medium Density Residential use. The density is between 4 to 13 dwelling units per acre. The maximum potential buildout at 13 dwelling units per acre is 1 ,222 single-family homes. • The original preliminary plat for Calallen South Subdivision was 408 dwelling units. The proposed increase of single-family homes will be an increase of 97 units to a total of 505 dwelling units. Planning Commission and Staff Recommendation (October 27, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. Number of Notices Mailed — 9 within 200-foot notification area. 7 outside notification area As of November 2, 2021: In Favor — 0 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 3 RM-2 U CG-2 � IL RS-8 x FORT STOCKTON RMH FORT MCINTOSH Q ufl CG- 2 FORT CLARK LU U to �o O ~ F FR � . s�. 5 R 4 l CG-2 cr W 3 U p 3" B Q 01 x SUBJECT o "f PROPERTY CG-2 7 C3 Fa U tD V N o Q 01 LEOLA OR s w �t Q M Date Created.I LVInO21 0 125 250 Prepared"y:.ReyR tarararo Feet Department of Dcyelopment Services N. Case # 9029-06 ZONING & NOTICE AREA =- RM-1 Multifamily IL Lightlndustrial �-- RM-2 Multifamily IH Heavy Industrial ------ SUBJECT RM-3 Multifamily PI10 Planned unit o¢v.Overlay ON Professional Office RS-10 Single-Family 10 PROPERTY P RM-A7 Multifamily AT RS-5 Single-Family6 -------' d � CN-1 Neighborhood Commerclal RS-4.5 Single-Family 4.5 u CN-2Neighborhood Commercial R5-TF Two-Famlly CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate C0-1 Ge neralCommerc'ral RS-TH Townhouse _ Co 1I5 Chnsv Bay CG-2 General Commercial 5P Special Permit -� CI Intensive Commercial RV Reereatlonal Vehicle Park CBD Downtown Commerclal ' RMH Manufactured Home CR-S Resort Commercial .� FR Farm Rural HHistoric Overlay BP si Buness Park uE wthwilit 200 Properly OwnersCity of 20°'6up rO i favor COTpllS 4 ow¢ wahm 2°°cared°" owne LOCATION MAP t� attachetl°w—hp,table r"°pp°vti°n Cr r ltsi F R- TOCK �O U F T M TOS a U � O 1 ,ir. SS o� 3 UO -� .��.G�4 sue�Ecr PROPERTY U Q 1 h U � a ro y OL 2 A V Q � Dare Creared:10/1372021 _ T q Prepared By:,ReyR -' Deparrmenr onvevemrnenvServices Case # 1421-46 Aerial with Subject Property Subject — SUBJECT Property PROPERTY �o Co us Christi Bay T Map Scale: 1:7,500 w ' + City of Corpus LOCATION MAP Christi SC o° a O V Agenda Memorandum First Reading for the City Council meeting of February 15, 2022 I852� Second Reading for the City Council meeting of February 22, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)cctexas.com (361) 886-2604 Appropriating funds from the Auto Theft Prevention Grant Program Income CAPTION: Ordinance appropriating $10,000 from the Auto Theft Prevention Grant program income into the Auto Theft Prevention Grant for the purchase of a replacement 2021 Ford F-150 crew cab vehicle. SUMMARY: This item is for the appropriation of $10,000 in grant funds to be used toward the purchase of a replacement 2021 Ford F-150 crew cab vehicle that will be utilized in grant operations focusing on the prevention of auto theft. The current vehicle used in the grant operations focusing on the prevention of auto theft is a 2010 Chevrolet Tahoe that was originally purchased with funds from the Auto Theft Prevention Grant. The vehicle has now reached the end of its service life per Fleet Maintenance and needs to be replaced. BACKGROUND AND FINDINGS: The current vehicle is a 2010 Chevrolet Tahoe and is used in grant operations focusing on the prevention of auto theft. The vehicle was originally purchased with funds from the Auto Theft Prevention Grant. Auto Theft Prevention program income currently is available to assist with the purchase of the replacement vehicle, which is estimated at a cost of$48,000. The current vehicle will be traded in for $31,850. The remaining balance will come from the Auto Theft Prevention Grant funds which have been approved by State grant officials. Authorization has been obtained through both the City's Asset Management and Finance Departments to trade-in the vehicle. Income for the Auto Theft Prevention Program is generated by Auto Theft Prevention officers conducting 68-A inspections of trailers or vehicles twice a month for individuals with homemade trailers, trailers transferring title to another state, or other vehicles that have issues with their title work. The inspections are conducted at the City's vehicle impound lot twice per week. In 2021, 440 inspections were completed, generating $9,160 in revenue. The current fund balance for the Auto Theft Prevention program is $35,427.87. The program has been in existence for 21 years. ALTERNATIVES: The alternative is not to appropriate the program income and instead utilize General Funds from the Police budget; however, this option would create an unplanned budget deficit in the amount of $10,000.00 in the Police General Fund since grant funds are available in the amount of $10,000.00 to use toward the purchase of the replacement vehicle. FINANCIAL IMPACT: The financial impact is an increase in funding in the Police Grants Fund from the Auto Theft Prevention grant in the amount of$10,000.00. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: 822325S Mission Element: 151 Respond to Calls for law enforcement Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approving the appropriation, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $10,000.00 from the Auto Theft Prevention Grant program income into the Auto Theft Prevention Grant for the purchase of a replacement truck. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1 : The City Manager or designee is authorized to execute all documents necessary to appropriate $10,000 from the Auto Theft Prevention Grant program income into the Auto Theft Prevention Grant to purchase a replacement truck. SECTION 2: $10,000 from the Auto Theft Prevention Grant, is appropriated in the No. 1061 Police Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o p A PH v AGENDA MEMORANDUM WoRPORP�g4 February 15, 2021 1852 DATE: February 15, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRochaCa)-cctexas.com (36)1) 826-3239 Appropriating $49,000 of City of Corpus Christi—Nueces County Local Emergency Planning Committee Reserve Funds and amending the FY 2022 Local Emergency Planning Committee Operating Budget by Increasing Expenditures in the Local Emergency Planning Committee Fund. CAPTION: Ordinance appropriating $49,000 from the City of Corpus Christi—Nueces County Local Emergency Planning Committee Reserve Fund for community education programs and projects regarding hazardous chemical safety; and amending the FY 2022 Operating Budget by increasing expenditures in the Local Emergency Planning Committee fund by $49,000. SUMMARY: This Ordinance will appropriate $49,000 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund, amending the FY 2022 Operating Budget by increasing expenditures in the LEPC fund. The funds will be used for department purchases regarding community education programs and projects regarding hazardous chemicals. BACKGROUND AND FINDINGS: The LEPC is not funded with federal, state, or local tax dollars but is funded through the Interlocal Agreement between the City, the Port and the County, donations from local industry, and grants from the Texas Commission on Environmental Quality and local industry. The funds in the LEPC reserve are accumulated from unused funds in previous budgets. The current reserve fund balance is $89,724.29. The LEPC Executive Committee requested $40,000 remain in reserve in case of an unexpected expense, such as a vehicle purchase. The reserve fund is ongoing and reflects any unused balance from previous fiscal years. The fund has been in place for over ten years. The LEPC reserve funds are sometimes used to fund projects and programs that provide educational information regarding chemical safety and awareness. Chemical safety and awareness programs make up the majority of the LEPC and are mandated by the Emergency Planning and Community Right-to-Know Act. These safety programs and projects have been vetted and approved by the four subcommittees (Finance, Pipeline Damage Prevention, Risk Awareness, and Emergency Response and Communication), the LEPC General Committee, and the LEPC Executive Committee. The LEPC's subcommittees are set out in the LEPC bylaws and are overseen by the LEPC Executive Committee. The $49,000 appropriation from the LEPC reserve fund will be used for the following projects: • Chief Rocha recommends sending eight representatives total from both the Corpus Christi Fire Department and the LEPC to the 2022 International Hazardous Materials Conference in Baltimore, Maryland. The trip is contingent upon the conference being held in-person. The cost is approximately $15,000.00. • Creation of a chemical incident, shelter-in-place, and evacuation informational video for first responders and industry representatives. The video is an emergency management tool and not for public distribution. The cost is approximately $10,000.00. • Materials for Shelter-in-Place kits that are distributed to area schools, daycare facilities, and libraries to be used in the event of chemical emergencies. An increasing number of schools are requesting these kits as they are now included in school districts' emergency plans. The cost is approximately $24,000.00. ALTERNATIVES: The alternative to accepting the ordinance amending the LEPC fund and increasing expenditures is to leave the current LEPC fund as is which will reduce the LEPC's ability to fund chemical safety and awareness projects for the community. FISCAL IMPACT: Appropriating $49,000.00 from the LEPC Reserve Fund to the FY 2022 LEPC Budget and increasing the expenditures. Funding Detail: Fund: 6060 LEPC Organization/Activity: 21700 Local Emergency Planning Committee Mission Element: 091 Prevention Project # (CIP Only): N/A Account: 547010 Travel Amount: $15,000 Fund: 6060 LEPC Organization/Activity: 21700 Local Emergency Planning Committee Mission Element: 091 Prevention Project # (CIP Only): N/A Account: 530500 Printing and Advertisement Amount: $34,000 RECOMMENDATION: Staff recommends approval of this ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $49,000.00 from the City of Corpus Christi— Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund; and amending the FY2021-2022 Operating Budget by increasing expenditures in the LEPC fund by $49,000.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $49,000.00 is appropriated from the City of Corpus Christi— Nueces County Local Emergency Planning Committee Reserve Fund No. 6060 to supplement and expand community information programs and projects. Section 2. That the FY2021-2022 Operating Budget, is changed by increasing expenditures by $49,000.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor LEPC FUND 6060 SCHEDULE OF FUND BALANCE September 30,2021 2021 Key 2020 Beginning fund balance $ 89,016.79 Py 91,923.39 Add: Contributions 206,119.17 is-2 212,536.92 Earnings on investments 256.17 is-2 2,100.72 Transfers In 0.00 is-2 552.00 Deduct: Expenditures 209,989.92 is-3 218,096.24 Transfers Out - - Ending fund balance $ 85,402.21 $ 89,016.79 CITY OF CORPUS CHRISTI,TEXAS ANNUAL REVENUE ESTIMATE COMPARED TO ACTUAL COLLECTED FOR THE 12 MONTHS ENDED September 30,2021 Run: 10/08/2021 at 3:06 PM Fund:6060-LEPC Acct# Account Description Annual Estimate YTD Actuals Variance %Collected 340000 Contributions and donations 219,068.00 206,119.17 (12,948.83) 94.09 340900 Interest on investments 0.00 283,93 283.93 N/A 340995 Net Inc/Dec in FV of Investmen 0.00 (27.76) (27.76) N/A TOTAL 219,068.00 206,375.34 (12,692.66) 94.21 CITY OF CORPUS CHRISTI,TEXAS SUMMARY OF APPROPRIATIONS AND EXPENDITURES FOR THE 12 MONTHS ENDED September 30,2021 FUND:6060-LEPC Run:12/08/2021 at 3:08 PM Encumbrances/ Unencumbered Org Description Original Budget Amended Budget Expenditures Commitments Balance 21700 Local Emerg Planning Comm 122,186.30 131,390.30 131,253.96 0.00 136.34 21901 Reverse Alert System 81,632.00 81,632.00 78,735.96 0.00 2,896.04 TOTAL ORG 203,818.30 213,022.30 209,989.92 0.00 3,032.38 �vs cr� G� O � NCORPORA,4o AGENDA MEMORANDUM 1 2 Action Item for the City Council Meeting of February 15, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Rolando Mata, Director of Public Works RolandoM2(a)cctexas.com (361) 826-1677 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of One 2022 Bergkamp FP5 Flameless Patcher for Public Works CAPTION: Motion authorizing the purchase of one additional 2022 Bergkamp FP5 Patcher pothole truck from Doggett Freightliner of South Texas, LLC., of Houston for$227,213.00, through the Texas Interlocal Purchasing System Cooperative, to be used for in-house pothole patching projects citywide by the Public Works Department, with FY 2022 funding available in the Vehicle & Equipment Replacement Fund. SUMMARY: This motion authorizes the purchase of one (1) 2022 Bergkamp FP5 flameless patcher unit to conduct pothole repair street maintenance within the City's 2,951 centerline mile street network. Currently, Public Works' fleet has four (4) conventional pothole patcher truck units and awaiting delivery of an additional two (2) units whose purchase was authorized by Council on March 30, 2021 . This purchase will increase the number of conventional pothole patching trucks in the Public Works' fleet to seven (7) conventional pothole patcher truck units. Additionally, Council authorized the purchase of two (2) Peterbilt spray patcher units on April 13, 2021 , which when received will further increase the Public Works pothole repair fleet to nine (9) units. BACKGROUND AND FINDINGS: The Public Works Department is seeking authorization to purchase one (1) Bergkamp FP5 flameless pothole patcher truck to be used for in-house pothole patching projects citywide. Bergkamp has one (1) FP5 flameless pothole patcher truck available for immediate purchase. This FP5 pothole patcher truck is a replacement and included in the FY 2022 Capital Outlay master list maintained by the Asset Management Department, Fleet Services. The Public Works Department is seeking Council authorization to purchase the Bergkamp FP5 Flameless Patching unit to take advantage of Bergkamp's offer. Another municipality was unable to purchase FY 2022 FP model and the vendor offered this unit to the City of Corpus Christi before other interested municipalities. This unit is exclusively available to the City of Corpus Christi until February 28, 2022 and can be delivered to the City in two weeks. Staff from the Public Works Department and Department of Asset Management's Fleet Services reviewed all specifications and agreed to move forward with this purchase. Denial of this purchase authorization will result in Bergkamp selling the FP5 unit to another municipality that also expressed interest in acquiring the unit and delay delivery of Public Works' replacement unit by 18 months (current estimated delivery timeline provided by the vendor). PROCUREMENT DETAIL: This procurement is Texas Interlocal Purchasing System (TIPS) Cooperative. Contracts awarded through the TIPS Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Public Works ordered two of these trucks in April 2021 , and to date the City has not yet received them. The price difference is an increase of 15.6% for this truck, which is due to supply chain manufacturing of this vehicle. ALTERNATIVES: The alternative to purchasing the one (1) 2022 Bergkamp FP5 flameless patcher is to rent it or forego the replacement altogether. However, both options would not be cost effective in the long-term and the equipment may not be readily available when needed, if rented from a third party. FISCAL IMPACT: The FY 2022 fiscal impact is $227,213.00 for the purchase of one (1) 2022 Bergkamp FP5 flameless patcher to be funded through the FY 2022 Vehicle & Equipment Replacement Fund's Adopted Budget. FUNDING DETAIL: Fund: 5111 Vehicle & Equipment Replacement Fund Organization/Activity: 12431 Street Fund Fleet Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): N/A Account: 550020 Vehicles and Machinery Amount: $227,213.00 RECOMMENDATION: Staff recommends approval of this purchase from Doggett Freightliner of South Texas, LLC., of Houston, Texas for one 2022 Bergkamp FP5 flameless patcher. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet Contracts and Procurement Purchase of One Freightliner Chassis for Public Works Senior Buyer: Cynthia Perez TIPS Contract 200-206 Doggett Freightliner of South Texas,LLC Houston,Texas ITEM DESCRIPTION QTY. UNIT Unit Extended Price Price 1 2022 Freightliner M2-106 Chassis 1 EA. Flameless FP5 Patcher Unit $227,213.00 $227,213.00 TOTAL: $227,213.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 15, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Roll Off Containers for Solid Waste CAPTION: Motion authorizing the purchase of nine replacement roll off containers from Wastequip Manufacturing Company, LLC., of Beeville, Texas through Sourcewell for $99,096.00 to be used by Solid Waste Services, with FY 2022 funding available through the General Fund. SUMMARY: This motion authorizes the purchase of nine replacement roll off containers from Wastequip Manufacturing Company, LLC. to support the Solid Waste Services. BACKGROUND AND FINDINGS: This purchase is requested to replace three containers used by the JC Elliott Transfer Station, and six containers utilized by the wastewater treatment plants. The containers used by the wastewater treatment plants are constructed with special features to prevent leakage and spillage during transportation. Solid Waste Services utilizes roll off containers at the Transfer Station, wastewater treatment plants, and various Park and Recreation facilities for the collection of solid waste. The containers are hauled by specialized trucks, equipped to load, unload, and empty the containers at the landfill. In fiscal year 2015, Solid Waste Services assumed responsibility for the wastewater sludge hauling operations, which is reimbursed annually by the Wastewater Fund through budgeted interfund transfers. The new containers will be incorporated into the Transfer Station and Wastewater Treatment Operations, to replace worn and corroded containers determined unsuitable for repair. PROCUREMENT DETAIL: This procurement is through the cooperative, Sourcewell. Contracts awarded through Sourcewell have been competitively procured in compliance with the Texas Local and State procurement requirements. Sourcewell offers special market pricing with an average percentage savings of 5 -21% less than retail. In view of these savings through Sourcewell, it is the recommended method of purchase for the City. ALTERNATIVES: One alternative is to not replace boxes that have reached the end of their useful life. The boxes will become a safety risk to users and public and taking them out of service, without replacement, will impact production and Solid Waste's ability to service the public. Another alternative is to outsource operations to a third party at a much greater cost to the City. FISCAL IMPACT: The fiscal impact for FY2022 is a total amount of $99,096.00 for the purchase of nine roll off containers funded through the General Fund. FUNDING DETAIL: Fund: 1020 Organization/Activity: 12504 Mission Element: 033 Project # (CIP Only): N/A Account: 550040 Amount: $31 ,528.00 Fund: 1020 Organization/Activity: 12513 Mission Element: 033 Project # (CIP Only): N/A Account: 55040 Amount: $67,568.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of nine roll off containers from Wastequip Manufacturing Company, LLC., of Beeville, Texas as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Contracts&Procurement Purchase of Roll Off Containers Senior Buyer: Tracy Garza Solid Waste Department Sourcewell Contract 040621-WQI WASTEQUIP MANUFACTURING CO. BEEVILLE,TEXAS ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 40 Cubic Yard Heavy Duty Rectangular Roll Off 1 Container 3 $ 10,509.33 $ 31,528.00 15 Yard Round Bottom Gasketed Door-Open 2 Top Container 3 $ 10,781.33 $ 32,344.00 25 Yard Round Bottom Gasketed Door-Open 3 Top Container 3 $ 11,741.33 $ 35,224.00 TOTAL PURCHASE PRICE $ 99,096.00 Note: Pricing inlcudes shipping fees 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 15, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC(a�cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Servers for Communications, Utilities and Public Safety CAPTION: Resolution authorizing the execution of a service agreement for the purchase of servers, five years of support and parts warranty, and one year of licenses with Area Electronics Systems, Inc., dba DataON of Anaheim, California, in an amount not to exceed $462,705.85 for Communications, Utilities, and Public Safety with funding through the Information Technology, PEG Cable, Wastewater, and Crime Control District Funds. SUMMARY: This resolution authorizes a service agreement with Area Electronics Systems, Inc., dba DataOn Storage to provide the City's standardized Azure Stack HCI hardware for servers, licenses and professional services for Consent Decree, Communications and Public Safety data. BACKGROUND AND FINDINGS: The Communications and Utilities departments store multimedia and consent decree data on servers which have reached end-of-life. This proposed solution is necessary to move the Communications and Utilities systems to the City's standardized DataOn solution for support and business continuity. This purchase provides the server hardware, licenses, support, and warranty for 5-years, and professional services required to migrate all data from the end-of-life servers. Also, due to the continued growth of Public Safety systems, additional servers are required. This proposed solution supports a FY2022 budget initiative and will provide the server hardware, licenses, support, and warranty for five years as needed to expand the Public Safety systems. PROCUREMENT DETAIL: This is a sole source procurement. Area Electronics Systems, Inc., dba DataOn Storage is a proprietary vendor that provides servers consistent with the City's current hardware. This purchase is 14% off retail price which is a savings of $74,667.04. The purchase of the servers and five-year support are vital for the continued support of Communications, Utilities, and Public Safety departments for the safety of our citizens. ALTERNATIVES: No alternative. This purchase is necessary to replace the end-of-life servers for Communications and Utilities and to expand the Public Safety systems using the city's standardized solution. FISCAL IMPACT: The fiscal impact for Information Technology, Communications, Utilities and Public Safety in FY 2022 is an amount not to exceed $462,705.85. Funding Detail: Fund: 5210 Information Technology Organization/Activity: 40495 IT Public Safety Services Mission Element: 241 Provide Support Technology Infrastructure Project # (CIP Only): n/a Account: 520100 Computer Equipment and Software Non-Capital Amount: $182,705.85 Fund: 1031 PEG Cable Organization/Activity: 14676 Cable PEG Access Mission Element: 172 Customer Service Project # (CIP Only): n/a Account: 550040 Other Equipment Amount: $90,000.00 Fund: 4200 Wastewater Organization/Activity: 33410 Wastewater Collections Major Maintenance & Repair Mission Element: 042 Wastewater Collection System Project # (CIP Only): n/a Account: 520100 Computer Equipment and Software Non-Capital Amount: $90,000.00 Fund: 9010 CC Crime Control Organization/Activity: 11717 CCCCPD — Public Safety Vehicles & Equipment Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): n/a Account: 520090 Minor Tools & Equipment Amount: $100,000.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year service agreement with Area Electronics Systems, Inc., dba DataOn Storage as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Resolution DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 115526 U Storage Server for Communications, Utilities and Public ye1852Eo Safety THIS Storage Server for Communications, Utilities and Public Safety Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Area Electronics Systems, Inc., dba DataOn Storage ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Storage Server for Communications, Utilities and Public Safety in response to Request for Bid/Proposal No. SS 115526 ("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 Storage Server for Communications, Utilities and PUblic Safety ("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) The Term of this Agreement is five years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so 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 October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 3. Compensation and Payment. This Agreement is for an amount not to exceed $462,705.85, 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: Sam Bhakta Information Technology Department Phone: 361-826-3094 Samitb@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 October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 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 October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 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: Sam Bhakta System Administrator 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3094 Fax: n/a IF TO CONTRACTOR: Area Electronics Systems, Inc., dba DataOn Storage Attn: Bailey Carpenter Account Manager 1247 Lakeview Ave., Suite C, Anaheim, CA 92807 Phone: 714-441-8820 ext. 225 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 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 October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 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 October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 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 October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 CONTRACTOR DocuSigned by: Signature: _ E794D4151 E3047A... Printed Name: Howard Lo Title: vice President Date: 1/21/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - 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 1 : RFB/RFP No. SS 115526 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 Attachment A: Scope of Work PROJECT NAME: Consent Decree & Multimedia Storage for Public Safety PROJECT ADDRESS: City of Corpus Christi IT Department, 1201 Leopard Street, IT Basement, Corpus Christi, TX 78401 . Scope of Work: A. The Contractor will provide and deliver to the IT Department Point of Contact three servers for Public Safety deployment, consolidated video storage for Consent Decree and Multimedia. Backup hardware for Consent Decree and Multimedia are included as well as expansion for our current backup environments with additional Veeam Licensing. B. The Contractor will provide Hardware installation for the following: Quantity Part Number Description 3 S2D-6224 DataONTM S2D-6224 2U 24 x 2.5" All-NVMe HCI Validated Node 2 SN2700-CS2F NVIDIA I Mellanox® SpectrumTM SN2700-CS2F 32-port QSFP28 2 S2D-6208 DataONTM S2D-6208 2U 8 x 2.5" Standalone Server 2 DNS-4760 DataONTm DNS-4760 4U 60 x 3.5" 12G SAS JBOD Enclosure 11 Veeam Availability Suite Universal License 100 DC HC550 WD Ultrastar® DC HC550 18TB 3.5" 7200RPM 12G SAS HDD 100 Professional Veeam Setup, Configuration, Best Practices, Bulk Services Data Migration Services 1 WNTY-SYR-WW 5 Years DataONTm Advanced Replacement Warranty & Support C. The Contractor will provide hardware support for listed hardware, which includes all power supplies, or any other items that are related to hardware in this support. D. The Contractor will replace any failed parts after a support call is done and it is determined that the part has failed. E. The Contractor will provide NBD (Next Business Day) replacement on hardware. Page 1 of 2 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 F. The Contractor will provide hardware support via email, WebEx, and phone support with five years support. Support 7 days a week, 24 hours. IT Point of Contact Sam Bhakta 1201 Leopard St. Corpus Christi, TX 78401 Office 361 -826-3094, samitb@cctexas.com Person Authorized to Sign: Howard Lo VP Sales and Marketing Cell +1949-505-2218 howardl@dataonstorage.com Bailey Carpenter- Vendor Point of Contact Account Manager Office: (714) 441-8820 ext. #225 baileyc@dataonstorage.com Page 2 of 2 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 Attachment B: Bid/Pricing Schedule 30 CELEBRATING THIRTY YEARS OF EXCELLENCE Data,, nl iT. Quote# 103215-2 1247 N. Lakeview Ave. Suite C Anaheim,CA 92807 Date : 1/11/22 Phone: 714.993.0300 Fax: 714.386.6125 Contact: Ben Milbourne E-mail: sales@dataonstorage.com Customer: CITY OF CORPUS CHRISTI Phone: 361-826-3094 Contact: SAM BHAKTA Email: • Q'ty Product Description Unit Price Extended Dataol TM Azure Stack HCI Certified Solutions Part I -- Three • . for WSndaws 3 DataONTM S2113-6224 2U 24 x 2.S"All-NVMe HCI Validated Node sNK 2099 Form factor: 2U Rack Server, 17.56" (W) x 30.32" (D) x 3.43" (H) Supports Dual Intel Xeon@ ScalableTm Gen 3 Processor Series &(32) DDR4 DIMM Drive Bay: (24) NVMe U.2 2.5" Hot-swappable; PCIe 4.0 Slot: (6) x8 &(2) x16 Onboard NIC: (2) Built-In 10GbE RJ45 via OCP 3.0 Mezzanine - -- I/O Controller: Intel@ PCIe NVMe Switches Included * 130OW (1+1) Full-Range Hot-Swappable PSU with C13-C14 Power Cords * Intel@ Advanced System Management Key&TPM 2.0 Kit included - * Intel 2U Premium Rail Kit&Cable Management Arm ys _ ` 6 Intel@ Xeon@ Scalable Gen.3 Gold 6336Y 2.4 GHz, 24-Core, 36MB Cache; (2) Per Node 48 Samsung@ 64GB DDR4 3200MHz ECC-Register RDIMM; 1024GB Per Node 6 DataONTM 480GB SATA III M.2 2280 Boot Drive For OS- Mirrored, (2) Per Node 6 NVIDIA Mellanox@ ConnectX-6 Dx EN Dual-Port QFP56 100GbE RDMA Card, PCIe 4.0 x16; (2) Per Node 6 NVIDIA Mellanox@ LinkXTM Passive Copper cable, ETH 100GbE, 100Gb/s, QSFP, 28 AWG; 3M DataON@ MUST TM (Management Utility Software Tools) Included ANUST TM Storage Configuration -All-NVMe SSDs 36 Intel@ DC P5510TM NVMe 7.6TB 2.5" 144L 3D TLC SSD; Storage Tier Part# SSDPF2KX076TZ01; (12) Per Node; (1) Per Node Reserved for Fast-Rebuild Three-Way Mirror; 30% Efficiency; Total Usable Capacity -76.0 TB RDMA Network Switch Bundle 2 NVIDIA Mellanox@ SpectrumTM SN2700-CS2F 32-port QSFP28 100GbE, 1U Open Ethernet Switch 2 NVIDIA Mellanox& LinkXTM Passive Copper cable, ETH 100GbE, 100Gb/s, QSFP, 30 AWG, 1M 2 Mellanox Technical Support and Warranty- Silver, 5 Year,for SN2000 Series Switch Part I - Subtotal $ 254,660.00 Page 1 of 3 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 Part 11 -- Consent Decree & Multimedia Video Storage 2 DataONT'" S2D-6208 2U 8 x 2.5" Standalone Server , X0,9 Form factor: 2U Rack Server, 17.56" (W) x 30.32" (D) x 3.43" (H) Supports Dual Intel Xeon@ ScalableTm Gen 3 Processor Series &(32) DDR4 DIMM Drive Bay: (8) NVMe U.2 2.5" Hot-swappable PCIe 4.0 Slot: (6) x8&(2)x16 , �.eti�f�r��f• z r��'.� i Onboard NIC: (2) Built-In 10GbE RJ45 via OCP 3.0 Mezzanines I/O Controller: Intel@ PCIe NVMe Switches Included *TPM 2.0 Kit included * 130OW (1+1) 110V hot-swappable redundant PSU with NEMA 5-15 Power Cords * Intel@ Advanced System Management Key - ...:: ... �. .....::::: Hi * Intel@ Full Extended Rail Kit&Cable Management ArmIF Node Configuration 4 Intel&Xeon@ Scalable Gen.3 Silver 4309Y 2.8 GHz, 8-Core, 12MB Cache 16 Samsung& 32GB DDR4 3200MHz ECC-Register RDIMM; 256GB RAM Total 4 DataONTm 480GB SATA III M.2 2280 Boot Drive For OS- Mirrored 2 NVIDIA Mellanox@ ConnectX-6 Dx EN Dual-Port QFP56 100GbE RDMA Card, PCIe 4.0 x16 4 NVIDIA Mellanox@ LinkXTM Passive Copper cable, ETH 100GbE, 100Gb/s, QSFP, 28 AWG; 3M 2 Broadcom I LSI@ MegaRAID 9580-8i8e PCI-e 4.0 x8 8-Port External Tri-Mode Raid Controller 2 CVPM05 CacheVault Power Module For MegaRAID 9500 Series 2 DataONT'" DNS-4760 4U 60 x 3.5" 12G SAS]BOD Enclosure ;; ,' ,` ` ; Form factor: 4U Rack Mount, 17.61"(W) x 6.89"(H) x 28.03"(D) Drive Bay: (60) SAS 3.5" Hot-swappable by Drop-down Installation SAS Connector: (6) 8644 Mini-SAS HD per IOM Dual (1+1) 160OW Redundant Power Supply- Platinum, 200/240V AC, C13-C14 Power Cords 4 8644-to-8644 Mini-SAS HD Cable; 3M — i� i - �1,,, 64 WD Ultrastar@ DC HC550 18TB 3.5" 720ORPM 12G SAS Enterprise Nearline HDD fry A krill Wp A [W 0 RAID 6+0; (1) Hot Spare Drive Each; (24) Drives for Unit #1 &(40) for Unit #2 Unit #1: Total Usable Capacity N279.9TB (After Format) Unit #2: Total Usable Capacity N515.7TB (After Format) (36) Slots Available For Expansion in Unit #1 and (20) in Unit #2 Part II - Subtotal $ 98,440.00 Continued Page 2 of 3 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 =1 �'- Veearn Licenses for NAS Backup 11 Veeam Availability Suite Universal License - Upfront Billing License (1 Year) $ 1,282.35 $ 14,105.85 Incl. Production Support- 10 Instances- Public Sector (The 10 pack bundles cover up to 5TB per 10 pack) Part III - Subtotal $ 14,105.85 Part IV -- Storage Expansion 100 WD Ultrastar& DC HC550 18TB 3.5" 720ORPM 12G SAS Enterprise Nearline HDD (18) Per Repo; New RAID 6+0 Arrays; (1) Hot Spare Drive Each; Both Fully-Populated Total Additional Capacity N191.52TB Per Repo (After Format) (32) Per HCI Cluster;Three-Way Mirror; Total Additional Capacity N172.8TB Per Cluster (After Format) 128 Slots (16 Per JBOD)Available For Expansion Part IV- Subtotal $ 69,000.00 Jr --'Part V -- Professional Service Hour-r- 100 Veeam Setup, Configuration, Best Practices, Bulk Data Migration Services $ 265.00 $ 26,500.00 With Additional Veeam Education &Knowledge-Transfer (Hourly) Part V- Subtotal $ 26,500.00 Grand Total $ 462,705.85 Ship To: 1201 LEOPARD ST. BASEMENT, CORPUS CHRISTI,TX 78469-9277 Shipping/Handling/Insurance Included Sales Tax NOT Included Page 3 of 3 Payment Terms: Net 30 Days Upon Credit Approval Warranty: 5-Years Defective Parts with Advanced Replacement Qata0N TM Storage is Storage Div. of Area Electronics Systems DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 Attachment C: Insurance and Bond Requirements There is no insurance or bond requirements for this service agreement. Page 1 of 1 DocuSign Envelope ID: 13237C26-8A96-4A5A-BF9D-CF4048BBAAC3 Attachment D: Warranty Requirements 5-year DataOn Advanced Replacement Warranty and Support. Page 1 of 1 Resolution authorizing the execution of a service agreement for the purchase of servers, five years of support and parts warranty, and one year of licenses with Area Electronics Systems, Inc., dba DataON of Anaheim, California, in an amount not to exceed $462,705.85 for Communications, Utilities, and Public Safety with funding through the Information Technology, PEG Cable, Wastewater, and Crime Control District Funds. WHEREAS, Area Electronics Systems, Inc., dba DataON ("DataON") provides data storage servers required by Communications, Utilities, and Public Safety; WHEREAS, State law provides that such procurements, as described, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve of protect the public health and safety of the City's residents; WHEREAS, there is second statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents, copyrights, or special processes; and WHEREAS, there is a third statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(D), as this purchase is available from only one source due to captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble and recitals of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to purchase the servers, obtain five years of support and parts warranty, and one year of licenses from Area Electronics Systems, Inc., dba DataON of Anaheim, California, for an amount not to exceed $462,705.85. A copy of the service agreement will be on file in the Office of the City Secretary. PASSED AND APPROVED on the day of , 2022 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 Page 2 of 2 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Action Item for the City Council Meeting of February 15, 2022 1852 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Approval to submit grant application for Rifle-Resistant Body Armor for the Police Department CAPTION: Resolution authorizing submission of grant application for$20,000 to the State of Texas, Criminal Justice Division for funding available under the Rifle-Resistant Body Armor Grant Program for the purchase of 40 additional pieces of rifle resistant body armor for Corpus Christi Police Department officers. SUMMARY: Funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division, to equip Corpus Christi Police Department officers with 40 additional rifle-resistant body armor pieces. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) currently has 425 rifle-resistant pieces of body armor issued to its officers. The grant will cover the next Police Academy which begins in July 2022 and graduates in March 2023. The July 2022 Academy is expected to have 35 cadets. The grant will provide 40 additional rifle-resistant pieces of body armor which will completely supply the July 2022 Academy class upon graduation. To date, all sworn officers have been issued rifle- resistant body amor. The rifle-resistant body armor is issued to officers in addition to their regular field operations body armor. The rifle-resistant body armor is rated at Level IV. Regular field body armor is rated and Level II and is issued to cadets while they are in the Academy. This is the first year that the City has applied for this grant. The Police Officers Association purchased the original issue of 425 rifle-resistant pieces of body armor. This is the first purchase of rifle-resistant body armor that the City has applied for because previously there was not a need since CCPD had enough to pieces of rifle-resistant body armor to issue to all officers. The project period is from September 1, 2022 through August 30, 2023. ALTERNATIVES: The alternative is not to apply for the grant funding which will result in CCPD not being able to provide its next Police Academy with the rifle-resistant body armor without making an unplanned purchase from the Police General Fund Budget. FISCAL IMPACT: There is no financial impact at this time. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund Mission Element: 151 Project # 821607S Account: 520090— Minor Tools & Equipment RECOMMENDATION: Staff recommends submitting the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application for $20,000.00 to the State of Texas, Criminal Justice Division for funding available under the Rifle-Resistant Body Armor Grant Program for the purchase of forty (40) pieces of rifle resistant body armor. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $20,000.00 for funding available under the Rifle-Resistant Body Armor Grant Program for the purchase of forty (40) pieces of rifle resistant body armor. SECTION 2. There is no City cash match or in-kind services for this grant. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the day of , 2022: 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 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Action Item for the City Council Meeting of February 15, 2022 1852 DATE: January 25, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the FY 2023 Criminal Justice Grant Program for in-car video systems for the Police Department CAPTION: Resolution authorizing submission of a grant application for $80,000.00 to the State of Texas under the FY 2023 Criminal Justice Grant Program for the purchase of 11 additional in-car video systems for the Corpus Christi Police Department. SUMMARY: Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division for the Criminal Justice Grant Program for projects that promote public safety, reduce crime, and improve the criminal justice system. BACKGROUND AND FINDINGS: Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. In-car camera systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. The Corpus Christi Police Department (CCPD) requests the purchase of eleven additional in-car camera systems to expand its current inventory in the effort to ensure that an in-car camera is in every enforcement unit. The 11 additional in-car camera systems will be placed in CCPD police vehicles that CCPD ordered in FY 2022 and expects to receive in calendar years 2022 and 2023. The cameras will be installed by the City's vendor, C&S Plating, into the new police vehicles as they are built-out for deployment in the field. After the addition of the 11 new in-car camera systems, CCPD will have a total of 172 in-car camera systems. The project period is from October 1, 2022 through September 30, 2023. ALTERNATIVES: The alternative is to not submit the grant which would result in CCPD not having the funding to put an in-car camera in every police vehicle in its inventory. FINANCIAL IMPACT: There is no financial impact at this time. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund — Mission Element: 151 Project # N/A Account: 520090— Minor Tools & Equipment RECOMMENDATION: Staff recommends submission of the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing submission of a grant application for $80,000.00 to the State of Texas under the FY 2023 Criminal Justice Grant Program for the purchase of in-car video systems for the Police Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas under the FY 2023 Criminal Justice Division Grant Program in the amount of $80,000.00 for the purchase of in-car video systems. SECTION 2. There is no City cash match or in-kind services for this grant. SECTION 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these Office of the Governor funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. 2 PASSED AND APPROVED on the day of , 2022: 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 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 15, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Rolando Mata, Interim Director Public Works RolandoM2(a)cctexas.com Josh Chronley, Director of Contracts and Procurement Josh C(a)cctexas.com (361) 826-3169 Resolution Authorizing an Amendment to the Interlocal Cooperation Agreement for Air Quality Monitoring Service CAPTION: Resolution authorizing an amendment to the Interlocal Cooperation Agreement with Texas A & M University-Corpus Christi (TAMUCC) to budget from $150,499 in FY 2021 to $200,197 in FY 2022 and $175,697 in FY 2023 for air quality monitoring service and extending the period of performance to December 31 , 2023, with funding available in the No. 1071 Community Enrichment Grant Fund. SUMMARY: On December 14, 2021 , City Council approved an ordinance authorizing an acceptance of $417,658 from an Air Quality Grant by TCEQ to be used for air monitoring services. This amendment will budget funds and extend TAMUCC's monitoring and reporting activities until December 31 , 2023. BACKGROUND AND FINDINGS: The City entered into a State Funded Grant Agreement with the Texas Commission of Environmental Quality (TCEQ) for air quality planning activities in areas considered to be near non-attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990. Activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantifications of potential pollution reduction through voluntary control, and activities consistent with TCEQ monitoring, inventory, and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend Region. TAMUCC has been in partnership with the City's air quality planning activities for the Coastal Bend Region through the TAMUCC's Pollution Prevention Partnership program. TAMUCC completed tasks in 2020-2021 and we have currently paid out $140,625.00 of the existing agreement, with the remaining $54,751 .30 to be paid out on the next quarterly invoice in March 2022. Of the remainder to be paid out, there are $44,876 in additional services that were required to remain in compliance with the tasks that were issued by TCEQ. These services include the replacement of air monitoring equipment, shelter upgrades, communications equipment upgrades and associated man hours for the installation, maintenance and calibration of this new equipment. There is $281 ,250.00 is available from the 2020 grant acceptance to reconcile these tasks. TAMUCC has submitted tasks to complete in 2022-2023 and they are listed below: Title Finish Task Cost Task 1 Continue Ambient Air Monitoring, Create conceptual Dec 2023 $246,235 ozone model, Update Airshed Ozone Action Plan Task 2 Add new air monitoring site at Violet site July 2022 $24,500 Task 3 NO,nonpoint and point source emission inventory via Dec 2023 $12,464 stable isotope techniques Indirect TAMUCC Administration $92,696 Cost Total $375,895 Cost i I Staff will budget $200,197 for FY22 and $175,697.50 for FY23 based on the tasks submitted. The original and the amended amounts of the original tasks plus the amounts of the new submitted tasks will bring the new contract amount to $571 ,271 . ALTERNATIVES: Discontinue air monitoring services and run the risk of the Corpus Christi Metro area falling into Ozone Nonattainment status. However, this could potentially cause Corpus Christi to fail to meet the EPA ozone standards, causing the area to face economic losses between $600 million and $1.7 billion each year. Such costs include explicit costs for construction permits, pollution controls, vehicle inspections, educational programs, and losses of economic activity due to industrial and road construction delays, as well as lost industrial development opportunities. FINANCIAL IMPACT: The $245,074.22 will be budgeted in the Community Enrichment Grant Fund in FY 2022. The balance will be budgeted in FY23 through the annual budget process. Funding Detail: Fund: 1071 Community Enrichment Grants Organization/Activity: TCEQ 20-21 806069S Mission Element: 074 Environ & Regulatory Review Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this resolution authorizing an amendment to the interlocal cooperation agreement with Texas A&M Corpus Christi as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 Resolution Resolution authorizing an amendment to the Interlocal Cooperation Agreement with Texas A & M University-Corpus Christi (TAMUCC) to budget from $150,499 in FY 2021 to $200,197 in FY 2022 and $175,697 in FY 2023 for air quality monitoring service and extending the period of performance to December 31, 2023, with funding available in the No. 1071 Community Enrichment Grant Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Interlocal Cooperation Agreement with Texas A&M University-Corpus Christi to increase the reimbursement from $150,499 in FY 2021 to $200,197 in FY 2022 and $175,697 in FY 2023 for air quality monitoring service and extending the period of performance to December 31 , 2023 ,with funding available in the No. 1071 Community Enrichment Grant Fund. A copy of the agreement is on file in the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECODB429\@BCL@ECODB429.docx City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECODB429\@BCL@ECODB429.docx DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, Texas A & M University - Corpus Christi ("TAMUCC") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract (the "Agreement"); WHEREAS, TAMUCC has been a partner in the City's air quality planning activities for the Coastal Bend Region through the TAMUCC's Pollution Prevention Partnership program; WHEREAS, The City desires to continue its partnership with TAMUCC in this effort; WHEREAS, the Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities includes identifying sources of emissions, the development of pollution prevention strategies for reducing emissions, other action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards; WHEREAS, the 86th Texas legislature at Article VI of the General Appropriation Act ("Rider 7") made funds available to the Texas Commission on Environmental Quality ("TCEQ") to conduct air quality planning activities in areas considered to be near non-attainment; WHEREAS, The City entered into a State Funded Grant Agreement ("Grant"), Contract No. 582-20-11981 with the TCEQ for air quality planning activities in areas considered to be near non-attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend Region; WHEREAS, an element of the City's proposal for the Grant was TAMUCC's proposed "Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities" as a continuation of the City's Regional Air Quality Program; WHEREAS, the grant provides funding for Corpus Christi Ozone Near Nonattainment Area Research and Planning Activities and other types of air DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 quality planning activities and projects that the City, in cooperation with its partners, will complete by December 31, 2021 (and possibly later if the Grant is extended based on authority received from the Texas Legislature to carry forward near non-attainment contract related monies from the 2015-2016 biennium into the 2016-2017 biennium) detailed in a Work Plan approved by the TCEQ, which is attached hereto as Exhibit A and incorporated by reference as if laid out here in its entirety; WHEREAS, TAMUCC has received a copy of TCEQ Contract No. 582-20-11981, including the Work Plan, and agrees that it can perform the work in accordance with the Work Plan; and WHEREAS, the technical support contemplated by this Agreement is of mutual interests and benefit to TAMUCC and City; it will further the status the instructional and research objectives of TAMUCC, in a manner consistent with its status as an agency of the State of Texas; and it will help the City accomplish objectives of its "Ozone Advance Intergovernmental Agreement" with the United States Environmental Protection Agency ("EAP") and TCEQ; NOW, THEREFORE, the parties hereto agree as follows; 1. GRANT SUBCONTRACT. Both the City and TAMUCC acknowledge that this Agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract No. 582-20-11981) and that the terms and conditions of the Grant control the administration and execution of this contract. a. The TCEQ Grant No. 582-20-11981 is incorporated into this Agreement by reference and is available upon request. A copy of TCEQ Contract No. 582-20- 11981 has been provide to TAMUCC. b. In the event any provision of this Agreement conflicts with terms of the Grant, the terms of the Grant control the administration and execution of this Agreement. C. TAMUCC agrees to comply with all requirements imposed by TCEQ that are applicable to subcontractors. d. TAMUCC agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City defaulting upon the terms of the Grant. e. TAMUCC shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by TAMUCC under this Agreement. TAMUCC must perform the work in conformity with the standards and guidance documents provided by the TCEQ, the City and TCEQ may withhold reimbursement for costs of non-conforming work. DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 2. STATEMENT OF WORK. TAMUCC agrees to use its best efforts to execute the Work Plan document, as provided in Exhibit A, that describes down to the task level (Task 3) the projects in support of the State Implementation Plan (SIP) development process and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by December 31, 2021 as described in the Rider 7 Funding Request work Plan for a Corpus Christi Pollution Prevention Partnership and Educational Outreach Program, Attachment B to TCEQ Contract No. 582-20-11981 . 3. PRINCIPAL INVESTIGATORS. The program will be supervised by Dr. J. David Felix, of the Department of University Outreach. If, for any reason, Dr. Felix is unable to continue to serve as Principal Investigator, and a successor acceptable to both TAMUCC and the City is not available, the Agreement shall be terminated as provided in paragraph 7. 4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract through December 31, 2021 . 5. PRICE AND PAYMENT. As compensation for the performance of the Agreement, the City agrees to reimburse TAMUCC up to $150,499,58 for expenses authorized under the Grant. a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMUCC, if funding is not available from TCEQ through the Grant. Payments may not exceed $150,499.58 from the execution of this Agreement to December 31 , 2021. b. All contractual expenditures reimbursed with funds provided under this Agreement shall meet all procurement laws and regulations applicable to TAMUCC and the Uniform Grant Management Administration and the Uniform Grants Management Standards. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies. Note also that the Common Rule of OMB Circular A-102, as adopted in the UGMS, precludes the use of the cost plus a percentage of cost of contracting. C. Any payment made by either the City or TAMUCC for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of TAMUCC and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. d. TAMUCC shall forward any proposed sub-agreement providing for the performance of services under this Agreement to the City prior to execution of the sub-agreement. Neither the City's nor TCEQ's failure to question a sub- DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 agreement nor its subsequent withdrawal of any questions raised regarding sub- agreement shall in any way imply the City's or TCEQ's approval of the sub- agreement's purpose or method of procurement of the sub-agreement. Further, the terms of this provision do not in any way restrict the City's and TCEQ's rights under this Agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant of the sub-agreement. TAMUCC may require a bid bond to protect the local and state interests by assuring that the bidder will, upon acceptance, execute all required contractual documents within the time period specified. e. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Sharon Bailey Lewis P.O. Box 9277 Corpus Christi, TX 78469-9277 6. DELIVERABLES. The deliverables required under this Agreement are specified in Exhibit A, the Work Plan. 7. TERMINATION. Performance under this Agreement may be terminated by the City upon sixty days' written notice. Performance may be terminated by TAMUCC, if circumstances beyond its control preclude continuation of the Program. Upon termination, TAMUCC will be reimbursed for costs and non- cancelable commitments incurred in the performance of the program, that are reimbursable under the Grant. However, reimbursement may not exceed the total estimated cost specified in paragraph 5. 8. INSURANCE. The City understands that TAMUCC is a Texas governmental entity subject to certain liability limitations under the law. Accordingly, the City will accept a self-insurance letter from TAMUCC for the insurance requirements under this Agreement. Before performance by any subcontractors can begin under this Agreement, TAMUCC must deliver a certificate of insurance ("COI") for the subcontractors, as proof of the required insurance coverages, to the City. 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 the attached Exhibit B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. INTELLECTUAL PROPERTY. a. Royalties and patent fees. TAMUCC shall pay all license fees, royalties and assume all costs incident to the use or possession in performance of the Work or incorporation in Work of any Intellectual Property. DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID. OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 b. Disclosure of Intellectual Property Produced during the Work. TAMUCC shall promptly notify the City and TCEQ of all Intellectual Property that TAMUCC or TAMUCC's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others during the course of Work. In addition, TAMUCC shall promptly notify the City and TCEQ of all intellectual property which TAMUCC may acquire in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request TAMUCC shall supply additional information as the City and TCEQ may request. C. Failure to Protect Intellectual Property. If TAMUCC fails to protect any intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all intellectual property. d. Non-Interference with Intellectual Property Rights of City and TCEQ. TAMUCC agrees that its agents and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City or TCEQ, except in the course of performing the work, unless TAMUCC has independent intellectual property rights to the intellectual property. e. Grant license. With respect to any intellectual property as is (i) incorporated in the work (other than intellectual property for which the City and TCEQ already possess equal or greater intellectual property right by virtue of this Agreement or otherwise) or (ii) produced by TAMUCC or TAMUCC's employees, subcontractors, or subcontractor's employees during the course of performing the work, TAMUCC hereby grants to the City and TCEQ (i) a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, or otherwise use the intellectual property and associated use documentation, and (ii) a nonexclusive, perpetual irrevocable enterprise-wide license to authorize others to reproduce, publish, or otherwise use Intellectual property for the City's and TCEQ's purposes. f. Modification; Derivative Works. The City and TCEQ shall have the right at their own discretion, to independently modify any intellectual property to which license is granted for the City and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property right to the modifications. TAMUCC shall not incorporate any modifications into its intellectual property for distribution to third parties unless it first obtains a license from the City or TCEQ. g. Compliance with Applicable Laws and Regulations, TAMUCC shall comply with all laws and regulations relating to intellectual property. h. Warranties relating to Intellectual Property Rights. TAMUCC represents and warrants to the City and TCEQ that TAMUCC will not infringe any intellectual DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 property right of any third party. TAMUCC further represents and warrants to the City and TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. TAMUCC warrants that it has full title in and ownership of intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted in this Agreement, and that the licensed used by the City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. The TAMUCC warrants that it shall have, throughout any applicable license term under this Agreement, free and clear title to, or the right to possess, use, sell, transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by TAMUCC. Except as permitted in this Agreement and the Grant, TAMUCC shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ, without prior written consent of the City and TCEQ. TAMUCC represents and warrants to the City and TCEQ, that neither it nor any other company or individual performing work is under any obligation to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ, or reserved by the City and TCEQ, under this Agreement and the Grant. 9. RELEASE OF INFORMATION. TAMUCC shall acknowledge the City and TCEQ, the TAMUCC investigator, the nature of the program, and the dollar value of the Agreement in TAMUCC records and reports. Any reports and other documents completed as part of this Agreement, other than documents prepared exclusively for internal organizational use by TAMUCC, shall carry the following notation on the front cover or title page. "PREPARED IN COOPERATION WITH TEXAS COMMISSION IN ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI" 10. TITLE TO EQUIPMENT. Subject to the obligations and conditions set forth in this Agreement and the Grant, title to all equipment acquired under this Agreement shall vest, upon acquisition or construction, in TAMUCC. a. TAMUCC agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this Agreement. b. TAMUCC may develop and use its own property management system which must conform to all applicable State and Local laws, rules and regulations. If an adequate system for accounting for personal property owned by TAMUCC or its subcontractors is not in place or currently in use, TAMUCC shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide (#96-418) and the State Property Class Code List. DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 TAMUCC agrees to use these as guides for establishing a property management system. C. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who hold title, the acquisition date, and the cost of the property, percentage of federal participation in the cost of property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. d. A physical inventory of all equipment acquired or replaced with funds provided under this Agreement having an initial purchase price of One Thousand Dollars ($1,000) or more, shall be conducted no less frequently than once every two years and the results of the inventories reconciles with the appropriate property records. Property control procedures utilized by TAMUCC shall include adequate safeguards to prevent loss, damage, or theft of acquired property. Any loss, damage or theft shall be investigated. TAMUCC agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event the equipment is sold. e. Use of Equipment Acquired with Funds Provided Under this Agreement. 1) Equipment shall be used by TAMUCC or its subcontractors in the program or project for which it was acquired as long as needed, whether or not the project program continues to be supported by state funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal or state agency. 2) TAMUCC or its subcontractors shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government, providing the use will not interfere with the work on the projects or program for which it was originally acquired. First preferences for other use shall be given to other programs or projects supported by the awarding agency. 3) When acquiring replacement equipment, TAMUCC or its subcontractors may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. f. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When the original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as follows: DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 1) Equipment with a current per-unit fair market value of less than $1000 may be retained, sold or otherwise disposed of with no further obligation to the TCEQ. Methods used to determine per-unit fair market value must be documented, kept on the file and made available to the TCEQ upon request. 2) Equipment with a current per-unit fair market value of $1,000 or more must be disposed of as follows: a) Prior to the termination date of this Agreement, TAMUCC and its subcontractors must notify the TCEQ. TCEQ may require TAMUCC or subcontractors to transfer title and possession to the equipment to the TCEQ or a third party named by the TCEQ or may alternatively authorize disposition by sale, transfer or in another manner. b) If, within six years of the initiation date of the Agreement, equipment is sold or transferred, TAMUCC must remit to TCEQ a share of the proceeds from the sale, provided the fair market, per-unit value of the property at the time of the sale is in excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase in question. 11. NOTICES. All notices to the parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMUCC Texas A&M University - Corpus Christi 6300 Ocean Drive, NRC #2200 Corpus Christi, TX 78412 Attn: J. David Felix Ph.D. Telephone: (361) 825-4180 City of Corpus Christi City of Corpus Christi Attn: Sharon Bailey Lewis P.O. Box 9277 Corpus Christi, TX 78469 Telephone: (361) 826-4066 Fax: (361) 826-3200 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 12. Export Administration. a. It is understood that TAMUCC is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations under this Agreement are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b. Both TAMUCC and City hereby agree and warrant that the program and development contemplated under this Agreement, and any exchange of technical data, computer software or other commodities resulting from this Agreement, shall be conducted in full compliance with the export control laws of the United States. 13. LIABILITY. IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST TAMUCC, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF TAMUCC PERSONNEL UNDER THIS AGREEMENT, AND TAMUCC AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO UNDERSTOOD THAT TAMUCC SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY OR ITS EMPLOYEES, AND CITY AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD TAMUCC HARMLESS FROM ANY AND ALL CLAIMS. 14. INDEPENDENT CONTRACTOR. For the purpose of the Agreement and all services to be provided under this Agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of my kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this Agreement or authorized in writing. 15. AMENDMENTS AUTHORIZED. a. The representatives who were authorized to sign this Agreement are authorized to execute minor amendments to this Agreement, such as changes in deadlines and minor changes in the scope of work. b. Any amendments to this Agreement resulting from amendments to the Grant that increases the scope of work under this Agreement due to TCEQ's award of additional funding to the City as a result of the work plan prepared by TAMUCC under this Agreement must be authorized by the City Council and the funds appropriated before an amendment to this Agreement is executed. DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 C. Any amendments to this Agreement increasing or decreasing the amount the City is obligated to pay TAMUCC by more than $25,000 must be authorized by the City Council before an amendment to this Agreement is executed. 16. SEVERABILITY. If any of the provisions of the Agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the Agreement and the application of the provisions to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent allowed by applicable law. The City and TAMUCC agree that this Agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 17. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree the TCEQ may intervene in the proceedings as an interested party. C. The Director of Procurement and Disbursements, TAMUCC, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMUCC. 18. VENUE. TAMUCC acknowledges and agrees that because this Agreement has been executed, and will be administered in Nueces County, Texas, the Agreement is to be performed in Nueces County. TAMUCC acknowledges an agrees that any permissible cause of action involving this Agreement will arise solely in Nueces County. If a legal action relating to this claim is permissible and there are two or more counties or proper venue under the rules of mandatory, general, or permissive venue and one of the counties is Nueces County, TAMUCC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 19. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 20. AUTHORIZATION OF GOVERNING BODIES. The individuals executing this Agreement certify that this interlocal agreement has been authorized by the DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 DocuSign Envelope ID:OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 Governing Body for their entity, as required by Section 791, Texas Government Code. 21. NO WAIVER OF IMMUNITY. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Texas A&M University - Corpus Christi DSigned by: ocu V'a R64 ra$ ough May Director of Sponsored Research 9/8/2020 Date: Res.032230 Authorized By Council 09/29/2020 CITY OF CORPUS CHRISTI VD.ocuS.igned by: DS Kim Baker Director of Contracts and Procurement Date: 9/30/2020 ATTEST: DocuSigned by: Fp- H 9/30/2020 Bz��rs ... Rebecca Huerta Date City Secretary APPROVED AS TO LEGAL FORM: DocuSigned by: Ea lmuu 9(wV'—W 9/8/2020 Assistant City Attorney Date DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 + `� TERAS A&M UNWERSrrY CC]m CHRISTI Corpus Christi Air Monitoring and Ozone Status (2020-2021) Project Coordinator J. David Felix Assistant Professor of Environmental Chemistry Center for Water Supply Studies Department of Physical and Environmental Sciences Texas A&M University—Corpus Christi 6300 Ocean Drive, Corpus Christi, TX 78412 Project Overview: The Texas Commission on Environmental Quality (TCEQ)is supporting air quality monitoring by the Performing Parry,the City of Corpus Christi, as part of Rider 7 State and Local Air Quality Planning Program. The project tasks include assessing the current condition of instrumentation at four air quality monitoring sites,monitoring air quality components and generating a conceptual ozone model. Dr.J. David Felix(TAMU-CC)and his research group will be collaborating with the City of Corpus Christi to accomplish these tasks and submit air monitoring data to TCEQ.The work plan is presented below as three primary tasks: Title Start Finish Task 1 Assess current condition of air monitoring instrumentation Sept 2020 Oct 2020 Task 2 Monitor ambient air quality Sept 2020 Dec 2021 Task 3 1 Create conceptual ozone model Dec 2020 Dec 2021 Task 1: Assess condition of current air monitoring instrumentation The four proposed air monitoring sites (Figure 1) are not currently operating and the status of the instrumentation (Table 1)is unknown. Dr. Felix has been in communication with sales representatives and technicians at the associated instrument companies and has discussed troubleshooting and restart procedures for idle instrumentation. Depending on the condition of the instrumentation,replacement parts and/or new instrumentation will be ordered. Dr. Felix has received quotes from respective companies (Table 2). Total Cost for Task 1: $85,037.58 (*This cost is based on all instrumentation being replaced so this cost is extremely variable depending on instrumentation condition.) Task 1 Deliverables Date APP preparafion and submission Aug/Sept 2020 Assessment of current condition of instrumentation sites Aug/Sept 2020 Order replacement parts and/or replacement instrumentation Aug/Sept 2020 Install new arts/instrumentation Sept/Oct 2020 1 August 2020 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 97'30'0"W 97°2470 97'10'0'^W r' 28e�'�'rN 28*0'0"N 27'55'0'"N 27°55'0"N 4 r: CAMS0659 C+0021 27°50'0"N 27°50'0"N CAMS1024 CAMSQd9S CAMS0155 27°45'0"N 11 27°45'0"N CAMS0664 CAMS0660 27'40'0"N 127'40'0"N 1 4 8 16 24 32 27°35'0"N 27'35'0"N 97'30'0"W 97'20'0"W 97'10'0"W Figure 1.Air monitoring sites to be maintained in the Corpus Christi urban airshed as part of this project(green circles), current operational ozone sites (yellow circles) and current operational VOC site (blue circle). Table 1.Air monitoring sites and equipment to be checked/operated. Location Instrumentation Instrumentation status Holly Road site Teledyne API 400E ozone analyzer,F460 wind sensors,Coastal Unknown (CAMS 660) environmental Atmospheric Temperature/Relative Humidity(AT/RH) sensor,Zeno 3200 datalogger,and Enfora wireless modem. Aransas Pass site Teledyne API 400E ozone analyzer,RM young wind sensors,Coastal Unknown (CAMS 659) environmental Atmospheric Temperature/Relative Humidity(AT/RH) sensor,Zeno 3200 datalogger,and Enfora wireless modem. Violet site Teledyne API 400E ozone analyzer,RM young wind sensors,Coastal Unknown (CAMS 664) environmental Atmospheric Temperature/Relative Humidity(AT/RH) sensor,Zeno 3200 datalogger,and Enfora wireless modem. Odem site Teledyne API 400E ozone analyzer,F460 wind sensors,Coastal Unknown (CAMS 686) environmental Atmospheric Temperature/Relative Humidity(AT/RH) sensor,Zeno 3200 datalogger,and Enfora wireless modem. Table 2. Costs for potential air monitoring instrumentation replacements. Quantity Com an Instrument Measurement/Purpose Price 1 Teledyne Model N500 CAPS True NO,measurements $15,506.20 NO2/NOx/NO Analyzer 1 Teledyne Model T400 UV Absorption 03 Ozone measurements $9,206.20 Analyzer 1 Teledyne Model T701 Zero Air System Produces clean air for calibration $7,354.50 1 Teledyne Model T70OU Dynamic Dilution Calibrate all NO,and 03 $20,764.00 Calibrator monitors 1 Campbell Sci HygroVUE5-10-PT Relative Humidity and $315.44 Temperature measurement 1 Campbell Sci I RAD06 Shield for hygrovue5 sensor $120.00 2 August 2020 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 1 Campbell Sci HYGROVUEI0-10-PT Relative Humidity and $402.40 Temperature measurement 1 Campbell Sci RAD10E Shield for hygrovue10 sensor $172.80 1 Campbell Sci HMP155A-L10-PT Relative Humidity and $751.90 Temperature measurement 1 Campbell Sci RAD14 Shield for hmp 155A sensor $206.40 1 Campbell Sci 03002-LIO-PT Wind Sentry Set Wind speed and direction $677.98 measurement 1 Campbell Sci CM220 Mounting kit for 03002 or 05108 $33.60 1 Campbell Sci 05108-L 10-PT Wind Monitor- Relative Humidity and $1,347.10 HD Temperature measurement 1 Campbell Sci WINDSONIC I-L I O-PT 2-D Relative Humidity and $1,135.50 Sonic Wind Sensor Temperature measurement 1 Campbell Sci 34244 MetSENS-Series or Mounting kit for WINDSONICI- $64.32 Windsonic-Series Mountie L10-PT Task 2: Ambient Air Monitoring There are currently only two stations in the Corpus Christi airshed monitoring ozone levels (CAMS004, 0021). At these sites, recent daily data from June 2020 (Figure 2) indicates the airshed is in attainment according to the 8-hour ozone standard(70 ppb) set by the EPA but daily maximums did exceed this limit. While planned industrial and port growth in the region will be beneficial to the regional economy, it will inevitably increase ozone precursors. Therefore, it is vital to determine current ozone dynamics while Corpus Christi is within attainment to understand how increasing precursors may jeopardize this attainment status. This project will monitor ambient ozone concentrations at four additional air monitoring sites (CAMS659, 660, 664, 686). Relative humidity, temperature, and wind speed/direction will also be measured at each site and NOX concentrations will be measured at one site (CAMS660). NOX and VOCs are primary ozone precursors but the relationship between these precursors and ozone formation is not linear(Figure 3). Despite these direct impacts on ozone formation, the Corpus Christi airshed does not currently have a NOX monitoring station while it has five centrally located VOC monitoring stations (1 AutoGC, 1 TNMOC, 4 canister) (Figure 2). Depending on atmospheric conditions, ozone formation can be almost exclusively controlled by NOX and mostly independent of VOCs. However, there are also conditions where ozone formation can increase with VOC concentrations while not increasing or even decreasing with increasing NO, Due to this nonlinear chemistry between precursors and product, determining whether ozone formation in an air shed is "NOX or VOC sensitive"has proven difficult. Preliminary passive ambient NO2 measurements conducted by the Dr. Felix's group have suggested the Corpus Christi airshed is NOX sensitive but continuous NOX monitoring is necessary to determine if the airshed is in a"NOX or VOC sensitive"regime. The NOX data provided by this project along with currently available VOC data will help determine if stakeholders should focus resources on future NOX or VOC controls to mitigate ozone increases. Dr. Felix's group in collaboration with the City of Corpus Christi will maintain the monitoring sites and compile ozone, ozone precursor, and atmospheric condition data sets which will support the conceptual ozone model produced in Task 3. Total Cost for Task 2: $15,000 (gas calibrants, maintenance,parts) 3 August 2020 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 CAMSt7D4 max 81:1 CAMS004 awe -PAS hour ozone +CAMS0021 max 1 standar - •-G4MIS0{}21 ave r �- .- M t � y _ 40 V r Yi, 1 4 30 ry b 'Yln 5 F• r5 , i � ,� r �t w 20Ar Y 0 0 0 5 10 15 20 25 30 Day of Month June 2020 Figure 2. Current daily average and maximum ozone levels at operational Corpus Christi monitoring sites. Note daily maximums exceed the 8-hour EPA standard. Task 2 Deliverables Date Instrument maintenance and calibration Sept 2020 to Dec 2021 Quarterly data reports Quarterly by the 301n of Dec Mar June & Sept Final data report Dec 2021 Task 3: Create Conceptual Ozone Model Dr. Felix's research group will report atmospheric conditions and chemical precursor concentrations associated with high or standard exceeding ozone measurements in the Corpus Christi airshed. Atmospheric conditions (i.e. wind direction, wind speed, relative humidity, temperature)will be obtained directly at each site while precursor data(i.e. NOX and VOC)will be obtained from the nearest monitoring site. The conceptual ozone model will be developed through the following investigations and analyses: • Evaluate wind speeds, wind directions,relative humidity and temperature associated with background and high ozone events to determine the local conditions and sources associated with high/low ozone levels • Determine diurnal and seasonal trends associated with background and high ozone levels • Develop 24-hour air mass back trajectories using NOAA HYSPLIT software to 4 August 2020 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 determine source regions likely to affect local area ozone. • Perform weekday vs. weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity • Address additional relevant questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment ofAir Quality goals for Ozone, PM2.5, and Regional Haze. • Investigate ozone and precursor trends and determine the annual frequency of high ozone days • Create ozone isopleth (Figure 3)by plotting ozone concentrations vs. available NO,, (CAMS0660) and VOC (CAMS 1024) concentration data in order to determine NO,vs. VOC limited scenarios in the Corpus Christi airshed Total Cost of Task 3: $50,462 (This is the Felix Group budget and is inherent in all tasks) Total Cost All Tasks: $150,499.58 o.28 a i (ppm)=0.08 0.16 0.24 0.34 0.40 Voc _ 8 0-24 NO 0.20 0.30 .1 10.2a 0.2$ 0,32 0'6 a 0,16 Voc LIMITED 75 0.12 0.08 NOx 0.04 LIMITED-- 1 p 0 0.2 0.4 0.6 0.8 1.0 112 1.4 1.6 1.8 2.0 VOC(ppmc) Figure 3. General isopleth depicting the relationship between ozone concentrations and its precursors, VOC and NO,,. Isopleths can be used to determine if an airshed is VOC or NO,,limited in relation to potential for increased ozone levels (NRC 1991). Task 3 Deliverables Date Quarterly by the 30th of Preliminary conceptual model updates with quarterly reports December,March,June, & September Final conceptual model with final report December 2021 5 August 2020 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 Preliminary Felix Group Budget Budget Category Cost Sal /Wages $22,198 Principal Investigator(176 hours $44.31)and Graduate Assistant(1068 hours $13.26) Fringe Benefits $7,146 Travel $6,000 Supplies $2,000 Equipment Contractual Construction Other(Tuition) $9,384 Indirect Costs(10%) $3,734 Total $50,462 Budget Justification 1. Salaries,Wages and Fringe Benefits for Personnel One month of salary based on 8.33% annual effort for Dr. Felix is requested ($7,798). Dr. Felix will provide logistical support for all instrumentation assessment and air monitoring. He will also train and supervise graduate students and prepare quarterly and final reports. Graduate Research Assistant(GRA) ($14,400) support is required to cover salary for one MS student during 12 months of the project. The student will be involved in collecting,processing, and analyzing the data under the supervision of the Dr. Felix. Fringe benefits are calculated at the TAMU-CC rates of 18.2%for faculty (the PIs) and 10.7% for students (GRA and USR). Insurance benefits are calculated at the Texas A&M System rate of$746 per month for faculty (PI) and $412 per month for students (GRA). Total Salaries and Wages: $22,198 Total Fringe Benefits: $7,146 2. Domestic Travel Monitoring site and training travel ($6000): Travel funds are requested for Dr. Felix and the GRA to visit the monitoring sites for regular calibration and maintenance needs. The instrument company Teledyne offers training courses on their NOX and ozone analyzers. Travel funds are requested for the GRA to attend these training sessions to become an expert in instrumentation troubleshooting. This would ultimately save money on in-field tech support or instrument refurbishment and supply valuable training for a graduate student who will be seeking future employment in the air quality field. 3. Supplies ($2,000): Data backup and IT support. 4. Other: Graduate Student Tuition ($9,384): Funds are requested to cover tuition and fees for the GRA for two of the three semesters covering the duration of the project. 5. Indirect Costs (10%) ($3,734) Total: $50,462 6 August 2020 DocuSign Envelope ID:CE30DBC3-0893-433F-A6F3-34C89C67BOE9 Reference: National Research Council. Rethinking the Ozone Problem in Urban and Regional Air Pollution. National Academy Press, Washington, D.C., 1991. 7 August 2020 AMENDMENT NO. 1 TO THE TEXAS A& M UNIVERSITY-CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI This amends the Interlocal Cooperation Agreement between the CITY OF CORPUS CHRISTI (City) and the TEXAS A&M UNIVERSITY—CORPUS CHRISTI (TAMU-CC), authorized by the Corpus Christi City Council by Resolution No.032230 on September 29, 2020 ("the Agreement"), incorporated by reference and attached. WHEREAS, the parties desire to amend the Agreement under authority of Section 15,which provides that the representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in budget and scope of work; NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. AMENDMENT TO SECTION 4. Section 4 of the Agreement is amended as follows: 4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract through December 31, 2023. 2. AMENDMENT TO SECTION 5. Section 5 of the Agreement is amended as follows: 5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse TAMUCC up to$571,227.30 for expenses authorized under the Grant. a. This agreement is funded exclusively from funds made available to the City by the Grant.The City's obligation is limited by the provisions of the Grant.The City is not liable to make payment to TAMUCC, if funding is not available from TCEQ through the Grant. Payments may not to $571,227.30 for expenses authorized under the Grant. 3. MAXIMUM AUTHORIZED REIMBURSEMENT. The City agrees to increase the Maximum Authorized Reimbursement shown on the Contract Signature Page by an additional $420,727.72.The original Maximum Authorized Reimbursement, the amount of the increase, and the amended Maximum Authorized Reimbursement are as follows: Original Maximum Authorized Reimbursement $150,499.58 Amendment#1 $420,727.72 Revised Maximum Authorized Reimbursement $571,227.30 3. All other terms and conditions of the Agreement remain unchanged. 4. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Page 1 of 2 TEXAS A&M UNIVERISTY—CORPUS CHRISTI BY: Gina Concannon, CRA, Interim Director Office of Sponsored Research Administration CITY OF CORPUS CHRISTI By:_ Peter Zanoni City Manager ATTEST By:_ Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney Page 2 of 2 so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 15, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation Department DanteGCa)-cctexas.com (361) 826-3133 Amendment to West Haven Park Interlocal Agreement CAPTION: Motion authorizing an amendment to the interlocal agreement with Nueces County for improvements to West Haven Park to reflect the greater financial contribution from Nueces County as a result of the actual bid prices. SUMMARY: This motion authorizes amendment of the language in the West Haven Park Interlocal Agreement to reflect the update in total costs from $375,000 to $489,553 with Nueces County providing $279,553 for construction and $35,000 for engineering costs and the City being responsible for any remaining project costs not to exceed $175,000. BACKGROUND AND FINDINGS: On October 26, 2021, City Council approved the Interlocal Agreement with Nueces County for park improvements including a splash pad feature at West Haven Park. The agreement stated that the construction costs would not exceed $375,000 with the County providing $200,000 and the city providing $175,000 for construction. The city would also be responsible for installing necessary utilities to the splashpad which would come at an approximate cost of$75,000. As previously agreed, Nueces County would be responsible for contracting and overseeing construction of the splash pad at West Haven Park. However, upon pursuance of project bids, Nueces County received 2 bids which surpassed the projected cost included in the interlocal agreement. The bids were $454,533 from International Consulting Engineers and $574,276.18 from DMB Construction. The bid accepted by Nueces County for construction was $454,553 from International Consulting Engineers. Since the bid acceptance by the County exceeds the initial construction budget established in the October 2021 approved agreement, this amendment will revise the agreement language to reflect the Nueces County accepted amount. The revised language states that the County will provide $279,553 for construction and $35,000 for engineering costs with the City providing for any remaining project costs not to exceed $175,000. ALTERNATIVES: The alternative would be to deny the amendment which would prevent installation of the proposed splash pad for West Haven Park. FISCAL IMPACT: There is no fiscal impact associated with this item as the City is not providing any additional funding from the original agreement. FUNDING DETAIL: No Additional funds are necessary. Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this resolution authorizing amendment of the Interlocal Agreement with Nueces County for park improvements at West Haven Park. LIST OF SUPPORTING DOCUMENTS: Amendment Presentation AMENDMENT NO.1 INTERLOCAL AGREEMENT REGARDING WEST HAVEN PARK AGREEMENT BETWEEN NUECES COUNTY AND CITY OF CORPUS CHRISTI WHEREAS, the County of Nueces, a political subdivision of the State of Texas, herein referred to as "County" and the City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein referred to as "City", on December 15, 2021, entered into an Interlocal Cooperation Agreement, herein referred to as "Agreement" under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WHEREAS, Agreement was entered into by the County and the City for the purpose of making improvements to property owned by the City located at 1700 Cliff Maus, Corpus Christi, Texas 78416 and known as West Haven Park. WHEREAS, the Agreement will provide Nueces County residents additional recreational facilities for their use and promote the premises' 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 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 cost of the improvements was originally projected not to exceed $375,000, with the City responsible for costs not to exceed $175,000 and the County responsible for providing $200,000 for costs of the improvements. WHEREAS, the County has learned that the actual costs of the improvements will be $489,553. WHEREAS, the parties now wish to amend the Agreement to reflect the actual costs of the improvements and the portion of the costs to be contributed by each of the parties. NOW THEREFORE, County and City in consideration of the mutual agreements contained in the original contract do hereby mutually agree: I. To strike the third paragraph in Provision No. 4 on page 2 of the Original Agreement describing cost of the improvements and the portion of the costs that each party will contribute and replace it with the following: Funding for the construction and engineering costs in an amount not to exceed$489,553 will be provided.- a. rovided:a. County will provide $279,553 b. County will also provide an additional amount of$35,000 for engineering costs; c. City shall be responsible for any remaining project costs not to exceed$175,000 2. All other provisions of original Agreement shall remain the same. This amendment does not provide for any changes/ amendments to the improvements specified in the Agreement or any other provisions of the parties agreement already in effect. IN WITNESS WHEREOF, County and City executed these presents in triplicate. NUECES COUNTY CITY OF CORPUS CHRISTI BY: BY: Barbara Canales Nueces County Judge DATE: DATE: ATTEST: ATTEST: BY: By: Kara Sands Rebecca Huerta County Clerk City Secretary Approved As To Form: Approved As to Form: By: By: Jenny P. Dorsey Aimee Alcorn-Reed County Attorney Assistant City Attorney SS\ FOR ACCAP Cs% V ' CORPUS r, ACCREDIrEU CHRISTI 's = PAM �hA RECRFAt�P West Haven Park Interlocal Agreement Amendment City Council February 8, 2022 Interlocal Agreement 60) Amendment PAR GGRPUS CHRISTI wE wElnrcJiory • After solicitation of bids, Nueces County received 2 bids for Construction: ■ International Construction Engineering - $454,533.00 ■ DMB Construction - $574,276.18 • Bid was awarded to International Construction engineering • No changes to City contribution; — $175,000 for construction — $75,000 for utilities • Nueces County will now provide $279,553 Interlocal Agreement 60) Amendment PAR GGRPUS CHRISTI wE wElnrcJiory Agreement: • 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 3 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. • 2022 — Requesting an amendment to reflect the increased construction cost and higher than anticipated Bids. Splash Pad p CORPUS CHRISTI PARK56 1 I 6 Rendering GORPUS CHRISTI PARK56 - R� � Q u: O V 1 Q' a corvc��u«oe?«w 10 7 Recommendation CHRISTI �M��v PARK56 Staff recommends amending the language to the agreement to reflect the update in pricing . SC w o F U AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting February 15, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Brett Oetting, President & CEO of Visit Corpus Christi Boettinq(a�visitcorpuschristitx.orq (361) 881-1877 THROUGH: Heather Hurlbert, CPA, CGFO Director of Finance & Procurement heath erh3(a)cctexas.com 361-826-3227 Second Amended and Restated Management Service Agreement with the Corpus Christi Area Convention & Visitors Bureau (VCC) and approve VCC amended bylaws. CAPTION: Motion authorizing the Second Amended and Restated Management Services Agreement between the Corpus Christi Area Convention and Visitors' Bureau ("VCC") and the City of Corpus Christi and approving VCC's amended bylaws. SUMMARY: The purpose of this item is to authorize the second amendment to the restated Management Service Agreement last amended June 15, 2021 and approve amended bylaws as approved by the Corpus Christi Convention and Visitors Bureau (CCCVB) Board of Directors on January 27, 2022. BACKGROUND AND FINDINGS: The City and the VCC most recently entered into an amended and restated management services agreement on June 15, 2021, and the parties now wish to amend the agreement to better meet the needs of both entities through the amended and restated agreement. The Corpus Christi Convention and Visitors Bureau (CCCVB) Board of Directors approved these changes on January 27, 2022. Management Services Agreement: Below is a summary of the proposed changes. Remove 4.1.B. Performance Measures. Remove 4.1.B which states that performance of the CCCVB under the agreement is based on Hotel Occupancy Tax (HOT) earned for a particular fiscal year if the amount of the City's 7% portion of the HOT earned and received by City for that fiscal year meets or exceeds the minimum threshold of$10,000,000, subject to adjustment each year. Revise 4.1.C. Performance Measures. Change the date the performance measures and any adjustment to the minimum HOT threshold from July 31 sl to September 30th. The revised section will read: "The CCCVB will propose the annual set of performance measures by September 30 of each year. The City Manager, or designee must approve the final set of performance measures and any adjustment to the minimum HOT threshold, with such approval expected to occur prior to September 30 of each year." Revise 5.1. Business Plan. Revise the dates that the Business Plan is due to the City Manager from July 31 sl to September 30th. Delete the sentence that states that, "The Business Plan must include annual performance measures that are approved by the City and be in substantially the format attached hereto as Exhibit B." The revised section will read: "By September 30 of each year the CCCVB shall provide City Manager with a Business Plan that outlines the overall goals and objectives of the CCCVB. The Plan must be in a similar format to prior years and describe the plan of action for the upcoming year, including strategic segments; a line- item budget; performance metrics and significant initiatives. Opportunities to promote City-funded venues must be specifically identified and included in the Business Plan. Other information necessary to describe the CCCVB's efforts must be included, as well." Revise 5.4. Annual Written Report. Change the date that the Annual Report is due to the City from 60 days to 120 days after year end. The revised section will read: "The CCCVB shall provide a written report annually on the outcomes of the performance measures for the previous year. The Annual Report is due within 120 days after the end of each fiscal year while this Agreement is in effect." Revise 10.1. Board of Directors. Change the number of board of directors from 27 to 17. The revised section will read: "The affairs of the CCCVB shall be governed by a board of directors ("Board"), which must be composed of 17 voting members, with 13 selected directly by the City Council of the City. Those members must be representatives of the following groups." Revise 10.2. Board of Directors. Remove the words "a representative from" prior to "Regional Transportation Authority." The revised section will read: "The City Council will appoint a representative from the Port of Corpus Christi Authority and the Regional Transportation Authority to serve as ex-officio advisory non-voting members. The CCCVB may appoint additional ex-officio advisory, non- voting persons to assist its board of directors in fulfilling its obligations." Revise 10.5. Board of Directors. Add the words, "as an alternate" to explain why an additional individual is being nominated. The revised section will read: "The CCCVB will make recommendations to the City Council for lodging, attraction and restaurant industry and community at-large directors as directors' terms expire but the CCCVB always shall nominate one more individual as an alternate per category than the total number of positions available. Appointments will be made by City Council from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committees and Board." Revise 10.8. Board of Directors: Add the following two paragraphs to Section 10.8: "The Board of Directors will operate under bylaws which must be consistent with the terms of this Agreement. The current bylaws are attached hereto as Exhibit B. Any changes to the bylaws must be presented to the City Manager for approval at least two weeks prior to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not consistent with this Agreement prior to the Board meeting for approval of the changes. The changes to the bylaws will be effective upon approval of the Board of Directors and City Council. The Board of Directors may approve rules of procedure to govern the conduct of its meetings, which will not require City Council approval. The CCCVB agrees to have one annual meeting per year open to the public, which will include a presentation of the CCCVB's annual report on its activities and performance." Remove 10.8 Board of Directors: Remove this paragraph from Section 10.8 in its entirety. "The CCCVB agrees that meetings of its board of directors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary for the purpose of discussing agenda items that may be discussed in closed session in accordance with the Texas Open Meetings Act or proprietary information that typically would not be public under the Texas Public Information Act. A copy of the agenda for each meeting of the Board shall be provided to the City Secretary at least 72 hours prior to the meeting. Description of the agenda items shall be sufficient to provide advance notice of the items to be considered. The agenda shall not be amended after it is provided to the City Secretary unless an amended agenda is timely provided to the City Secretary for posting at least 72 hours prior to the meeting." By-Laws: Below is a summary of the proposed changes. Revise Article, Section 2. Mission: Replace the word "mission" with "role" in the first sentence and add a second sentence to describe what the Board's mission is. The revised section will read: "The role of the CCCVB is to positively impact the city's economy by marketing the city as a travel destination. The board approved mission is to create a better community by sharing Corpus Christi with the world." Revise Article II —Section 1. Change the composition of the Board of Directors from 24 to 17 members. Add the words "four (4)" to indicate how many people, remove "or entities", and add "voting" to define the members in the following sentence: "The following four (4) persons, or their designees or representatives, shall serve as additional voting members of the Board by virtue of position held:" Remove"President and CEO of Whataburger Field" and replace with "General Manager of Corpus Christi Hooks" Revise Article II-Section 10.4 Director Terms Remove this section in its entirety: "The Board may make recommendations to the City Council for directors in the lodging, restaurant, attractions and at-large categories as director's terms expire, but the Board always shall nominate one more individual than the number of positions available in each category. The City Council will provide serious consideration to the Board's recommendations but is not restricted to select members submitted by the Board or any other group." And replace with: "The CCCVB will make recommendations to the City Council for lodging, attraction and restaurant industry and community at-large directors as directors' terms expire but the CCCVB always shall nominate one more individual as an alternate per category than the total number of positions available. Appointments will be made by City Council from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committees and Board." Revise Article II-Section 10.4 Director Terms Subsection 1 Remove "shall" and replace with "must" and add "for lodging, attraction, restaurant industry and community at-large directors" to the first sentence to read: "Unexcused absences from more than twenty-five percent (3 meetings) of regularly scheduled meetings during a term year shall result in an automatic vacancy, which vacancy for lodging, attraction, restaurant industry and community at-large directors must be promptly reported to the City Council." Revise Article II-Section 10.4 Director Terms Subsection 5 Remove "or at a management level" after officer in the first sentence to read: "Each Director elected to represent the lodging industry, the restaurant industry, or area attractions must be an owner, operator, or officer in his or her organization at the time of his or her nomination and throughout his or her term as a Director." Revise Article IV-Section 3 Remove "Nominations" and replace with "Board Development" in the section title, first sentence and second sentence. Add "identifying and " to the first sentence to read: "The Chairman shall appoint a Board Development Committee of five (5) Directors for the purpose of identifying and nominating candidates for the Board of Directors for those positions whose terms are expiring at the end of each fiscal year." Replace "Vice Chair" with "Past Chair" in the second sentence. Revise Article IV-Section 4 Remove "two to four members" and replace with "three" in the first sentence. Add "investment strategy " to the second sentence to read: "The purpose of the Finance Committee shall be to oversee the finances of the CCCVB, monitor and make recommendations concerning financial policies and procedures, investment strategy, examine audit reports, review and support the development of the annual budget and handle such other matters as may from time to time be assigned." Revise Article IV-Section 5 Add "and Contracts" to the title and each sentence after "Bylaws". Add " as well as the city contract with the City of Corpus Christi to ensure consistency between the two documents" to the second sentence to read: "The purpose of the Bylaws and Contracts Committee shall be to oversee the bylaws of the CCCVB as well as the city contract with the City of Corpus Christi to ensure consistency between the two documents." Add "and/or city contract" to the third sentence to read: "The Bylaws and Contracts Committee may make recommended changes of the bylaws and/or city contract and present to the board in according to city contract processes." Remove the follow sentence: "The committee also reviews the city contract to ensure consistency between the two documents." Revise Article V-Section 3 Remove "telephone conference" and add "e conference phone or similar communications equipment" to the title and each sentence after"Bylaws". Add " as well as the city contract with the City of Corpus Christi to ensure consistency between the two documents" to the second sentence to read: "A single board member may attend a regular meeting via conference phone or similar communications equipment a maximum of three (3) times per fiscal year, except as permitted by the Chairman." Revise Article VII Remove the following "No amendment shall be finally effective unless and until (1) written notice of the amendment has been given to the City not less than 60 days prior to the effective date of the change, and (2) the City has approved the amendment." and replace with the following: "Any changes to the bylaws must be presented to the City Manager for approval at least two weeks prior to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not consistent with this Agreement prior to the Board meeting for approval of the changes. The changes to the bylaws will be effective upon approval of the Board of Directors and City Council." ALTERNATIVES: City Council could choose not to approve the second amended and restated Management Services Agreement. FISCAL IMPACT: There is no financial impact associated with this item. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approving the second amended and restated Management Services Agreement. LIST OF SUPPORTING DOCUMENTS: Second Amended and Restated Management Service Agreement- Redline copy SECOND AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU This Amended and Restated Management Services Agreement (the "Agreement") is executed by and between the City of Corpus Christi, Texas, a municipal corporation ("City")and the Corpus Christi Area Convention & Visitors Bureau ("CCCVB"), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales tax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; WHEREAS, the CCCVB has professional personnel who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; and WHEREAS, the City and the CCCVB most recently entered into a management services agreement on October 15, 2019 and amended the agreement previously on June 24, 2021 , and the Parties now wish to amend the agreement to better meet the needs of both entities through this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1 .1 . The CCCVB shall, in accordance with the organization's mission, drive overnight visitors to Corpus Christi. Specific activities required include: (A)Lead attraction and support of meetings, conventions and tradeshows within Corpus Christi, including the following specific activities: a. solicit various organizations and associations to conduct meetings/ conventions/tradeshows within Corpus Christi year-round; b. utilize various advertising/marketing techniques to promote City of Corpus Christi as a desirable year-round meeting and convention destination; c. provide support services to meetings and conventions in Corpus Christi; d. focus efforts on the City's Convention Center; Page 1 of 27 (B)promote the City of Corpus Christi as a year-round, leisure tourism destination; (C)design and implement an advertising campaign with state, national, and international coverage to feature Corpus Christi as an attractive location for tourism; (D)support special events that will create overnight visitors; (E)maintain high quality, updated website and printed materials for visitors; (F) serve as main point of information for inquiries related to tourism and convention- related business that brings visitors to Corpus Christi lodging facilities; (G)operate visitor information center(s); (H)research and advise the City on projected growth of tourism and convention- related business to assist City planning efforts, including expanding segments of the industry, such as sports tourism, cultural tourism and nature tourism; (1) provide feedback to City, as requested, to facilitate policy decisions made in the interest of tourism promotion; (J) act as an agent on behalf of the City in its relationships with the music and film industries and adhere to the role prescribed to the Corpus Christi Film Office at the Corpus Christi Convention and Visitors Bureau in the City Code of Ordinances Chapter 36, Article 111; (K)perform all responsibilities of tourism and marketing; 1 .2. The CCCVB shall enter into separate written sub-recipient agreements with all entities receiving Hotel Occupancy Tax ("HOT") funds from the CCCVB for events. For the purposes under this Agreement, a sub-recipient is an organization sponsoring an event which would constitute a HOT-eligible project. 1 .3. The CCCVB may host special events in the City that will create overnight visitors, so long as such events are eligible uses of HOT funds. The CCCVB or an affiliated entity may accept donations from private entities for such events, and all such donations and other revenues shall be documented on the books and records maintained under the control of CCCVB for use by the CCCVB or its affiliated entity for HOT-eligible projects. 1 .4. The purchase of any goods and services with funds provided by the City under this Agreement shall be conducted in a manner that assures the City that the funds are being spent prudently and in a manner to get the best benefit to serve the above purposes. Any goods or services with a cost exceeding $50,000 for which more than one source exists and that are not specified for particular marketing or entertainment purposes shall be purchased through a competitive process. Purchases under $50,000 will be conducted using sound purchasing procedures such as solicitation of informal quotes from multiple providers for purchases greater than $5,000 for which more than one source exists and that are not specified for particular marketing or event-quality purposes. For example, nothing in this section shall require the CCCVB to choose performers, advertising locations or media, or similar strategic items on the basis of low price. The CCCVB staff shall, within 90 days of the Effective Date, meet with the City's Contracts and Procurement Department to discuss the City's purchasing policies and the policies that might be appropriate for the CCCVB. The City may require additional training as appropriate. 1 .5. The CCCVB shall promote events and attractions that draw visitors into lodging facilities in the City of Corpus Christi. Any promotions or activities that include regional Page 2 of 27 events or attractions must be conducted in accordance with a Business Plan approved by the City, in accordance with direction from City Council. Any HOT funds received from the City must be used in a manner that is aimed at increasing hotel occupancy within the City and that complies with all laws related to the use of such funds. 2. APPROPRIATIONS AND AUDIT 2.1. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. If funds for this Agreement are not appropriated in the budget for any fiscal year, this Agreement shall automatically terminate. 2.2. The CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle funds received from the City in such account with any other funds. The CCCVB may periodically draw from such account for deposit into its operating account in order to make expenditures for HOT- eligible purposes and projects. 2.3. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of the CCCVB. 2.4. Interest earned on funds contributed to the CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for the CCCVB use within the convention and visitor fund account. 2.5. Parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.6. The CCCVB shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending September 30. The CCCVB shall retain copies of the annual independent audit indefinitely. 2.7. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the Financial Accounting Standards Board or any other relevant accounting agency and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. Any reports and audits must be signed by management of the CCCVB. 2.8. An independent audit of the CCCVB's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles must be submitted to the City Manager within 120 days after the end of each fiscal year that this Agreement is in effect. To be considered independent, the audit must be performed by an entity that does not supply other accounting services to the CCCVB and that is not otherwise affiliated with the CCCVB. The City shall have the right during each calendar year or fiscal year to authorize an Page 3 of 27 audit of CCCVB's records pertaining to its revenues and expenditures of HOT funds allocated under this agreement. Such audits shall be undertaken by City's staff or a firm of certified public accountants satisfactory to City. The cost of such audit shall be paid by City. The CCCVB shall include this audit provision in all contracts with any sub-recipients of HOT funds for the sole purpose of confirming the use of any HOT funds provided. The CCCVB shall maintain records received from each of such sub-recipients confirming the proper use of any HOT funds provided. 2.9. CCCVB's fiscal year runs from October 1 through September 30. 3. RECORDS. 3.1. Accounting and financial records of the convention and visitor fund held by the CCCVB must be maintained in a format approved by the City's Director of Finance and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of the CCCVB. Records must be maintained for at least five years after the expiration or termination of this agreement. The CCCVB shall include this language in all contracts with sub- recipients. 3.2. Pursuant to Senate Bill 943, which will go into effect on January 1 , 2020, the CCCVB understands that the requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and the CCCVB agrees that the Agreement can be terminated if the CCCVB knowingly or intentionally fails to comply with a requirement of that subchapter. In accordance with Subchapter J, the CCCVB will: (A)preserve all contracting information related to this Agreement in accordance with Section 3.01 above; (B)promptly provide to the City any contracting information related to the Agreement that is in the custody or possession of the CCCVB on request of the City; and (C)on termination of the Agreement, either provide all contracting information related to this Agreement to the City at no cost, or preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to the City. 3.03 The CCCVB will develop a methodology that it considers appropriate to measure event and program success. For events and programs that require significant financial commitment or staff time, the CCCVB will develop procedures on how to account for event success through project accounting. Project accounting will include the following elements: (A)use of group account codes in the financial records to identify transactions by activity, internal or external, (B)include project specific transactions, with projected revenues and costs (direct and indirect), assets and liabilities identified, and allocated to the project, and (C)creation of a reporting system that tracks resources utilized in engaging in an activity and communicates the level of event success. Page 4 of 27 4. PERFORMANCE MEASURES. 4.1. Performance of the CCCVB under this Agreement is based on the following: (A)an annual set of performance measures. (B)HOT earned fnr o norfini 1lor ficnal year if the omni int of the Gity's 70/ nnrtinn of+ho (4QB) The CCCVB will propose the annual set of performance measures ons adj lStmon+ +n +ho minin throw by j6ily 31- September 30 of each year. The City Manager, or designee must approve the final set of performance measures and any adjustment to the minimum HOT threshold, with such approval expected to occur prior to September 30 of each year. 5. REPORTS. Extenuating circumstances push deadline back 5.1. Business Plan: By j6ily 31 September 30 of each year the CCCVB shall provide City Manager with a Business Plan that outlines the overall goals and objectives of the CCCVB. The Plan must be in a similar format to prior years and describe the plan of action for the upcoming year, including strategic segments; a line- item budget; performance metrics and significant initiatives. The Riicinocc Plan miic+ innliiilo 9 City and be in suh-s-,taRtially the aRRual measures that are app fer�t attacveEl--herete--as Esc 9 Opportunities to promote City-funded venues must be specifically identified and included in the Business Plan. Other information necessary to describe the CCCVB's efforts must be included, as well. 5.2 Quarterly HOT Expenditure Reports: The CCCVB shall provide written quarterly reports to the City on expenditures of HOT funds, in accordance with Tax Code §351.101 (c). All reports must be signed by CCCVB management and provided 30 days following the end of the quarter 5.3. Quarterly City Council Presentations and Report: The CCCVB shall provide a presentation and report to the City Council at least quarterly on the activities and work accomplished to include all annual performance measures, status of HOT revenue, and highlights from the year. The CCCVB will coordinate with the City to choose the appropriate dates to present the reports to City Council; provided that, in the event the City does not provide dates quarterly for a personal presentation of the report such shall not be deemed a default by the CCCVB if the CCCVB provides the information to the City-appointed contract manager in writing. 5.4. Annual Written Report: The CCCVB shall provide a written report annually on the outcomes of the performance measures for the previous year. The Annual Report is due within 68 120 days after the end of each fiscal year while this Agreement is in effect. 5.5 The Annual Audit: The Annual Audit referenced in Section 2.08 shall be provided promptly upon completion but in any event within 120 days after the end of each fiscal year. Page 5 of 27 6. CONDUCT OF SERVICES 6.1. All of the Services provided by the CCCVB under this Agreement must be in conformity with the purposes for which the HOT revenues may be expended as authorized in the laws of the State of Texas. 7. BOND. The officers and employees, including leased employees, of the CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond must be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form approved by the City Attorney. 8. COMPENSATION. 8.1 HOT Share: The City agrees that for the convention and visitor services performed by the CCCVB under this Agreement, the City shall pay the CCCVB annually the sum of 44% of the City's 7% HOT receipts received by the City in the current fiscal year. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.2. Annual HOT Revenue Budget: The annual budget set for coming fiscal year will be developed between CCCVB and city Budget Department and will be based on prior year actual HOT collections and budget forecasting modeling. 8.3. CCCVB Annual Budget Approval: CCCVB will present the budgeted uses of Hotel Motel tax to the City Council for approval annually prior to the adoption of the City's operating budget. 8.4. Payment Schedule: During the term of this Agreement, the City shall pay CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month. The amount paid on or about the first of each month will be an amount equal to the HOT share collected, as defined in section 8.1, from two months prior to the payment as illustrated in table below. In the case that the HOT share is expected to exceed the budgeted amount, a budget amendment will be presented to City Council to allow for the payment of collections in excess of the budgeted amount. Page 6 of 27 HOT collected HOT Share by City paid to CCCVB August 30 October 1 September 30 November 1 October 30 December 1 November 30 January 1 December 30 February 1 January 30 March 1 February 30 April 1 March 30 May 1 April 30 June 1 May 30 July 1 June 30 Au ust 1 July 30 September 1 8.5. Force Majeure: If the CCCVB or the City is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the CCCVB or the City are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 9. SUSPENSION AND TERMINATION. 9.1 Suspension: The City may summarily suspend this Agreement with pay continuing to fund the salaries and basic operations of the CCCVB, if the CCCVB breaches its obligations hereunder and fails to cure such breach within sixty days after receiving written notice of suspension. The City shall promptly apprise CCCVB of the basis for suspension. Any such suspension shall remain in effect until the City determines that appropriate measures have been taken to ensure CCCVB 's future compliance. Grounds for such suspension include, but are not limited to the following: (A) Failure to abide by any terms or conditions of this Agreement; (B)Failure to keep and maintain adequate proof of insurance as required by this Agreement; (C)The violation of City, State, or federal laws by CCCVB as a result of the commission and conviction of a crime of moral turpitude. 9.2 Termination Defined: For purposes of this Agreement, " termination" shall mean termination by expiration of the Agreement or earlier termination pursuant to any of the provisions hereof. 9.3 Termination for Cause: Upon written notice, which notice shall be provided in accordance with Section 12.04, the City may terminate this Agreement as of the date provided in the notice, in whole or in part, upon the occurrence of one (I) or more of the Page 7 of 27 following events: (A) the sale, transfer, pledge, conveyance or assignment of this Agreement without prior approval; (B) ceasing operations for a period of time exceeding twenty (20) days; (C)the expenditure of HOT on gratuities in the form of hosting and amenities offered or given by CCCVB outside reasonable industry business practices in excess of nominal value or otherwise not previously approved by the City, or by any agent or representative of CCCVB, to any officer or employee, including a leased employee, of the City, County, State or any business prospect with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract; and (D) failure to cure cause of suspension. 9.4 Defaults with Opportunity for Cure: Should CCCVB default in the performance of this Agreement in a manner stated in this section, same shall be considered an Event of Default. The City shall deliver written notice of the default, specifying in detail the matter(s) in default. The CCCVB shall have sixty (60) calendar days after receipt of the written notice, in accordance with Section 13.4. If CCCVB fails to cure the default within such thirty-day cure period, the City shall have the right, without further notice or adoption of a City ordinance, to terminate this Agreement in whole or in part as the City deems appropriate. The following actions are defaults that may be cured by CCCVB: (A) performing unsatisfactorily as evidenced by failure to make adequate progress to meet CCCVB's pre-determined benchmarks for success, as outlined in the annual Business Plan; (B) failing to perform or failing to comply with any material term or covenant herein required as determined by the City; (C) bankruptcy or selling substantially all of company's assets; and (D) gratuitous expenditures made in hopes of securing favorable contracts. 9.5 Termination by Law: If any State or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties herein, or, if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition. 9.6 Upon the effective date of expiration or termination of this Agreement, CCCVB shall cease all work being performed by CCCVB or any of its subcontractors on behalf of the City. 9.7 Regardless of the method by which this Agreement is terminated, CCCVB agrees to provide a provisional period of termination for a period not to exceed two months upon the City's request. During such provisional period, CCCVB will receive adequate percentage payments of HOT, to be distributed in accordance with Section 8.1 and 8.3, to continue to provide services as provided for, and for which it will be compensated, under this Agreement. Page 8 of 27 10. BOARD OF DIRECTORS 10.1 . The affairs of the CCCVB shall be governed by a board of directors ("Board"), which must be composed of 17 ^f vVh'''h .ro voting members, with 13 selected directly by the City Council of the City. Those members must be representatives of the following groups: 3 members from the lodging industry; 3 members from the attraction industry; 2 members from the restaurant industry; 5 members from the community at large (appointed by City Council); The Mayor, or their designee; The City Manager, or their designee; The General Managerof the Corpus Christi Hooks;and The Director of the Corpus Christi International Airport. 10.2. The City Council will appoint a representative from the Port of Corpus Christi Authority and aFePFeseRtAtiVA UAR the Regional Transportation Authority to serve as ex-officio advisory non-voting members. The CCCVB may appoint additional ex-officio advisory, non- voting persons to assist its board of directors in fulfilling its obligations. 10.3 The City Manager, or their designee, and Mayor, or their Council designee, will serve as voting members of the Executive Committee of the Board. 10.4. Appointments to the Board will be for staggered, two-year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 10.5. The CCCVB will make recommendations to the City Council for lodging, attraction and restaurant industry and community at-large directors as directors' terms expire but the CCCVB always shall nominate one more individual as an alternate per category than the total number of positions available. Appointments will be made by City Council from the provided list with consideration of nominations by the CCCVB Nominations and Executive Committees and Board. 10.6. Unexcused absences from more than 25 percent of regularly scheduled meetings during a term year must result in an automatic vacancy, which vacancy for lodging, attraction, restaurant industry and community at-large directors must be promptly reported to the City Council. The CCCVB Nominations Committee and Board shall go through the Page 9 of 27 process outlined in 10.5 prior to the next scheduled board meeting to make new recommendations for the vacant position. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligible, may not be precluded from reappointment by reason of the automatic vacancy. 10.7. The CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a President/Chief Executive Officer to exercise day to day management and administration of the CCCVB. 10.8. The Board of Directors will operate under bylaws which must be consistent with the terms of this Agreement. The current bylaws are attached hereto as Exhibit B4;. Any changes to the bylaws must be presented to the City G9HRGil Manager for approval at least two weeks prior to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not consistent with this Agreement prior to the Board meeting for approval of the changes. The changes to the bylaws will be effective upon approval of the Board of Directors and City Council. The Board of Directors may approve rules of procedure to govern the conduct of its meetings, which will not require City Council approval. fnr PGStiRg of least 72 hni irc Prinr fn fho meetiRg The CCCVB agrees to have one annual meeting per year open to the public, which will include a presentation of the CCCVB's annual report on its activities and performance. 10.9. The City and CCCVB agree that in no event may the City be liable for any contracts made by the CCCVB with any person, firm, corporation, association, or governmental body. 10.10. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjudged against the CCCVB arising from its operations, or the use or maintenance of its facilities. 11. TERM AND TERMINATION 11.1 . The term of the Agreement commences on the Effective Date and continues until September 30, 2024, subject to termination as provided in this Agreement. Page 10 of 27 11.2. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to the other party. In the event the City cancels this Agreement upon one year's notice, the City assumes any obligations of the convention and visitor's fund with a term of less than one year and any other obligation approved In advance by the City Manager. The City reserves the right to terminate this Agreement without notice for cause. 12. INTELLECTUAL PROPERTY RIGHTS 12.1 Intellectual Property created or arising from the delivery of Services under this Agreement will be the property of the City. The CCCVB has a limited license to use any and all Intellectual Property created or arising from the delivery of Services under this Agreement for purposes of continued performance under this Agreement. Upon termination of this Agreement for any reason, all Intellectual Property and work products maintained by the CCCVB will be provided to the City at no cost. 13. MISCELLANEOUS 13.1 . This Agreement replaces and supersedes all other contracts and understandings previously made between the City and CCCVB. 13.2. The CCCVB specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No change of name or use of additional names may be deemed a modification of this Agreement. 13.3. The CCCVB shall comply with all applicable Federal, State, and local laws, rules and regulations in providing services under this agreement. 13.4. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit In the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: City Manager 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 CCCVB: Corpus Christi Convention & Visitors Bureau Attention: Chief Executive Officer 1501 North Chaparral Street Corpus Christi, Texas 78401 Reporting and daily communication may be provided by email. Page 11 of 27 13.5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given full force and effect for its purpose. 13.6. No amendments, modifications, or other changes to this Agreement are valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute but one and the same instrument. 13.7. The CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. 13.8. CCCVB shall create and follow a drug and alcohol abuse policy that is appropriate for the organization's size and business. The policy must, at a minimum, comply with the Drug Free Workplace Act of 1988 (codified at 41 USC Chapter 81) and provide guidelines for employees, including leased employees, to follow regarding events and activities for which consumption or gifting of alcohol is or is not appropriate. 13.9. The CCCVB agrees that, during the term of this Agreement, it will not discriminate nor permit discrimination against any person or group of persons, with regard to employment, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The CCCVB shall create and follow an Equal Employment Opportunity policy. The policy must, at a minimum, provide for procedures to be used to investigate allegations of discrimination. 13.10. The CCCVB must create a Legislative Agenda, which will be approved in accordance with all State law requirements prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will create a Legislative Committee with the responsibility of drafting the Legislative Agenda. The City's Director of Intergovernmental Relations will be given a seat on the Legislative Committee and invited to participate in all meetings of the Legislative Committee related to the drafting and adoption of the Legislative Agenda. The President & CEO of the CCCVB must present the final Legislative Agenda to the City Council prior to the start of any Legislative Session of the Texas Legislature. The CCCVB will provide the City with information related to lobbying that is required for the City to meet its reporting obligations under Texas law. 13.11. This Agreement takes effect upon the date of the last signature (the "Effective Date"). Page 12 of 27 Executed on the dates indicated below binding the respective parties as of the date of last signature. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU By: By: Constance Sanchez Brett Oetting Chief Financial Officer Chief Executive Officer Date: Date: ATTEST: Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Page 13 of 27 EXHIBIT A INSURANCE REQUIREMENTS I. CCCVB'S LIABILITY INSURANCE A. CCCVB must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. CCCVB must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. CCCVB must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, 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 CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee HOST LIQUOR LIABILITY $1,000,000 Combined Single Limit Applicable when alcohol being served C. In the event of accidents of any kind related to this agreement, CCCVB must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 14 of 27 II. ADDITIONAL REQUIREMENTS A. Applicable for paid and leased employees, CCCVB 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 CCCVB will be promptly met. B. CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at CCCVB'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. CCCVB 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. CCCVB 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. CCCVB 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(including leased 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, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the Page 15 of 27 required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon CCCVB'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 CCCVB to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to CCCVB hereunder until CCCVB demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that CCCVB'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. 2019 Insurance Requirements Legal Dept. Corpus Christi Convention and Visitors Bureau Management Services Agreement 07/02/2019 sw Risk Management Page 16 of 27 [iRS044l,go! 1b�7 r ^ rnllc Chrocim limmminreWm%pm %%MFE %p IRN IQ cc pinn Now %A vaj %p%No 0 1 %A4 0 1 FmsGaIYear; 2019-2020 ,<,;mac. Gpt-date „fyorr► GQpyon4inn Apd Vice? Ri irooi i (`C!l Gity Aov*a�iagvr I'1GDA 1?TMGAITA I PROFILE nD/_ANI TA TITIN DCC!`DIPT1 AI r IID!_ANIZATIll�IAI CLJ DT Health Care Plan paid byt4q GV—R. Compensation Plan Page 17 of 27 GIIGDCnIT-RI ICInICCC E—NIVIRONIMCnIT Rr=RpoDMu cr=Tcr=nlnc F—I nlnnl int %Innn�nov 1PSeFt e)�9ePditt*eS aPd FeVePUeS FePGFts at a h�gh level sim#ar-to w4at�s used for-budget ppe&eptatiopis. Cvnnnditursc Gnvwc; PINNACLE ICCIIGC - •-- - -- 'z to 5 YEAR OUTLOOK nr�ton�l nhaRgGo in �ir),,F hiioinacc on�iirnnmon� aRtinipate-1 anhiov ont �Tccrr � r.�rl-rcaa cnvrl-vrrrrrcrr ,�c�n craTpucca--craTTrcv��crr mnn \A/ham thia nh. eS rtht-Q �t9F�`r9n2 WhAt nFQ ti-(Q thi(QAtq2 141hAt nFQ ti-Fl:. at EXTERNAL RGAICI..IMe 1?L(C Plicni icc nnrn Fro FatmVG Foci Ols onrJ c4ro4orrin imF�lino4innc Page 18 of 27 MISSION OFganizat�ion Mriss ionr• IRSGr4�gmni-;ZA-t�ion mrtiSISOA-n ca4a4ommonr4 GOALS & MEASURES Tahln of 114iccion Clmmpnfc ;4nrl f_•o�lc Miction Clmmonf; Mnicc o atl'ats --rnI ll;pd for fhn !'`if�i Dnrformanrn Gnnorf v�c�-csa�-rr'r�ofr'rvrr Page 19 of 27 STRATEGIES Q_ TALC MISSION LLE ENT#!.gnse#-A1#Tssion 0emep� STRATEGY 1: (d8SGFihe c+ro+egy fnr wool above) Doc nnncihln Manarrnr• Drnhlnm+hic strategy is addreccinrr• Tasks to a ute S+ra+em.• \ Tar*Wimp Teck D,,e Ile+n Tec;L Ownp T7 97 F) �7 die a l�;nseFtGoal state p4 epi STRATEGY 1: (d8SGFihe c+rn+egy fnr al abet/&) Responsible Manager! Prnhlem this c�+re+e add Fe i cs rte nn• eTak +c)eveGUte c+ +env• \ Tc4 Alemr eIl Wimp Teck Il--e e+e Tec T T77 97 4 F F Page 20 of 27 EXHIBIT BG CCCVB Bylaws COR S CHR STI CONVENTION VISITORS RUREA.0 CORPUS CHRISTI AREA CONVENTION &VISITORS BUREAU BYLAWS ARTICLE I—ORGANIZATION 1. Name. Offices. The name of the corporation is Corpus Christi Area Convention& Visitors Bureau. The corporation is also authorized to do business under the name "Corpus Christi Convention & Visitors Bureau," or "Visit Corpus Christi." The corporation will be referred to as the "CCCVB" in this document. The CCCVB's offices will be located in the City of Corpus Christi. 2. Mission. The mission of the CCCVB is to positively impact the city's economy by marketing the city as a travel destination. 3. Fiscal Responsibility.The fiscal year of the CCCVB is from October 1 to September 30. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of the CCCVB, including the approval of an annual budget and ample fidelity bonding of officers and employees entrusted with the handling of funds orproperty ofthe CCCVB, in accordance with state laws. 4. Texas State and Federal Law. The CCCVB is a non-profit corporation organized under the Texas Non-Profit Corporation Act. The CCCVB has obtained from the Internal Revenue Service, and will continueto maintain, an exemption from federal income tax under Section 501(c)(6)of the Internal Revenue Code. ARTICLE II—BOARD OF DIRECTORS 1. Composition. The affairs of the CCCVB shall be governed by a Board of Directors, which shall be composed of twenty-four(24)members. Thirteen (13)will be selected directly by the City Council of the City of Corpus Christi. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The members shall be representatives of the following groups: Three(3)members from the lodging industry Three(3)members from area attractions Page 21 of 27 CH I TI CONVENT N j.VISITORS WREAU Five (5)members from the community at large Two(2) member from the restaurant industry The following persons or entities, or their designees or representatives, sha11 serve as additional voting members of the Board by virtue of position held: 1 Mayor of the City of Corpus Christi, or his or her designee 1 City Manager of the City of Corpus Christi or his or her designee 1 President& CEO of Whataburger Field 1 Director of Corpus Christi International Airport The following persons or entities, or their designees or repre s entativ e s, shall serve as additional non-voting members of the Board by virtue of position held: 1 State Representative from district 32 or his or her designee 1 State Representative from district 34 or his or her designee 1 Director of Regional Transportation Authority 1 President& CEO of Port of CC or his or her designee 1 President& CEO of CCREDC 1 General Manager of American Bank Center 1 Athletic Director of TAMU-CC, or his or her designee 1. Director Terms. Appointments to the Board will be staggered, two-year terms beginning on October 1 each year. No person may serve as a voting member of the Board for a period longer than six years consecutively unless such service is required by virtue of the person's position or title or to complete an unexpired term. The Board may make recommendations to the City Council for directors in the lodging,restaurant, attractions and at-large categories as director's terms expire,but the Board always shall nominate one more individual than the number of positions available in each category. The City Council will provide serious consideration to the Board's recommendations but is not restricted to select members submitted by the Board or any other group. 2. Absences. Un excused absences from more than twenty-five percent(3 meetings) of regularly scheduled meetings during a term year shall result in an automatic vacancy,which vacancy shall be promptly reported to the City Council.An absence Page 22 of 27 -. C- CHkl''T1 CONVENTION r-V351TOR S BUREAU shall be unexcused unless excused by the Board, for good cause, no later than its next meeting after any absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. 3. Representation. When any Director who was appointed to represent a business or industry segment is no longer employed in that industry segment for a period of 91 consecutive days or more, or if a Director otherwise fails to meet the qualifications prescribed by these Bylaws for serving as a Director, said Director shall forfeit his/her seat on the Board. Board of Director seats are non-transferrable. In the event of a Board of Director vacancy, the vacant seat may not be transferred to another individual from the vacating Board member's company or organization. 4. V acancies. In the event that a Director forfeits his/her seat or otherwise resigns or vacates his or her position, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position for the appropriate industry segment. The Chairman(subject to ratification by the Board of Directors) shall then nominate persons to be presented to the City Council as a recommendation of potential candidates to fill the remainder of the unexpired term. The nominations shall always include one more individual than the number of vacant positions available. 5. Meetings. The Board of Directors shall meet regularly at a specified time and date selected by the Board of Directors. A majority of the Directors must be present at a regular or special Board meeting to constitute a quorum for the transaction of all business. 6. Oualifications. Each Director elected to represent the lodging industry, the restaurant industry, or area attractions must be an owner, operator, or officer (or at a management level) in his or her organization at the time of his or her nomination and throughout his or her germ as a D ire ctor. 7. V otin�z A11 Board action shall be taken only upon formal vote of the Directors ata duly constituted meeting of the Board. A majority vote of the Directors present at a duly constituted meeting at which a quorum is present will constitute an act of the B pard. S. Board Roles and Responsibilities. It is the responsibility of every Directorto: a) Commit to the mission, goals and long-range strategic plan of the CCCVB; b) Attend all Board of Directors meetings, including special events and B pard retreats; c) Become knowledgeable ab out the CCCVB and its efforts; Page 23 of 27 CORSUS CHRISTI CONWHTkOW:Y151TOR5&UREMI d) Prepare for and contribute to Board of Directors meetings by being well- informed on agenda items, e) Recognize that the Board of Directors' job is to ensure thatthe organization is well managed, not to manage the organization, f) Objectively and conscientiously consider others' points-of-view and make constructive suggestions to help the Board of Directors make decisions that benefit those whore the CCCVB serves; g) Be in good financial standing with the CCCVB; h) Serve as a team player and support the decisions of the Board of Directors once they are made; i) Serve as an ambassador for the tourism industry and represent the CCCVB to individuals, the public and other organizations in a P ositiv e manner; J) Notify the President/CEO of any media contacts, and k) Take an active role in Board of Directors activities. 9. Board Conflict. Each Board member sha11 be required to sign a conflict of interest disclosure statement in the form prescribed by the Board. 10. Code of Conduct. Each Director has an obligation to give his/her input into any subject being discussed by the Board. Each Board member's input should be solicited and considered and should be made to feel his/her contribution is valued. Board members are to remain respectful and professional at all times in expressing their views and opinions and should not allow personal agendas or conflicts to influence any decisions made on behalf of CCCVB. ARTICLE III—OFFICERS 1. Elections. Officers of the Board may be elected by the September meeting for the new fiscal year. Officers will be: Chairman, Vice Chair, Secretary and Treasurer. Each officer shall be a member of the Board prior to the election. Officers shall serve for a term of one year, or until the Board of Directors elects officers for the succeeding fiscalyear. 2. Vacancies. In the event of the resignation of an elected officer of the Board, or in the event of forfeiture of the elected officer's seat as provided in Article III above, or in the event of the death or permanent disability of an elected officer, the Chairman (subject to ratification by the board of Directors) shall appoint a member Page 24 of 27 Orr CHRISTI of the Board to the vacated office to serve the remainder of the unexpired term. 3. Chairman. The Chairman will preside at all meetings of the Board of Directors and the Executive Committee. He or she will have and exercise general charge and supervision of affairs of the CCCVB, subject to the direction of the Board. The Chairman will appoint persons to chair all standing and ad hoc committees established by these Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman's absence or disability, the Vice Chairman will perform the duties and possess and exercise the powers of the Chair. 5. Secretary. The Secretary will ensure that the records of the CCCVB are properly kept.The Secretary will ensure that minutes of all meetings of the Board ofDirectors and the Executive Committee of the CCCVB are re corded. 6. Treasurer. The Treasurer will ensure that all funds, property and securities of the CCCVB are properly kept, subject to any regulations imposed by the Board of Directors and will review the travel expense accounts of the President. The Treasurer shall ensure that an annual audited financial statement is prepared. The Treasurer shall preside at Board meetings in the absence of the Chair and Vice- Chair. 7. President/CEO. The Board of Directors shall employ a President/CEO, whose duties, performance review and compensation will be outlined in an employment contract between the CCCVB and the President/CEO. The PresidenUCEO shall be the principal executive officer of the CCCVB. The President/CEO shall be administratively responsible to the Executive Committee, and shall serve as an ex- officio non-voting member of the Board of Directors and all committees. ARTICLE IV—COADETTEES 1. General. The Board of Directors may establish such committees from time to time it deems necessary for the operation of the CCCVB. The Chairman shall appoint the members of each committee. 2. Executive Committee. The Executive Committee shall be comprised of the four officers of the CCCVB and the Mayor and City Manager, or their respective designees. If requested to do so by the Chairman, the immediate past chairman, if still a member of the Board, shall be invited to attend Executive Committee meetings for the purpose of providing continuity in Board leadership, but shall not have any right to vote. The President/CEO shall serve as ex-officio, non-voting member of the Executive Committee. The Executive Committee shall have and Page 25 of 27 nR S CHRISTI exercise the authority of the Board of Directors in the management of the CCCVB between meetings, subject to the exercise of such authority by the full Board of Directors from time to time. The presence in person of three of the Executive Committee members shall constitute a quorum for the transaction of business, and the act of a majority of the Executive Committee members present at any meeting at which there is a quorum shall be the act of the Executive Committee. 3. Nominations Committee. The Chairman shall appoint a Nominations Committee of five (5) Directors for the purpose of nominating candidates for the Board of Directors forthose positions whose terms are expiring at the end of each fiscal year. The V ice Chair shall chair the committee. Such Nominations Committee sha11 report its nomination of candidates to the Board of Directors not more than thirty(3 0)days after its appointment, whereupon the Board of Directors shall approve a slate of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board's recommendations forthe positions whose terms are expiring. The slate shall always include one more individual in each category than the number ofpositions available. The nominations shall be submitted to the Board ofDirectors by no later than August 15 for approval of the slate of candidates at the August Board of Directors meeting. 4. Finance Committee. A Finance Committee shall be comprised of the Treasurer and from two to four members of the Board of Directors appointed by the Chairman purpose of the Finance Committee shall be to oversee the finances of the CCCVB, monitor and make recommendations concerning financial policies and procedures, examine audit reports, review and support the development of the annual budget and handle such other matters as may from time to time be assigned. 5. Bylaws Committee. A Bylaws Committee shall be comprised of the Vice Chair and from two to three members of the Board of Directors appointed by the Chairman The purpose of the Bylaws Committee shall be tooversee the bylaws of the CCCVB. The Bylaws Committee may make recommended changes of the bylaws and present to the board in according to city contract processes. The committee also reviews the city contract to ensure consistency between the two documents. 6. Other Committees. The Board may create additional committees by Resolution adopted from time to time stating the duties and composition of such committees. Page 26 of 27 � � 4JJ CHR WTI COWVENTM rsV151TORS SUREAU ARTICLE V—MEETINGS 1. Regular Meetings. The Board shall conduct regular meetings according to a schedule adopted by the Board. 2. Special Meetings. The Chairman or any five (5) Directors may request that the Secretary call a special meeting of the Board. The Secretary shall provide at least seventy-two (72)hours written notice of any such special meeting. At the discretion of the Board, joint meetings with other groups may be arranged for discussion of any subject or other activity which may be of mutual benefit and interest. 3. Telephone or Electronic Meetings. Members of the Board of Directors may participate in a meeting of Directors by means of conference phone or similar communications equipment through which all persons participating in the meeting can hear one another, and participation in a meeting pursuant to this section shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A single board membermay attend a regularmeeting via telephone conference amaximum ofthree (3) times per fiscal year, except as permitted by the Chairman. 4. Rules of Procedure. The Board may adopt rules of procedure for particip ation in its meetings. ARTICLE VI—FINANCIAL PROVISIONS 1. Indemnification. The CCCVB shall indemnify and save harmless each present and former officer and Director against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him/her arising from or connected in any way with hislher service to the CCCVB to the fullest extent authorized by the laws of the state of Texas with regard to non-profit corporations. No further action or authorization of the Board of Directors shall be necessary to affect such indemnification, except to the extent required by law.The CCCVB may, in its sole discretion,purchase and maintain insurance or another arrangement, at its expense,to protect itself and any director, officer, employee or agent of the CCCVB or another corporation, partnership, joint venture, trust or other enterprise against any expense, liability or loss, whether or not the CCCVB would have the power to indemnify such person against such expense, liability or loss under Texaslaw. 2. Audit. The Board of Directors shall annually select a certified public accountant to supply an independent audit of the CCCVB books, and such audit shall be made Page 27 of 27 CORPUS CHRISTI CONVENVONh .V351TOR5 BUREAU available to members of the Board. ARTICLE VII—AMENDMENT S These bylaws may be amended at any regular meeting by a vote of two-thirds of all the Directors,provided that notice of such proposed amendment(s)shall have been sent to each Director at least 72 hours before such meeting. No amendment shall be finally effective unless and until (1) written notice of the amendment has been given to the City not less than 60 days prior to the effective date of the change, and (2) the City has approved the amendment. With Amendments Approved by Board of Directors on June 25, 2020. Respectfully submitted by Secretary Signature D ate Page 28 of 27 CORPUS CHRISTI CORPUS CHRISTI AREA CONVENTION & VISITORS BUREAU BYLAWS ARTICLE I— ORGANIZATION 1. Name. Offices. The name of the corporation is Corpus Christi Area Convention & Visitors Bureau. The corporation is also authorized to do business under the name "Corpus Christi Convention & Visitors Bureau," or "Visit Corpus Christi." The corporation will be referred to as the "CCCVB" in this document. The CCCVB's offices will be located in the City of Corpus Christi. 2. Mission. The nissiot+-The role of the CCCVB is to positively impact the city's economy by marketing the city as a travel destination. The board approved mission is to Create a better community by sharing Corpus Christi with the world. 3. Fiscal Responsibility. The fiscal year of the CCCVB is from October 1 to September 30. The Board of Directors will make lawful and adequate provisions for sound fiscal policies and practices of the CCCVB, including the approval of an annual budget and ample fidelity bonding of officers and employees entrusted with the handling of funds or property of the CCCVB, in accordance with state laws. 4. Texas State and Federal Law. The CCCVB is a non-profit corporation organized under the Texas Non-Profit Corporation Act. The CCCVB has obtained from the Internal Revenue Service, and will continue to maintain, an exemption from federal income tax under Section 501(c)(6) of the Internal Revenue Code. ARTICLE II—BOARD OF DIRECTORS 1. Composition. The affairs of the CCCVB shall be governed by a Board of Directors, which shall be composed of twenty f 2A seventeen (17) members. Thirteen (13) will be selected directly by the City Council of the City of Corpus Christi. The above members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The members shall be representatives of the following groups: Three (3) members from the lodging industry `P1 CORPUS CHRISTI Three (3) members from area attractions Five (5) members from the community at large Two (2) member from the restaurant industry The following four(4)persons yes, or their designees or representatives, shall serve as additional voting members of the Board by virtue of position held: 1 Mayor of the City of Corpus Christi, or his or her designee 1 City Manager of the City of Corpus Christi or his or her designee 1 President Rr CEO of 3AI atabttFgeF Field General Manager of Corpus Christi Hooks 1 Director of Corpus Christi International Airport The following persons or entities, or their designees or representatives, shall serve as additional non-voting members of the Board by virtue of position held: 1 State Representative from district 32 or his or her designee 1 State Representative from district 34 or his or her designee 1 Director of Regional Transportation Authority 1 President & CEO of Port of CC or his or her designee 1 President & CEO of CCREDC 1 General Manager of American Bank Center 1 Athletic Director of TAMU-CC, or his or her designee 10.4. Director Terms. Appointments to the Board will be staggered, two-year terms beginning on October 1 each year. No person may serve as a voting member of the Board for a period longer than six years consecutively unless such service is required by virtue of the person's position or title or to complete an unexpired term. The BeaF.d ,r akie recommendations to the Git , rEMB expiFe, btit the Beafd always shall nominate one meFe individtial than the fmMbeF of grettprThe CCCVB will make recommendations to the City Council for lodging, attraction and restaurant industry and community at-large directors as directors' terms expire but the CCCVB always shall nominate one more individual as an alternate per category than the total number of positions available. Appointments will be made by City Council from the provided list with `P1 CORPUS CHRISTI consideration of nominations by the CCCVB Nominations and Executive Committees and Board. 1. Absences. Unexcused absences from more than twenty-five percent (3 meetings) of regularly scheduled meetings during a term year shall result in an automatic vacancy, which vacancy for lodging, attraction, restaurant industry and community at-large directors must sha44 be promptly reported to the City Council. An absence shall be unexcused unless excused by the Board, for good cause, no later than its next meeting after any absence. Any member, otherwise eligible, shall not be precluded from reappointment by reason of such automatic vacancy. 2. Representation. When any Director who was appointed to represent a business or industry segment is no longer employed in that industry segment for a period of 91 consecutive days or more, or if a Director otherwise fails to meet the qualifications prescribed by these Bylaws for serving as a Director, said Director shall forfeit his/her seat on the Board. Board of Director seats are non-transferrable. In the event of a Board of Director vacancy, the vacant seat may not be transferred to another individual from the vacating Board member's company or organization. 3. Vacancies. In the event that a Director forfeits his/her seat or otherwise resigns or vacates his or her position, the Chairman shall notify the City Secretary so that the City Council may appoint a replacement to the position for the appropriate industry segment. The Chairman(subject to ratification by the Board of Directors) shall then nominate persons to be presented to the City Council as a recommendation of potential candidates to fill the remainder of the unexpired term. The nominations shall always include one more individual than the number of vacant positions available. 4. Meetings. The Board of Directors shall meet regularly at a specified time and date selected by the Board of Directors. A majority of the Directors must be present at a regular or special Board meeting to constitute a quorum for the transaction of all business. 5. Qualifications. Each Director elected to represent the lodging industry, the restaurant industry, or area attractions must be an owner, operator, or officer t management leve!) in his or her organization at the time of his or her nomination and throughout his or her term as a Director. 6. Voting. All Board action shall be taken only upon formal vote of the Directors at a duly constituted meeting of the Board. A majority vote of the Directors present at a duly constituted meeting at which a quorum is present will constitute an act of the Board. `P1 CORPUS CHRISTI 7. Board Roles and Responsibilities. It is the responsibility of every Director to: a) Commit to the mission, goals and long-range strategic plan of the CCCVB; b) Attend all Board of Directors meetings, including special events and Board retreats; c) Become knowledgeable about the CCCVB and its efforts; d) Prepare for and contribute to Board of Directors meetings by being well- informed on agenda items; e) Recognize that the Board of Directors' job is to ensure that the organization is well managed, not to manage the organization; f) Objectively and conscientiously consider others' points-of-view and make constructive suggestions to help the Board of Directors make decisions that benefit those whom the CCCVB serves; g) Be in good financial standing with the CCCVB; h) Serve as a team player and support the decisions of the Board of Directors once they are made; i) Serve as an ambassador for the tourism industry and represent the CCCVB to individuals, the public and other organizations in a positive manner; J) Notify the President/CEO of any media contacts; and k) Take an active role in Board of Directors activities. 8. Board Conflict. Each Board member shall be required to sign a conflict of interest disclosure statement in the form prescribed by the Board. 9. Code of Conduct. Each Director has an obligation to give his/her input into any subject being discussed by the Board. Each Board member's input should be solicited and considered and should be made to feel his/her contribution is valued. Board members are to remain respectful and professional at all times in expressing their views and opinions and should not allow personal agendas or conflicts to influence any decisions made on behalf of CCCVB. ARTICLE III—OFFICERS 1. Elections. Officers of the Board may be elected by the September meeting for the new fiscal year. Officers will be: Chairman, Vice Chair, Secretary and Treasurer. Each officer shall be a member of the Board prior to the election. Officers shall `P1 CORPUS CHRISTI serve for a term of one year, or until the Board of Directors elects officers for the succeeding fiscal year. 2. Vacancies. In the event of the resignation of an elected officer of the Board, or in the event of forfeiture of the elected officer's seat as provided in Article III above, or in the event of the death or permanent disability of an elected officer, the Chairman (subject to ratification by the board of Directors) shall appoint a member of the Board to the vacated office to serve the remainder of the unexpired term. 3. Chairman. The Chairman will preside at all meetings of the Board of Directors and the Executive Committee. He or she will have and exercise general charge and supervision of affairs of the CCCVB, subject to the direction of the Board. The Chairman will appoint persons to chair all standing and ad hoc committees established by these Bylaws or the Board of Directors. 4. Vice Chair. At the request of the Chairman, or in the event of the Chairman's absence or disability, the Vice Chairman will perform the duties and possess and exercise the powers of the Chair. 5. Secretary. The Secretary will ensure that the records of the CCCVB are properly kept. The Secretary will ensure that minutes of all meetings of the Board of Directors and the Executive Committee of the CCCVB are recorded. 6. Treasurer. The Treasurer will ensure that all funds, property and securities of the CCCVB are properly kept, subject to any regulations imposed by the Board of Directors and will review the travel expense accounts of the President. The Treasurer shall ensure that an annual audited financial statement is prepared. The Treasurer shall preside at Board meetings in the absence of the Chair and Vice- Chair. 7. President/CEO. The Board of Directors shall employ a President/CEO, whose duties, performance review and compensation will be outlined in an employment contract between the CCCVB and the President/CEO. The President/CEO shall be the principal executive officer of the CCCVB. The President/CEO shall be administratively responsible to the Executive Committee, and shall serve as an ex- officio non-voting member of the Board of Directors and all committees. ARTICLE IV— COMMITTEES 1. General. The Board of Directors may establish such committees from time to time it deems necessary for the operation of the CCCVB. The Chairman shall appoint the members of each committee. `P1 CORPUS CHRISTI 2. Executive Committee. The Executive Committee shall be comprised of the four officers of the CCCVB and the Mayor and City Manager, or their respective designees. If requested to do so by the Chairman, the immediate past chairman, if still a member of the Board, shall be invited to attend Executive Committee meetings for the purpose of providing continuity in Board leadership, but shall not have any right to vote. The President/CEO shall serve as ex-officio, non-voting member of the Executive Committee. The Executive Committee shall have and exercise the authority of the Board of Directors in the management of the CCCVB between meetings, subject to the exercise of such authority by the full Board of Directors from time to time. The presence in person of three of the Executive Committee members shall constitute a quorum for the transaction of business, and the act of a majority of the Executive Committee members present at any meeting at which there is a quorum shall be the act of the Executive Committee. 3. Nominations Board Development Committee. The Chairman shall appoint a Nominatio Board Development Committee of five (5) Directors for the purpose of identifying and nominating candidates for the Board of Directors for those positions whose terms are expiring at the end of each fiscal year. Theme Past Chair shall chair the committee. Such ,.T,,m inat;,, Board Development Committee shall report its nomination of candidates to the Board of Directors not more than thirty (30) days after its appointment, whereupon the Board of Directors shall approve a slate of candidates. The slate of candidates will be presented to the City Council of the City of Corpus Christi as the Board's recommendations for the positions whose terms are expiring. The slate shall always include one more individual in each category than the number of positions available. The nominations shall be submitted to the Board of Directors by no later than August 15 for approval of the slate of candidates at the August Board of Directors meeting. 4. Finance Committee. A Finance Committee shall be comprised of the Treasurer and from *we to f o,.. Three of the Board of Directors appointed by the Chairman. The purpose of the Finance Committee shall be to oversee the finances of the CCCVB, monitor and make recommendations concerning financial policies and procedures, investment strategy, examine audit reports, review and support the development of the annual budget and handle such other matters as may from time to time be assigned. 5. Bylaws and Contracts Committee. A Bylaws and Contracts Committee shall be comprised of the Vice Chair and f om two to three members of the Board of Directors appointed by the Chairman. The purpose of the Bylaws and Contracts Committee shall be to oversee the bylaws of the CCCVB as well as the city contract with the City of Corpus Christi to ensure consistency between the two documents. The Bylaws and Contracts Committee may make recommended changes of the `P1 CORPUS CHRISTI bylaws and/or city contract and present to the board in according to city contract processes. l,e�weor the Iwo doetiments. 6. Other Committees. The Board may create additional committees by Resolution adopted from time to time stating the duties and composition of such committees. ARTICLE V—MEETINGS 1. Regular Meetings. The Board shall conduct regular meetings according to a schedule adopted by the Board. 2. Special Meetings. The Chairman or any five (5) Directors may request that the Secretary call a special meeting of the Board. The Secretary shall provide at least seventy-two (72) hours written notice of any such special meeting. At the discretion of the Board, joint meetings with other groups may be arranged for discussion of any subject or other activity which may be of mutual benefit and interest. 3. Telephone or Electronic Meetings. Members of the Board of Directors may participate in a meeting of Directors by means of conference phone or similar communications equipment through which all persons participating in the meeting can hear one another, and participation in a meeting pursuant to this section shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A single board member may attend a regular meeting via telephone eonf Fenee conference phone or similar communications equipment a maximum of three (3) times per fiscal year, except as permitted by the Chairman. 4. Rules of Procedure. The Board may adopt rules of procedure for participation inits meetings. ARTICLE VI—FINANCIAL PROVISIONS 1. Indemnification. The CCCVB shall indemnify and save harmless each present and former officer and Director against all claims, liabilities, losses and expenses in connection with any cause of action or claim asserted against him/her arising from or connected in any way with his/her service to the CCCVB to the fullest extent authorized by the laws of the state of Texas with regard to non-profit corporations. No further action or authorization of the Board of Directors shall be necessary to affect such indemnification, except to the extent required by law. The CCCVB may, in its sole discretion, purchase and maintain insurance or another arrangement, at its `P1 CORPUS CHRISTI expense, to protect itself and any director, officer, employee or agent of the CCCVB or another corporation, partnership, joint venture, trust or other enterprise against any expense, liability or loss, whether or not the CCCVB would have the power to indemnify such person against such expense, liability or loss under Texas law. 2. Audit. The Board of Directors shall annually select a certified public accountant to supply an independent audit of the CCCVB books, and such audit shall be made available to members of the Board. ARTICLE VII—AMENDMENTS These bylaws may be amended at any regular meeting by a vote of two-thirds of all the Directors,provided that notice of such proposed amendment(s) shall have been sent to each Director at least 72 hours before such meeting. No affiendffieiit shall be finally eff'eetive tifliess and tintil (1) wFitten flotiee of the amendment has been given to the Git�' not less than 60 days pFioF to the effeetive date of the ehange, and (2) the Gity has appFoved the men mer*. Any changes to the bylaws must be presented to the City Manager for approval at least two weeks prior to the adoption of the bylaws by the Board of Directors. The City Manager may reasonably object to changes that are not consistent with this Agreement prior to the Board meeting for approval of the changes. The changes to the bylaws will be effective upon approval of the Board of Directors and City Council. With Amendments Approved by Board of Directors on June 25, 2020. Respectfully submitted by Secretary Signature Date so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 15, 2022 DATE: February 4, 2022 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 traceyc(o-)-cctexas.com 361.826.3021 Resolution of Support for 9% Low-income Housing Tax Credits for Weber Lofts CAPTION: Resolution in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Weber Lofts to be developed by Creative Urban Multifamily LLC. SUMMARY: Resolution of Support for the 58-unit development Weber Lofts 9% Low-income Housing Tax Credit development at the Southwest corner of Weber Road and Capitol Drive. BACKGROUND AND FINDINGS: Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2022. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. TDHCA awards LIHTC applications 17 points to projects that receive a Resolution of Support. The support is necessary for the project to be competitive in the application process. Weber Lofts is a 58-unit multi-family development for renters with units for households with incomes at or below 60% of the area median income. The proposed development is located at the southwest corner of Weber Road and Capitol Drive. The developer submitting the project is Adelante Development LLC. A Resolution of Support does not guarantee that Weber Lofts will be awarded LIHTCs. There were 10 9% LIHTC pre-applications submitted to TDHCA for Region 10/Urban. The pre- applications included four in Corpus Christi, five in Victoria and one in Garland. The Garland application is not eligible in Region 10/Urban. Each pre-application is required to include a self- score. There was a seven-way tie for first place among the pre-applications. If the self-scores are correct, TDHCA will award LIHTCs based on tiebreakers. TDHCA will make the scoring determinations, the City does not determine application scores or the results of the tiebreakers. Based on the anticipated outcome of the tiebreakers, two of the proposed developments in Corpus Christi have decided not to move forward leaving two Corpus Christi developments. The two developments moving forward with full applications to TDHCA are Weber Lofts and Commons at Oso Bay. Commons at Oso Bay is generally located at 2125 Rodd Field Road. Commons at Oso Bay is also being recommended for a Resolution of Support. ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would greatly reduce or eliminate the chance that the project would be awarded Low-income Housing Tax Credits. FISCAL IMPACT: The fiscal impact is that there will be a $500 building permit fee waiver if the project is award LIHTC and the development moves forward. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11451 Mission Element: 007 Project # (CIP Only): NA Account: 530500 RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Weber Lofts to be developed by Creative Urban Multifamily LLC. Whereas, Creative Urban Multifamily LLC. (the "Applicant") has proposed a development project to construct an 81-unit multi-family development for renters with 73 units for households with incomes at or below 60% of the area median income and eight units at market rate rents. The proposed development is located at the southwest corner of Weber Road and Capitol Drive. ("Weber Lofts Project"); Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA")for 2022 Housing Tax Credits for the Weber Lofts Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Weber Lofts Project located at the southwest corner of Weber Road and Capitol Drive, Corpus Christi, Texas. Section 3. The City commits $500 in reduced fees if the Weber Lofts Project is awarded low-income housing tax credits. PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley 1 Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 2 u � CORPUS CHRISTI NEIGHBORHOOD SERVICES Resolutions of Support for 9% Low-income Housing Tax Credit Projects Weber Lofts and Commons at Oso Bay City Council February 15, 2022 Low-income Housing Tax Credits a M • Low-income Housing Tax Credits (LIHTC) are the most common financing tool for multi-family affordable rental housing units • Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA). The application process is highly competitive • Corpus Christi is in Region 10/Urban which includes Nueces, Aransas, San Patricio, and Victoria counties. The region generally receives 1 award each year from the competitive process LIHTC Timeline CORRUS CMR]STI 12/01/2021 TDHCA published the final allocation plan 01/07/2022 TDHCA Pre-Applications Due 01/28/2022 Applications to the City for Resolutions of Support due 02/15/2022 Recommendations for Resolutions presented to Council 03/01/2022 Applications Due to TDHCA 06/2022 List of Eligible Applications Published 07/2022 Final Awards 11-12/2022 Carryover Awards Resolutions of Support a M • Recommending approval of Resolutions of Support for Weber Lofts and Commons at Oso Bay • There were 10 TDHCA pre-applications in our Region • There were 4 TDHCA pre-applications in Corpus Christi • Of the 4 pre-applications in Corpus Christi, Weber Lofts and Commons at Oso Bay are the projects continuing through the process • Resolutions of Support include a commitment of $500 in fee waivers which is also required for competitive applications • A Resolution of Support earns 17 points on the TDHCA application and due to the competitive nature of applications is necessary to win LIHTCs r }F K _ P � 40 -° Weber. Lofts K ` r. sS , r Commons ataso Bay « +. r Weber Lofts 0.P5_CHRISTI ✓ Adelante Development LLC • Southwest corner of Weber Rd and Capitol Dr • 1.88 acres; 1.5 without street dedication 7 7 - • Zoned RM-1 - f_7_:rl..ti • 58 Units at 60% AMI and below • 11 2 and 3 bedroom mix • $17,736,979 development cost • No request for HOME funds AW Weber Lofts ")F Conceptualrenderingbased Vista atInterpark • n Antonio �__ kL -- -- t �. _ �- �;'�` r, f ._ I ISI -• I_ 1 �■ � ��:� �■� _ -. ° �� _- Commons at Oso Bay ''I ✓ The Commonwealth Companies , .aU • Near 2125 Rodd Field Road ' sPnR g pXWte suNO DR W •I� f�,. t r i m. 4.76 acres with 1 acre access + ;Y C k strip Y • Zoned ON • 60 units for 60% AMI and below • 2 and 3 bedroom mix � '4M ! t • k� w t• • $16,306,552 development cost m :<woDD�oe0R4t. . 6 ^`Y ooMoae R° v 4 d � � •� ` <t is n • HOME loan of $350,000 will be p, ' TA; requested Commons at Oso Bay tiORPUS CHRISTI �E3E3 3 Anticipated TDHCA Application Scoring Fishpond at Commons at Weber Lofts Victoria Oso Bay Self Score 138 138 138 Government Support 17 17 17 Community Participation 4 4 4 State Rep Support 8 8 8 Input from Community Orgs 4 4 4 Concerted Revitalization Plan 0 0 0 Subtotal 171 171 171 Tie Breaker Position* 1 2 3 *Based on poverty rate and highest rent burden so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of February 15, 2022 DATE: February 4, 2022 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 traceyc(o-)-cctexas.com 361.826.3021 Resolution of Support for 9% Low-income Housing Tax Credits for Commons at Oso Bay CAPTION: Resolution in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Commons at Oso Bay to be developed by Commons at Oso Bay, LLC. SUMMARY: Resolution of Support for the 60-unit development Commons at Oso Bay 9% Low-income Housing Tax Credit development at 2125 Rodd Field Road. BACKGROUND AND FINDINGS: Applications from developers for 9% Low-income Housing Tax Credits (LIHTC) are due to the Texas Department of Housing and Community Affairs (TDHCA) on March 1, 2022. LIHTCs are administered by the Internal Revenue Service and allocated to states. They are a critical funding tool for multi-family low-income housing projects. Region 10/Urban, which includes Nueces, Aransas, San Patricio, and Victoria counties, is generally awarded one LIHTC project annually. The 9% LIHTC application process is highly competitive. TDHCA awards LIHTC applications 17 points to projects that receive a Resolution of Support. The support is necessary for the project to be competitive in the application process. Commons at Oso Bay is a 60-unit multi-family development for renters with incomes at or below 60% of the area median income. The proposed development is located at 2125 Rodd Field Road. The developer submitting this project is The Commonwealth Companies. A Resolution of Support does not guarantee that Commons at Oso Bay will be awarded LIHTCs. There were 10 9% LIHTC pre-applications submitted to TDHCA for Region 10/Urban. The pre- applications included four in Corpus Christi, five in Victoria and one in Garland. The Garland application is not eligible in Region 10/Urban. Each pre-application is required to include a self- score. There was a seven-way tie for first place among the pre-applications. If the self-scores are correct, TDHCA will award LIHTCs based on tiebreakers. TDHCA will make the scoring determinations, the City does not determine application scores or the results of the tiebreakers. Based on the anticipated outcome of the tiebreakers, two of the proposed developments in Corpus Christi have decided not to move forward leaving two Corpus Christi developments. The two developments moving forward with full applications to TDHCA are Weber Lofts and Commons at Oso Bay. Weber Lofts is located at the southwest corner of Weber and Capitol. Weber Lofts is also being recommended for a Resolution of Support. ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would greatly reduce or eliminate the chance that the project would be awarded Low-income Housing Tax Credits. FISCAL IMPACT: The fiscal impact is that there will be a $500 building permit fee waiver if the project is award LIHTC and the development moves forward. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11451 Mission Element: 007 Project # (CIP Only): NA Account: 530500 RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution PowerPoint Presentation Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 9% Housing Tax Credit for an affordable housing project known as Commons at Oso Bay to be developed by Commons at Oso Bay, LLC. Whereas, Commons at Oso Bay, LLC. (the "Applicant") has proposed a development project to construct a 60-unit multi-family development for renters incomes at or below 60% of the area median income. The proposed development is located at the 2125 Rodd Field Road. ("Commons at Oso Bay Project"); Whereas, the Applicant intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2022 Housing Tax Credits for the Commons at Oso Bay Project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed Commons at Oso Bay Project located at 2125 Rodd Field Road. Section 2. The City commits $500 in reduced fees if the Commons at Oso Bay Project is awarded low income housing tax credits. PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith 1 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor z u � CORPUS CHRISTI NEIGHBORHOOD SERVICES Resolutions of Support for 9% Low-income Housing Tax Credit Projects Weber Lofts and Commons at Oso Bay City Council February 15, 2022 Low-income Housing Tax Credits a M • Low-income Housing Tax Credits (LIHTC) are the most common financing tool for multi-family affordable rental housing units • Tax credits are awarded by the Texas Department of Housing and Community Affairs (TDHCA). The application process is highly competitive • Corpus Christi is in Region 10/Urban which includes Nueces, Aransas, San Patricio, and Victoria counties. The region generally receives 1 award each year from the competitive process LIHTC Timeline CORRUS CMR]STI 12/01/2021 TDHCA published the final allocation plan 01/07/2022 TDHCA Pre-Applications Due 01/28/2022 Applications to the City for Resolutions of Support due 02/15/2022 Recommendations for Resolutions presented to Council 03/01/2022 Applications Due to TDHCA 06/2022 List of Eligible Applications Published 07/2022 Final Awards 11-12/2022 Carryover Awards Resolutions of Support a M • Recommending approval of Resolutions of Support for Weber Lofts and Commons at Oso Bay • There were 10 TDHCA pre-applications in our Region • There were 4 TDHCA pre-applications in Corpus Christi • Of the 4 pre-applications in Corpus Christi, Weber Lofts and Commons at Oso Bay are the projects continuing through the process • Resolutions of Support include a commitment of $500 in fee waivers which is also required for competitive applications • A Resolution of Support earns 17 points on the TDHCA application and due to the competitive nature of applications is necessary to win LIHTCs r }F K _ P � 40 -° Weber. Lofts K ` r. sS , r Commons ataso Bay « +. r Weber Lofts 0.P5_CHRISTI ✓ Adelante Development LLC • Southwest corner of Weber Rd and Capitol Dr • 1.88 acres; 1.5 without street dedication 7 7 - • Zoned RM-1 - f_7_:rl..ti • 58 Units at 60% AMI and below • 11 2 and 3 bedroom mix • $17,736,979 development cost • No request for HOME funds AW Weber Lofts ")F Conceptualrenderingbased Vista atInterpark • n Antonio �__ kL -- -- t �. _ �- �;'�` r, f ._ I ISI -• I_ 1 �■ � ��:� �■� _ -. ° �� _- Commons at Oso Bay ''I ✓ The Commonwealth Companies , .aU • Near 2125 Rodd Field Road ' sPnR g pXWte suNO DR W •I� f�,. t r i m. 4.76 acres with 1 acre access + ;Y C k strip Y • Zoned ON • 60 units for 60% AMI and below • 2 and 3 bedroom mix � '4M ! t • k� w t• • $16,306,552 development cost m :<woDD�oe0R4t. . 6 ^`Y ooMoae R° v 4 d � � •� ` <t is n • HOME loan of $350,000 will be p, ' TA; requested Commons at Oso Bay tiORPUS CHRISTI �E3E3 3 Anticipated TDHCA Application Scoring Fishpond at Commons at Weber Lofts Victoria Oso Bay Self Score 138 138 138 Government Support 17 17 17 Community Participation 4 4 4 State Rep Support 8 8 8 Input from Community Orgs 4 4 4 Concerted Revitalization Plan 0 0 0 Subtotal 171 171 171 Tie Breaker Position* 1 2 3 *Based on poverty rate and highest rent burden so �o o� A H AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 12/7/21 µoRPORP�g4 1852 Second Reading Ordinance for the City Council Meeting 12/14/21 DATE: October 25, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Historic Preservation Plan CAPTION: Ordinance adopting a new City of Corpus Christi Historic Preservation Plan, an element of the Plan CC Comprehensive Plan; and rescinding the former Corpus Christi Preservation Plan, adopted September 8, 1976. SUMMARY: The City of Corpus Christi Historic Preservation Plan (HPP) is an element of the City's Comprehensive Plan, designed to improve the preservation of historical and cultural resources. This planning effort will replace the previous Corpus Christi Preservation Plan, which was adopted in 1976, as amended and any other iterations including amendments in 1992, 1999, and 2004. BACKGROUND AND FINDINGS: The City of Corpus Christi engaged the McDoux Preservation LLC planning consultant team to identify ways to integrate preservation into the city's broader planning, environmental, social, economic, and sustainability goals. The project was funded by a Texas Historical Commission matching grant for Certified Local Government programs. The purpose of the project is to prepare an action-oriented community-wide historic preservation plan designed to improve the preservation of historical and cultural resources. Specific project objectives included the following: 1. Identify ways to integrate historic preservation activities into the city's broader planning, environmental, social, economic, and sustainability goals. 2. Identify how historic preservation in Corpus Christi can promote heritage tourism, preservation-based economic development, and heritage education. 3. Identify how historic preservation can be utilized as an urban design strategy taking into consideration pedestrian friendly design, placemaking, income and land use diversity, and neighborhood character. 4. Review the city's historic resources, their condition, and provide strategies for preservation, which could include prioritizing certain individual properties or contiguous areas for designation and preservation incentives. 5. Provide a public outreach component to stakeholders and the general public. 6. Review national best practices and recommend updates to the historic preservation provisions in the Unified Development Code as well as provide toolkits for substantial rehabilitation, including but not limited to economic and regulatory incentives. 7. Provide a cost/benefit analysis of potential local economic incentives using local substantial rehabilitation projects, showing schedule when ad valorem revenues would be recaptured, and other pertinent data related to proposed incentives. City of Corpus Christi Historic Preservation Plan (HPP) Content: The major goals, policies, and implementation elements of the Historic Preservation Plan address the following: Introduction • Current State of Preservation in Corpus Christi • Purpose • Methodology/Current State of Historic Preservation • Community Engagement and Input • Vision, Goals, and Strategies Goal 1: Build City Capacity for Historic Preservation • Hire a full-time historic preservation officer • Update the preservation ordinance to increase the number of protected properties • Update the Landmark Commission bylaws and training requirements • Plan for disasters • Develop Walking Tourist Historic Areas Goal 2: Enable Community-Driven Historic Preservation • Improve the City's historic preservation website to make information easier to find • Improve community outreach and standardization of public engagement process • Support the creation of a local nonprofit organization • Include underrepresented areas • Work with Nueces County Historical Commission to update our approach to historical markers Goal 3: Support Historic Preservation as an Economic Development Tool • Promote economic development through Historic Preservation • Update the vacant building ordinance • Invest in registering new National Register of Historic Places • Develop local tax incentive programs to support historic rehabilitation and adaptive reuse • Develop fagade improvement program outside of the TIRZ #3 • Invest in demonstration projects Texas Preservation Case Studies: • Allow City Staff to adopt successful plans of action • Motivate developers and citizens through examples of successful economic development Public Engagement: To develop the City of Corpus Christi Historic Preservation Plan, McDoux Preservation LLC gathered public input during online community meetings/presentations held October 25, 2020, April 8, 2021, and June 24, 2021. During the Fall 2020 McDoux Preservation LLC conducted a telephone or Zoom interview with 20 stakeholders. An opinion survey was created using stakeholder input in January 2021 which captured the opinion of 752 respondents, with 12,500 unique comments. Additional outreach included a presentation on October 6, 2021, to representatives of the Downtown Management Association, Associated General Contractors, South Texas, and American Institute of Architects, Corpus Christi. On October 15, 2021. the plan was presented to the Development Services Task Force participants. Commission Recommendation Landmark Commission recommended approval with an amendment, unanimously on July 22, 2021. Planning Commission recommended approval of the plan unanimously on August 4, 2021. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the Historic Preservation Plan LIST OF SUPPORTING DOCUMENTS: Ordinance (with Exhibit A, Draft City of Corpus Christi Historic Preservation Plan) PowerPoint Presentation Landmark Commission minutes Planning Commission minutes Summary of Mark-Ups Ordinance adopting a new City of Corpus Christi Historic Preservation Plan, an element of the Plan CC Comprehensive Plan; and rescinding the former Corpus Christi Preservation Plan, adopted September 8, 1976 WHEREAS, the Landmark Commission and Planning Commission have forwarded to City Council its reports and recommendations concerning the adoption of the City of Corpus Christi Historic Preservation Plan; WHEREAS, with proper notice to the public, public hearings were held d u ring a meeting of the Landmark Commission, Planning Commission, and during a meeting of the City Council, during which all interested persons were allowed to give testimony and present written evidence; WHEREAS, City Staff invited the public to online Community Meetings and online Community Surveys to give input to help develop a City of Corpus Christi Historic Preservation Plan, and to receive public feedback; WHEREAS, the Landmark Commission provided guidance and assistance throughout the process and staff coordinated with various community agencies; WHEREAS, the City shall use the City of Corpus Christi Historic Preservation Plan is an element of the City's Comprehensive Plan, designed to improve the preservation of historical and cultural resources; WHEREAS, the City of Corpus Christi Historic Preservation Plan will be reviewed and updated as warranted; WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Preservation Plan, adopted by City Council ordinance #13375 on September 8, 1976, as amended and any iterations of the Corpus Christi Preservation Plan, including ordinance #021359 on March 31, 1992, ordinance #02354 on January 26, 1999, and ordinance#025710 on April 13,2004,are hereby rescinded. SECTION 2. The City of Corpus Christi Historic Preservation Plan, as shown in Exhibit A, which is attached and incorporated by reference, is adopted as an element of the Plan CC Comprehensive Plan (Comprehensive Plan). SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 5. This ordinance takes effect after final passage on second reading. 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 CITY OF CORPUS CHRISTI Historic Preservation Plan 2021 h q s; 4 , - ( fr - p E ggw y ��. 1 FW1 Mm a��l� ' I iv r s r " r II RF ka �4� MgD9UX • o N N w _ • P �y i PRESERVATION ACKNOWLEDGMENTS Mayor Paulette M. Guajardo City Council Billy A. Lerma, District 1 Ben Molina, District 2 Roland Barrara, District 3 Greg Smith, District 4 Gil Hernandez, District 5 Michael T. Hunter,At Large John Martinez, At Large Mike Pusley,At Large City Staff Peter Zanoni, City Manager Steve Viera,Assistant City Manager Al Raymond III,AIA, CBO, Director, Development Services Nina Nixon-Mendez, FAICP, CFM, HPO,Assistant Director, Development Services Michael Dice,Assistant Director, Development Services Dan McGinn, Director, Planning/ESI McDoux Preservation LLC Steph McDougal, principal consultant Madeline Clites, Briana Grosicki, and Kelly Little, associate consultants This project was funded in part through a Certified Local Government Grant from the National Park Service, U. S. Department of the Interior, as administered by the Texas Historical Commission.The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior.This program receives Federal funds from the National Park Service. Regulations of the U. S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U. S. Department of the Interior, National Park Service, P. O. Box 37127, Washington, DC 20013-7127. © City of Corpus Christi 2021 TABLE OF CONTENTS Introduction ................................................................................................................... 1 Purpose ..........................................................................................................................3 Methodology .................................................................................................................5 Current State of Historic Preservation in Corpus Christi...........................................7 Community Engagement and Input............................................................................23 Vision, Goals, and Strategies........................................................................................35 GOAL 1: BUILD CITY CAPACITY FOR HISTORIC PRESERVATION Strategy 1 : Hire a Full-Time Historic Preservation Officer .....................................39 Strategy 2: Update the Historic Preservation Ordinance.......................................43 Strategy 3: Update the Landmark Commission Bylaws and Training Requirements ..............................................................................................................47 Strategy 4: Plan for Disasters ....................................................................................49 Strategy 5: Develop Walking Tours of Historic Areas ............................................55 GOAL 2: ENABLE COMMUNITY-DRIVEN HISTORIC PRESERVATION Strategy 6: Improve City Preservation Website.......................................................59 Strategy 7: Improve Community Outreach and Standardize the Public Engagement Process .....................................................................................61 Strategy 8: Help Launch a Preservation Nonprofit Organization..........................65 Strategy 9: Include Underrepresented Areas..........................................................69 Strategy 10: Develop Thematic Approaches to Historic Markers ........................73 GOAL 3: SUPPORT HISTORIC PRESERVATION AS AN ECONOMIC DEVELOPMENT TOOL Strategy 11 : Promote Economic Development through Historic Preservation ..77 Strategy 12: Update Vacant Building Ordinance....................................................87 Strategy 13: Invest in Historic Resource Surveys and National Register Listings .........................................................................................................................91 Strategy 14: Develop Local Tax Incentive Programs...............................................95 Strategy 15: Develop Facade Improvement Program outside TIRZ#3 ................ 105 Strategy 16: Invest in Demonstration Projects ........................................................ 121 APPENDICES A: 50 Comparison Cities with National Register Listings ...................................... 125 B: Texas Cities with Local Tax Incentive Programs ................................................. 127 C: Cities with Facade Improvement Programs ....................................................... 129 This page intentionally left blank. INTRODUCTION The City of Corpus Christi embarked on the development of an action-oriented community- wide Historic Preservation Plan in Fall 2020.This plan builds upon the City's original 1976 Historic Preservation Plan and subsequent update in 1992. The National Park Service defines preservation planning as "the rational, systematic process by which a community develops a vision, goals, and priorities for the preservation of its historic and cultural resources"A successful preservation plan integrates preservation policy with other city goals and initiatives and is representative of community values. The development of such a plan requires us to consider how preservation is currently being practiced and perceived; to identify challenges that limit the community's ability to fully realize the potential benefits of historic preservation; and to identify opportunities for improvement in public policy, regulatory frameworks, collaborative public-private partnerships, and the allocation of funding. In recent years,the City of Corpus Christi has taken steps to strengthen its preservation program.This includes joining the Texas Main Street Program in 2016, undertaking a historic resources survey of downtown in 2017, participating in the DowntownTX.org survey pilot project, and supporting the nomination of Old Bayview Cemetery to the National Register of Historic Places in 2020.This preservation plan expands on those activities by honoring Corpus Christi's past, identifying the community's preservation goals, and providing a roadmap the City can follow to achieve the desired outcomes. Each recommendation is supported by nationwide best practices and feedback from the community.We have also provided case studies to illustrate how other Texas cities have approached the same opportunities and challenges. McDoux Preservation's work is always based on a review of best practices, solid data collection and analysis, and meaningful engagement with stakeholders.This project included a robust public engagement effort that connected with nearly 800 Corpus Christians through stakeholder interviews and an opinion survey; in addition, hundreds more residents participated in three Community Meetings.The City promoted and encouraged public participation in the preservation planning process through a dedicated webpage, social media strategy on multiple platforms, press releases, and printed materials. A plan is only worthwhile if it is used, so this preservation plan includes a prioritized, stepwise approach for implementing the recommendations. The City of Corpus Christi is well-positioned to effect a transformative change in its downtown and center-city residential neighborhoods through the pursuit of effective, proven historic preservation strategies. By providing residents with the framework and tools to individually engage in preservation activities, and undertaking selected demonstration projects to build community confidence in the city's potential, Corpus Christi will benefit from additional economic development, heritage tourism, and civic pride. Corpus Christi Historic - • This page intentionally left blank. Corpus Christi Historic - • PURPOSE AND OBJECTIVES The National Park Service (NPS) defines preservation planning as "a process that organizes preservation activities (identification, evaluation, registration and treatment of historic properties) in a logical sequence." NPS further identifies the following principles upon which preservation planning is based: • "Important historic properties cannot be replaced if they are destroyed. Preservation planning provides for conservative use of these properties, preserving them in place and avoiding harm when possible, and altering or destroying properties only when necessary." • "If planning for the preservation of historic properties is to have positive effects, it must begin before the identification of all significant properties has been completed.To make responsible decisions about historic properties, existing information must be used to the maximum extent and new information must be acquired as needed" • "Preservation planning includes public participation.The planning process should provide a forum for open discussion of preservation issues. Public involvement is most meaningful when it is used to assist in defining values of properties and preservation planning issues, ratherthan when it is limited to review of decisions already made. Early and continuing public participation is essential to the broad acceptance of preservation planning decisions" To that end,this Historic Preservation Plan strives to: 1. Identify ways to integrate historic preservation activities into the city's broader planning, environmental, social, economic, and sustainability goals. 2. Identify how historic preservation in Corpus Christi can promote heritage tourism, preservation-based economic development, and heritage education. 3. Identify how historic preservation can be utilized as an urban design strategy taking into consideration pedestrian friendly design, placemaking, income and land use diversity, and neighborhood character. 4. Review the city's historic resources,their condition, and provide strategies for preservation,which could include prioritizing certain individual properties or contiguous areas for designation and preservation incentives. 5. Provide a public outreach component to stakeholders and the general public. 6. Review national best practices and recommend updates to the historic preservation provisions in the Unified Development Code as well as provide toolkits for substantial rehabilitation, including but not limited to economic and regulatory incentives. 7. Provide a cost/benefit analysis of potential local economic incentives using local substantial rehabilitation projects, showing schedule when ad valorem revenues would be recaptured, and other pertinent data related to proposed incentives. Corpus Christi Historic - • This page intentionally left blank. Corpus Christi Historic - • METHODOLOGY McDoux's approach to every project involves a thorough grounding in historic and current conditions; robust community engagement, including both qualitative and quantitative research, as well as community meetings and ongoing updates; the analysis of gathered data, along with nationwide best practices and the development of illustrative case studies; and a stepwise plan for implementation.This one-year planning project thus involved the following five discrete activities. 1. Current State of Preservation McDoux reviewed the history of preservation in the city, past preservation projects and reports, current challenges, and existing City planning documents to learn what happened in the past and how those actions and decisions shaped historic preservation in the city today. 2. Stakeholder Interviews Stakeholder interviews are the first step in a data-driven, community-driven planning process. Interviews with 20 residents, representing the diverse communities that make up the city, allowed us to identify issues of concern to the most active and engaged members of the community, and this anecdotal information serves as a basis for further investigation to determine the extent to which these issues are prevalent throughout the greater community. 3. Community Meetings Community meetings allow the project team to share information and gather feedback, while promoting open and transparent communication with the public. Community meetings typically take the form of public open houses or workshops, as well as meetings with community groups; however, due to the COVID-19 pandemic, all three meetings were held virtually and livestreamed on social media with video recordings published on YouTube and the City website. 4. Community Opinion Survey In order to understand how community members prioritize the issues of concern gathered from the stakeholder interviews and initial community meeting, McDoux developed an opinion survey in both online and paper formats.A total of 752 residents participated in the survey,which was available in both English and Spanish.The results of the survey were used to develop the recommendations in this report. 5. Findings and Recommendations = Preservation Plan Using the information gathered from the community during this project, McDoux developed this Plan document. City staff and members of the Landmark Commission reviewed the first draft, and McDoux made revisions before the second draft was published for community review and comment. Following additional revisions to address community comments,the Texas Historical Commission Certified Local Government staff reviewed the third draft. Corpus Christi Historic - • This page intentionally left blank. • Corpus Christi Historic - • CURRENT STATE OF HISTORIC PRESERVATION IN CORPUS CHRISTI In order to understand historic preservation in Corpus Christi today, we need to understand how it came to be this way.As Alan Lessoff explains in his book, Where Texas Meets the Sea: Corpus Christi& Its History, the current issues and obstacles to downtown revitalization are based largely on a historic lack of density in the central business district; the topographic constraints created by the Bluff; and the inability of the City and community to agree on a vision and direction for Corpus Christi and take steps to achieve it. The City of Corpus Christi officially established historic preservation as a municipal undertaking with the adoption of a historical-cultural landmark preservation ordinance in 1974. A Preservation Plan in 1976, updated in 1992, was used to guide the City's efforts, identify areas of priority, and codify policies. In 1999, City Council designated as landmarks Artesian Park, Old Bayview Cemetery, Heritage Park, and the Greer-Young-Westergren House.After that,the City met with property owners of other potential historic landmark properties to discuss whether they would be willing to formally list their properties as "Potential Landmarks;" 27 property owners agreed.The list was adopted as part of the revised preservation plan in early 1999.An additional four landmarks were designated through zoning in 2003, and one was designated as a "potential landmark" in 2004. However, designating historic landmarks has not been a City priority. Most of the growth in Corpus Christi took place after World War II. In the 1970s and 1980s, "historic" (at least 50-year-old) buildings were defined as those built prior to 1920 or 1930. While buildings from that era were present,they were scattered across the city, rather than concentrated in a particular area and perhaps, as a result, difficult to identify as a group. The idea that not much of the city was historic likely continues today, even though in 2021, "historic" now includes anything built before 1971, and each year more resources qualify. In 2017, cultural resources firm Hardy Heck Moore (HHM) conducted a historic resources survey of the Downtown Management District area and part of Uptown west of Upper Broadway.This survey included approximately 280 properties constructed in or before 1970. Seventy of these had been previously documented in the 1991 historic resources survey by Sally Victor. HHM determined that: • The uptown area had a "noteworthy" concentration of mid-century modern commercial buildings. • The downtown area was not collectively eligible for the National Register of Historic Places in its current condition but could be if,for example, individual tax credit projects brought enough buildings back into eligible status. • Thirty-three resources were individually eligible for the National Register. • Thirty-seven resources were individually eligible for local designation. No action was taken as a result of this survey. Corpus Christi Historic - • 2021 7 Currently Designated Historic Properties in Corpus Christi Property Name Yr.Built Address NR RTHL SAL LOCAL Old Nueces County Courthouse 1914 1123 N. Mesquite St. X X X Heritage Park(site) 1980s N.Chaparral St. X Britton-Evans House 1849 411 N. Broadway St. X X (Centennial House) Simon Gugenheim House 1900 Heritage Park, 1601 N.Chaparral X X X S.Julius Lichtenstein House 1905 Heritage Park, 1617 N.Chaparral X X X Charlotte Sidbury House 1893 Heritage Park, 1609 N.Chaparral X X X French-Galvan House 1907 Heritage Park, 1581 N.Chaparral X X Grande-Grossman House 1904 Heritage Park, 1517 N.Chaparral X X Merriman-Bobys House 1851 Heritage Park, 1521 N.Chaparral X X Littles-Martin House 1900 Heritage Park, 1519 N.Chaparral X Jalufka-Govatos House 1905 Heritage Park, 1513 N.Chaparral X Ward-McCampbell House 1908 Heritage Park, 1501 N.Chaparral X House at 1323 N.Chaparral 1890 1323 N. Chaparral St. X Hector Garcia Medical Office 1965 3001 Morgan Ave. X Broadway Bluff Improvement 1913 615 N. Upper Broadway St. X X Richard and Minerva King 1925 611 S. Upper Broadway St. X X House Wynn Seale Junior High School 1935 1701 Ayers St. X X USS Lexington(National 1942 2914 N. Shoreline Blvd. X Historic Landmark) Sherman Building 1929 317 Peoples St. X Galvan Ballroom 1950 1623 Agnes St. X Temple Beth EI 1936 1315 Craig St. X X Corpus Christi Historic - • Currently Designated Historic Properties in Corpus Christi Property Name Yr.Built Address NR RTHL SAL LOCAL 600 Building 1963 600 Leopard St. X Old Bayview Cemetery 1845 1202 Ramirez St. X X X (a Historic Texas Cemetery) Nuecestown Schoolhouse 1892 11429 Leopard St. X Corpus Christi Cathedral 1940 505 N. Upper Broadway St. X First Presbyterian Church of 1930 435 South Broadway St. X Corpus Christi Grossman-Graham-Chatterton 1935 821 Oak Park Ave. X X Estate Artesian Park 1854 813 N. Chaparral St. X Greer-Young-Westergren House 1875 234 Rossiter St. X South Bluff United Methodist 1926 1002 Elizabeth St. X Church House at 402 Clifford St. ca. 402 Clifford St. X 1920 House at 337 Clifford St. ca. 337 Clifford St. X 1920 House at 333 Clifford St ca. 333 Clifford St. X 1920 House at 324 Clifford St. ca. 324 Clifford St. X 1920 F7eat 313 Clifford St. ca. 313 Clifford St. X 1920 House at 310 Clifford St. ca 1920 310 Clifford St. X House at 311 Clifford St. ca. 311 Clifford St. X 1920 Moser House 1930 1511 Ocean Dr. X Oso Dune Site(archaeological) X Tucker Site(archaeological) X Corpus Christi Historic - • 9 HISTORIC DESIGNATIONS (as of 2021) Local Landmarks: 26 Local Historic Districts: 0 Recorded Texas Historic Landmarks: 16 State Antiquities Landmarks: 1 Historic Texas Cemetery: 1 National Register of Historic Places: 15 National Register Historic Districts: 0 National Historic Landmarks: 1 Properties with more than one designation: 15 TOTAL INDIVIDUAL DESIGNATED PROPERTIES: 40 GLOSSARY OF TERMS Some standard terms used in historic preservation practice and found in this Plan are defined below. Most of these definitions come from the Texas Historical Commission or National Park Service. Certificate of Appropriateness. A permit allowing alterations (including additions), relocation, demolition, or new construction to historic resources within a locally designated historic district. Contributing.A resource (building, object, structure, or site) within a historic district that supports the basis for significance under which the district was locally designated or listed on the National Register of Historic Places.A resource classified as Contributing may be reclassified as Noncontributing if enough alterations cumulatively remove too many character-defining features. Cultural landscape.A geographic area (including both cultural and natural resources and the wildlife or domestic animals in that area) associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.The four types of cultural landscapes include historic sites (such as battlefields), historic designed landscapes (like a park or formal garden), historic vernacular landscapes (such as a rural village or industrial complex), and ethnographic landscapes, which are identified by associated people as having historic and/or cultural significance. Facade.The front wall of a building, also known as the primary elevation. Historic context. A narrative created for planning purposes that groups information about historic properties based on a shared theme, specific time period, and geographical area. 10 Corpus Christi Historic - • 2021 Historic district.A contiguous area that contains a significant concentration, linkage, or continuity of buildings, structures, sites, or objects united historically or aesthetically by plan or physical development. Overall,the district as a whole must have historical, architectural, engineering, or archaeological significance, even if some or all of the properties lack individual distinction. Historic resource.A building, structure, site, or object that is at least 50 years old and retains integrity. Historic resources survey.An activity that captures data and photographs about the resources within a specified area, so that their historical and architectural significance can be evaluated using local, state, or federal standards. Historic Texas Cemetery.An official state designation that recognizes graveyards and records their boundaries in county deed records but imposes no restrictions on the property. Integrity.The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. Mid-century modern.The architectural, interior design, and product design movement that became popular following World War II,from about 1945 to 1969. Designs of this era are characterized by simple shapes, clean lines, and little decorative ornamentation. Multiple Property Submission.A submittal to the National Register of Historic Places that establishes the historic contexts used to nominate individual resources or historic districts. A Multiple Property Submission (MPS) must be accompanied by one individual nomination. Some examples in Texas include "Farms and Ranches of Bexar County," "Historic Bridges of Texas;' and "Route 66 in Texas."While MPS like these are based on themes, MPS can also be developed for cities or counties to identify eligible historic resources that may not all be located in a contiguous area (like a historic district). National Register of Historic Places.A federal program administered in our state by the Texas Historical Commission in coordination with the National Park Service. Listing in the National Register provides national recognition of a property's historical or architectural significance and denotes that it is worthy of preservation. Buildings, sites, objects, structures and districts are eligible for this designation if they are at least 50 years old (with rare exceptions) and meet established criteria.The National Register designation imposes no restrictions on property owners. National Historic Landmark.A historic resource that is nationally significant and illustrates the nationwide impact of events or persons associated with the property, its architectural type or style, or information potential.This is the highest recognition available from the National Park Service. National Park Service.The federal agency responsible for administering historic preservation programs and funds. Some NPS responsibilities are delegated to State Historic Preservation Offices; in Texas, that state agency is the Texas Historical Commission. Noncontributing.A resource (building, object, structure, or site)within a historic district that does not support the basis for significance under which the district was locally designated or listed on the National Register of Historic Places.A resource is often classified as Noncontributing because it is less than 50 years old or has been altered to the extent that its character-defining features are no longer visible or present. In some cases, a Noncontributing resource may be reclassified as Contributing, if inappropriate alterations are reversed or when the resource becomes old enough. Corpus Christi Historic - • Period of Significance.The period of time (expressed as a year or range of years) during which a historic property attained the physical characteristics or associations with people or events that make it historically or architecturally significant. Recorded Texas Historic Landmark.A building or structure that is at least 50 years old and has excellent architectural integrity; that is, it looks the way it did when it achieved significance. Rehabilitation.The process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. State Antiquities Landmark.A cultural resource on non-federal public land that are legally protected under the Antiquities Code of Texas. Buildings and other aboveground resources must first be on the National Register to be eligible for SAL designation, but archaeologial sites do not. State historical (subject) marker.A large plaque that tells the story of a person, place, or event in Texas history.The state marker program is managed by County Historical Commissions. Tax abatement.A direct reduction in the amount of property tax owed,for a specified period of time.This can take the form of an initial lowered tax rate that increases each year, until it reaches 100%; a lowered tax rate that stays the same for some number of years; or a tax "freeze," in which the amount of tax owed is frozen for a period of time. Tax credit.A reimbursement of money spent to rehabilitate or improve a historic property, in the form of a credit on the federal income tax,Texas franchise tax, or Texas insurance premium tax. In some cases, tax credits can be sold or transferred; for example, a nonprofit organization that participates in the Texas historic tax credit program is exempt from paying franchise tax, but a for-profit business could purchase the tax credit from the nonprofit at a slight discount, benefiting both parties. Tax exemption.A reduction in the appraised or assessed value of property, which indirectly results in a lower amount of property tax owed.This can take the form of a percentage reduction in the property value or a "freeze" on the value of the property, often for some specified amount of time. Tax incentive.A reduction in property taxes intended to encourage economic activity. 12 Corpus Christi Historic - • 2021 HISTORY OF PRESERVATION IN CORPUS CHRISTI Over the years, Corpus Christi has commissioned numerous plans for the improvement of downtown and the preservation of historic buildings. Few of those plans have been realized.The following timeline attempts to make clear the work that has been done. 1963 1963 Corpus Christi Area Heritage Society forms to save the Britton-Evans (Centennial) House. 1974 City adopts its first historic preservation ordinance. 1975 City seeks public input for"local sites considered worth saving" 1976 City creates its first Landmark Preservation Plan, which initially attempts to give Landmark Commission the authority to landmark not just buildings but natural resources, open land, and nearly everything in Corpus Christi. Planning Commission refuses to allow Landmark Commission to have the authority to designate a property over the owner's wishes. 1977 County offices move out of the 1914 Nueces County Courthouse, beginning decades of vacancy and deterioration for that building. 1979 City agrees to acquire and maintain the Sidbury, Lichtenstein, and Gugenheim Houses on Chaparral Street if private groups will raise the money to restore them. 1981 City hires Chicago planner Robert Grossman and local architect James Rome to survey potential historic landmarks and districts.They identify Old Irishtown, containing about 60 "noteworthy" buildings — mostly 19th-century wood-frame houses — as one of three potential historic districts downtown, along with the Blucherville and South Upper Broadway areas. Potential residential historic districts include South Bluff Park, Furman Avenue, and Cole Park/Del Mar, as well as Hispanic neighborhoods on the Westside. 1985 City moves more historic houses to the Chaparral Street property between 1982-1987. Heritage Park officially opens in 1985. 1988 Landmark Commission identifies 66 properties as potential landmarks, 7 "concentrated in the south central area of the city and scattered through the west side" 1989 City commissions historian Sally Victor to develop historic contexts for Corpus Christi, to help guide identification of historic resources.Victor identifies five historic contexts*for periods of the city's development between ca. 1860-1945. Corpus Christi Historic - • 1991 City adopts South Central Area Development Plan, then commissions Victor to conduct a historic resources survey of 1,145 pre-1945 properties within the city limits and the extra-territorial jurisdiction (ETJ).The survey focuses on Blucherville, the South Bluff area, Furman Avenue, the Leopard Street Corridor, Irish Town, and Saxet Heights. Recommendations include: • Rehabilitate the Old Nueces County Courthouse. • Create a computerized database for information about historic properties. • Continue to document, designate, and educate the community about historic landmarks and historic districts, including the South Central area, which Victor identified as containing the most historically significant resources in the city. • Work with the Convention and Visitors Bureau to promote heritage tourism. • Expand the local and state marker programs. • Assist property owners who wish to seek National Register listings. • Designate historic districts in Blucherville, the north half of Furman Avenue, and Upper Broadway near Park Street. 1992 City develops second Preservation Plan to protect the city's significant areas, sites, structures and buildings of historic character and make sure citizens experience a high quality of life. Only 38 properties are identified as potential landmarks, mostly in the Beach Addition, with a few in the Bluff Addition, Blucher Tract, Blucher Arroyo Tract, Chamberlain Addition, and Rayne Tract.The Cross Roads Shopping Center and the "Northeast corner of Carancahua and Coleman Streets"were also included. TOP 11 POTENTIAL HISTORIC DISTRICTS (as identified in 1992 Preservation Plan) Downtown Cole/Del Mar/ South Upper Atlantic Area Broadway South Bluff Blucher Park Hillcrest Saxet Heights Upriver/Long Old Irish Town View/Oak Park Morgan Area/Port Furman Street Corridor Additional policy statements include the Commission's intent to: • Expand the public's understanding of historic preservation to include adaptive reuse, not simply restoration. • Improve the preservation ordinance by making it easier to read, stronger and clearer, and in compliance with the CLG program. • Consider the contemporary use of a historic property (such as whether it is 14 Corpus Christi Historic - • 2021 used for public or private purposes) when establishing zoning for adjacent properties.Also, use zoning to minimize "undesirable" development and to requiring a greenspace buffer between historic properties and "undesirable uses." • Reconsider whether a property could be designated without the owner's consent, depending on who owned the building and how it was used. • Establish a 120-day delay before a historic property could be demolished, after which the owner could move forward.A"review process" by the Landmark Commission was supposed to help protect potentially eligible, but not yet designated, buildings. Other policy statements focus on maintaining the integrity of archaeological sites and sites containing "wildlife/vegetation" and ensuring that residential neighborhoods are well-maintained. OTHER RELEVANT PLANNING EFFORTS 2006 A goal of the 2006 update of the Park, Recreation and Open Space Master Plan of 2002 (also updated in 2008 and 2010) included a goal to preserve and protect unique natural open spaces, selected historic sites, river corridors, etc. 2012 The 2012 "Creating a Sustainable System" Corpus Christi Strategic Parks and Recreation Master Plan made recommendations for parks, athletic fields, aquatic facilities, trails, natural facilities, and preservation of open space over a 10-year period. Recommendations included creating seven Park Planning Areas within the City to help guide future park maintenance and development and acquiring parkland and open space that will expand historical and cultural tourism opportunities. 2013 The 2013 Central Business Development Plan (part of the City's Comprehensive Plan), which updated and superseded the South Central Area Development Plan of 1991 and its 1995/2004 updates, was intended to facilitate the development/redevelopment of the Central Business Area as a mixed-use, pedestrian-oriented tourist destination. Corpus Christi Historic - • 2021 15 2016 The "2016 Plan" Comprehensive Plan (which replaced the previous 1987 version) establishes a 20-year vision for development inside the corporation limits and ETJ and identifies a number of principles to follow to achieve that vision.Among those principles are "support diversity" and "respect private property rights" Elements of that Plan's pertinent to historic preservation include: • Resilience and Resource Efficiency, Goal 6, "Reinvestment in existing communities," Strategy 2: "Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials" • Housing and Neighborhoods, Goal 7, "Corpus Christi sustains and maintains established neighborhoods;' Strategy 1 : "Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods" and Strategy 2: "Support preservation and reuse of historically significant buildings, areas, and sites." • Diversifying the Economy and Strengthening the Workforce, Goal 4, "Corpus Christi is a community of choice for talented entrepreneurs and professionals;" Strategy 2: "Promote a community culture that embraces diversity, values new ideas, and welcomes new residents" and Strategy 4: "Encourage the development of cultural/artistic activities and programs that will promote the city as the cultural center of South Texas" • Future Land Use, Zoning, and Urban Design, Goal 1, "Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life," Strategy 2: "Promote the stabilization, revitalization and redevelopment of older neighborhoods"Also Goal 3, "Corpus Christi has well-designed neighborhoods and built environments;' Strategy 3, "Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods" • Corpus Christi Historic - • EXISTING HISTORIC PRESERVATION PROGRAM The City of Corpus Christi's historic preservation program follows the structure outlined in the National Historic Preservation Act of 1966 (NHPA).The City of Corpus Christi currently participates in the National Park Service's Certified Local Government program, which requires it to: • Enforce state legislation and local ordinances for the designation and protection of historic properties. • Establish and maintain a qualified historic preservation review commission. • Maintain a system for the survey and inventory of historic properties. • Provide for adequate public participation in the local historic preservation program, including nominating properties to the National Register of Historic Places. In Corpus Christi, as in most cities, historic preservation is managed through zoning. Because zoning primarily manages the use of a property(such as "single-family residential"), cities add a Historic Overlay that invokes the rules set forth in the historic preservation ordinance but does not restrict use. CITY WEBSITE The Development Services Department has been taking steps to improve its historic preservation web presence, and should continue to consolidate and develop more explanatory information about the City's historic preservation ordinance and programs in under the Landmark Commission link on the Development Services webpage (cctexas.com/ landmark). City of Corpus Christi Interactive Landmark Viewer &-bpm. Local State National acn`n,ai a m „ee, M ti r, ®,=a,m.e,,, esri asm ma•« •.• -� __ •- ae.c,m,,.wcaemeN.P,Nen.uses Figure 1. Screenshot of Corpus Christi Landmark Viewer in June 2021 (McDoux Preservation) Corpus Christi Historic - • 2021 17 Many cities provide a helpful graphic to illustrate the Certificate of Appropriateness Application process, such as this one, from the City of Austin. oF ALsr� HISTORIC REVIEW PROCESS Applications for Certificates of Appropriateness Required for Historic Landmarks and Contributing Properties °DIN'°E° '0 and New Construction in Historic Districts (Local) Submit Historic Review application to Historic Preservation Office If the project does not visually affect the May take property's historic character from an up to adjacent public street,staff may 5 BUSINESS administratively approve: DAYS •One-story addition with<600 sf gross floor area Historic Preservation Office determines •Second-story rear addition to two-story review type needed building,if addition is not visible from street •Pools,decks,and fences See Land Development Code section 25-11-212 for more information. Eligible for administrative approval Ineligible for administrative approval May take up to 75 DAYS Referral to Historic Landmark Commission from date of first Staff approves application for public hearing and review Historic Landmark Commission meeting r The Certificate of Appropriateness Proposed project meets applicable Review Committee provides detailed historic review standards feedback on proposed plans. You are not required to attend,but many people find the committee's Historic Landmark Commission feedback helpful.You can attend approves application (associated efore or after submitting an pplication,and there is no fee. of I Certificate of Appropriateness is released IF Completed by applicant Completed by Historic Preservation Office View submission deadlines here. Completed by Historic Landmark Commission Figure 2. The City of Austin's Certificate of Appropriateness process flowchart(City of Austin) 18 Corpus Christi Historic - • HISTORIC PRESERVATION ORDINANCE Corpus Christi's Preservation Ordinance is located in the Unified Development Code (UDC) (2.6, 3.4, 3.15, 3.16, and the City's Municipal Code (2-204 through 2-214). We reviewed the preservation ordinance and found that, overall, it is generally ineffective and does not reflect best or even typical practices. If the City wants to preserve historic properties, it needs to stand behind the Landmark Commission's decisions, which are not currently binding. Issues with the ordinance include: • Preservation ordinance language is scattered throughout the UDC, rather than being in one place, where it would be easy to find. Having to piece the regulations together between the Municipal Code and the UDC is burdensome and confusing for the public. • The ordinance lacks an introduction or"purpose" section and a list of definitions. • Throughout the UDC, the City talks about coordination between permitting and the Landmark Commission, but it is not clear what system currently alerts planners or other city staff that a project or action must be reviewed by the Landmark Commission or how that is supposed to work. • City staff have no option to administratively review applications for a Certificate of Appropriateness for minor projects, which would save significant amounts of time for staff, commission, and property owners. • The Review Criteria for Certificate of Appropriateness (Section 3.15.3) are not helpful and do not offer any additional guidance past what the Secretary of the Interior Standard's for Rehabilitation provides. However, the SOI standards are not designed to be prescriptive or used for design review. Citizens, commission members, and City staff would benefit from clear and consistent guidance. • Penalties for being in violation of the ordinance are defined in Article 10 of the UDC. • The ordinance includes a demolition by neglect section (6.3.9 and 6.3.10), but it is very weak and does not appear to be effective. Corpus Christi Historic - • 119 LANDMARK COMMISSION The Corpus Christi Landmark Commission is essentially an advisory body, due to the language about its role and limits of its authority currently contained in the historic preservation ordinance. The original 1974 ordinance established the Landmark Commission's responsibilities: • Create a Preservation Plan. • Serve as a resource to property owners and provide comment on Capital Improvement Projects involving landmarks. • Consider and recommend to Council the acquisition of landmark resources, if there is no other way to preserve them. • Recommend designations and design review decisions to the Planning Commission, including review of"signs and other improvements" and the removal of mature trees and planting new ones. Design review is a function of a Landmark Commission, but not typically in a purely advisory role. • Review and comment on all applications to the Board of Adjustment involving historically designated properties.This is not typically where a landmark commission fits into the review process. The Commission's current constraints include: • If the Landmark Commission denies a Certificate of Appropriateness, the owner is required to wait 90 days before proceeding.(In Houston, between 1995-2010, a similar ordinance resulted in the wholesale destruction of historic buildings and damaged the integrity of historic neighborhoods.) • If a Certificate of Appropriateness for Demolition is denied, the owner may simply wait out the 360-day stay on demolition and then more forward. • Members of the Landmark Commission are required to undergo training provided by the City prior to starting their term. Commissioners are also required to take a training every two years; however, it is not clear what this entails,for either initial or ongoing training. Landmark Commission members are preferred, but not required, to have experience in one or more of the following categories: historians, licensed real estate salespersons, architects, structural or civil engineers,title search business, property surveyors, or members at-large. No one profession may constitute a majority of the membership.This ensures that the Landmark Commission is made of up qualified individuals with the expertise needed to serve the community in this role. The Landmark Commission has 11 members, the numerical composition of which "shall correspond to the ethnic, gender, and economic distribution of the city according to the last 20 Corpus Christi Historic - • Federal Census report."We analyzed data from the last decennial census in 2010 against the We evaluated the make-up of the current commission as follows: Demographic Population % Target#for Commission Female 50.5% 6 Male 49.5% 5 Hispanic 63.2% 7 White/not Hispanic 29.5% 3 Black 4.1% 1 either Black or Asian Asian 2.3% Above median per capita 50% 6 income of$28,025 Below median per capita 50% 5 income of$28,025 It appears that the female/male proportion is on target, but it is likely that neither the ethnic or economic distribution targets have been met. People with different cultural backgrounds and income levels can bring a variety of perspectives to the work of the Commission.A training and development program for people interested in serving could be promoted through outreach to influencers and target populations. Corpus Christi Historic - • 2021 21 This page intentionally left blank. 22 Corpus Christi Historic - • COMMUNITY ENGAGEMENT AND INPUT This data-driven, community-driven planning process has produced recommendations that reflect the wishes of Corpus Christians who chose to participate in it. We recognize that those nearly 800 individuals, although statistically representative of the larger City population in terms of raw numbers, do not proportionally reflect the diversity of Corpus Christi. Specifically, participation in the community opinion survey was relatively low for people who consider themselves Hispanic/not White, and for African Americans. One of the goals identified later in this document is a commitment to include under-represented areas in historic preservation activities and results for all members of the Corpus Christi community. COMMUNITY OUTREACH In order to make the community aware of this project and encourage participation, McDoux developed a public engagement plan that included press releases, social media posts, regular information updates on the City's website(including a separate webpage just for this project), and three community meetings.The press release prior to the community opinion survey was translated into Spanish and resulted in a news segment on the local Telemundo Spanish-language television station. Promotion for the community opinion survey also included the use of the City-managed electronic billboard on the Crosstown Highway (SH 286). D,D -0:48 r ZHay algun sitio an Corpus Christi qua consideras histdrica?La ciudad quiere saber Figure 3. Screenshot of Telemundo news segment featuring the Corpus Christi preservation plan (McDoux Preservation) Corpus Christi Historic - • COMMUNITY MEETING #1 The purpose of the first meeting was to tell the community about the project and how they could participate, and to gather feedback. McDoux Preservation consultant Steph McDougal made a virtual presentation to the Landmark Commission during a public hearing on October 25, 2020.The meeting was livestreamed and recorded for later viewing on the City's YouTube channel. Following her presentation, McDougal took questions from the audience,which could be submitted via email, phone, or Facebook. Several hundred people tuned in for the meeting in real time and more than 100 additional views of the video took place later. CTYOF • PLAN November 9 2020 r��oux PRESERVATION COMMUNITY MEETING #2 The second meeting took place on April 8, 2021. Following the Stakeholder Interviews and Community Opinion Survey, Ms. McDougal returned to present the results of those research efforts and next steps for the project, and to gather feedback from the community. CITY OF • " HISTORICPRESERVATION 'LAN 2021 COMMUNITY CA APRIL 8,2021 1 ' PRESERVATION LLC COMMUNITY MEETING #3 Afinal community meeting took place on June 24, 2021.The purpose of this meeting was to review the Draft Preservation Plan with the community, answer questions, and gather feedback. CITY OF • " HISTORICPRESERVATION PLAN 2021 COMMUNITY JUNE 24,2021 M9D9UX PRESERVATION LLC 24 Corpus Christi Historic - • STAKEHOLDER INTERVIEWS The first part of the research effort forth is project included talking directly to individuals to learn what the community values and whether/how residents wish to engage with historic preservation as a potential tool to accomplish their goals. Stakeholders selected for this activity included those who are already involved in historic preservation, such as members of the Landmark Commission or the Nueces County Historical Commission; business owners, architects, developers,civic and faith leaders, and homeowners; and members of different ethnic communities. METHODOLOGY With help from the City and the public, McDoux assembled a list of stakeholders to potentially interview. Because the resulting stakeholder list was so large,the consultants were not able to talk to everyone who was brought to their attention during this part of the project. During Fall 2020, McDoux conducted telephone or Zoom interviews with a total of 20 stakeholders. FINDINGS Who was interviewed? Interviewees were asked for their ZIP Codes; they live in many areas of the city, as shown in the map below. 835E ]838] ]8398 + ]e __.18 X361 ]83]8 .,. r—I I F ]833 783 tti �r Lrt✓ 6: 7-0 *7.— !/ t]8006 ]H495 ]HCOC ]g3 3./ ]H38o \� O / 6019 --' ]8013 O1 ----_-- ]8M �l�\ Corpus Christi Area Zip Codes .W..o .,...,.. o Figure 4.ZIP Code map of Corpus Christi, annotated to indicate the approximate ZIP codes of interviewees(City of Corpus Christi,annotations by McDoux Preservation) Corpus Christi Historic - • Although we did not specifically ask interviewees to self-identify with an ethnic group, we sought to include White/Anglo, Hispanic, Black,Asian, and Native American/Indigenous people, as well as organizations that are led by or serve those populations. In some cases, the diversity of the pool of interviewees was affected by other factors, since we were also trying to engage people identified as primarily homeowners, business owners, architects or developers, those affiliated with nonprofit organizations,faith or community leaders, etc.The composition of the list of stakeholders developed in partnership with City staff,the response rate of individuals, and the limited number of interviews within our scope of work, also affected our ability to interview a selection of people who reflect the population of Corpus Christi. Corpus Christi Demographics(2019 estimate)vs.Interviewee Demographics Ethnic Group City Pop. % # Invited % Invited # Interviewed % Interviewed Indigenous 0.5% 1 3.3% 1 5.0% Black 4.1% 5 16.6% 4 20.0% Hispanic 62.9% 11 36.7% 4 20.0% White/Anglo 29.8% 11 36.7% 9 45.0% Asian 2.2% 1 3.3% 1 5.0% Undetermined 0.5% 1 3.3% 1 5.0% Total 100% 30 100% 20 100% What did they say? Interviewees provided many helpful comments, suggestions, and insights, which are summarized as follows. A Vision for Corpus Christi. Citizens told us that they want Corpus Christi to have a strong sense of identity, or—in marketing terms—a distinctive "brand"that is reflected in its physical fabric. Several people mentioned the city's potential to become an "innovation hub" while others were interested in exploring the tourism potential associated with the city's concentration of downtown Mid-Century Modern architecture. Recognition.Although it was not necessarily articulated explicitly, a common thread running through interviewees' answers was a desire for the history of their family, neighborhood, ethnic group, or contributions to the Corpus Christi community to be recognized by the City in a meaningful way.The City can draw from best practices in other cities and ask the community to indicate which options would be most appealing to them. "I recognize that other priorities take precedence over historic preservation, but our history and culture allow us to promote Corpus Christi to visitors, which is a huge part of supporting improvements to our infrastructure." 26 Corpus Christi Historic - • Downtown Revitalization. Many stakeholders commented on a need for the City to be more proactive about encouraging downtown revitalization. Examples of Successful Preservation Activities. In response to various questions, interviewees told us that they felt the community at large would need to see preservation having a positive impact before they would become interested or support preservation- related activities.We agree that examples of success in one's own backyard can be the best way to promote civic initiatives.This can also help to focus staff's efforts, collaborations with community partners, and grant-seeking or the City budgeting/funding process Vacant Buildings.Vacant buildings are a major concern for stakeholders, and they shared several different ideas for addressing this issue, both downtown and in residential neighborhoods. Awareness-Building and Education. City staff and officials, as well as members of the community, need accurate information about historic preservation-related topics, not least to dispel misconceptions about how preservation works. The Corpus Christi Literacy Council reports that 17% of Nueces County residents—nearly one in five people—are functionally illiterate. Census data indicates that, of adults over the age of 25 in Corpus Christi, nearly 25% have less than a high school education, more than 40% do not speak English at home, and more than 12%(mostly Spanish speakers) self-report that they do not speak English well.The City needs to plan how it will reach all segments of the population and make information accessible to everyone. City staff and officials also would benefit from learning more about historic preservation so that they can provide accurate information to residents and can make better-informed decisions. ,.� Y IFF \ \ •� 63 l ,�` Better Communication. Stakeholders told us that the City could communicate with them more often and more effectively. For example,the City has been taking steps to improve its website to make information about historic preservation and the contents of the historic preservation ordinance easy to find.This should continue. We also heard stakeholders say that staff could take more of a problem-solving approach to helping property owners prepare for or resolve issues with Certificate of Appropriateness applications. Interest in Historic Preservation.We heard over and over again that people in Corpus Christi are "apathetic" or that they do not know about or care about historic preservation.We used that input to explore this further in the community opinion survey. Obstacles to Historic Preservation. In addition to misconceptions about historic preservation and how it works,the community faces other challenges, including a lack of qualified local contractors, which may make it difficult to pursue historic preservation projects. Skilled-trades training programs.The lack of qualified contractors to work on historic buildings was a hot topic among stakeholder interviewees. In cities with a strong preservation ethic, it is common for skilled-trades educational programs to partner with local nonprofit organizations and others to provide students with valuable hands-on field experience. Preservation Partners. It was clear that the stakeholders recognized the need for community organizations to collaborate with the City on preservation activities.We also heard that they perceived a gap in leadership and a potential opportunity for a new nonprofit organization or coalition of existing organizations to come together and lead these efforts.We agree that City governments are best equipped to be successful in historic preservation when they have strong and engaged community partners. Ordinance and Commission Authority. Stakeholders were interested in changing the historic preservation ordinance so the Landmark Commission would have the ability to deny incompatible alterations or demolitions. In addition to the 20 stakeholder interviews, McDoux consultants spoke to an additional five people and received suggestions for many more who could be of assistance or are influencers. "We can't neglect one side of town and have the other side beautiful, and then expect the community to respect where they live when we've done nothing for them." 28 Corpus Christi Historic - • COMMUNITY OPINION SURVEY Based on anecdotal information gathered during the stakeholder interviews in Fall 2020, McDoux developed and deployed a community opinion survey in January 2021.The purpose of this survey was to obtain directional data to inform the development of the Historic Preservation Plan. In order for the Preservation Plan to appropriately represent the entire community, it was critical to make sure that everyone who wanted to participate could do so,without regard for language, literacy, Internet connectivity, or computer access. METHODOLOGY Working closely with the City's Development Services staff and Public Information Office, McDoux created a survey engagement plan to promote participation to the entire Corpus Christi community.The survey document explained the preservation plan project and the purpose of the survey, provided basic information about historic preservation, and collected demographic data.The survey asked five questions about historic buildings and places, under the heading, "What do you care about in Corpus Christi?"; seven questions asking the respondent's opinion about historic preservation in Corpus Christi; and eight questions about the City's role in managing historic resources.The final two questions were open- ended, and asked, "What neighborhoods should be considered as a potential historic district?" and "What else do you want us to know?" The survey was available in both English and Spanish, online and as paper copies at City Hall (utility payment windows) and at all branches of the public library system. Librarians also were available to help library users access the survey on public computers and to provide assistance, if needed,to complete the online or paper surveys. eBecause the illiteracy rate in Nueces County is relatively high, Development Services offered a telephone option, during which the survey would be read to the respondent and their responses - recorded by City staff. The survey was promoted to the community through the City website; multiple City social media posts to Facebook,Twitter, and Instagram; flyers posted at City offices and library branches; a billboard on the Crosstown Expressway (SH 286); press releases to the media; and a news segment on Telemundo in Corpus Christi. A boost to one of the Facebook posts midway through the survey response period was very effective, increasing the daily response rates by 6-10 times over the previous week. Development Services staff personally delivered flyers and surveys to a small number of Mexican restaurants around the city in an effort to reach members of the Hispanic community and, in one case,to a City staff member's neighbors, many of whom completed and returned their responses in paper form. All paper copies of the completed survey were returned to Development Services, scanned, and emailed to McDoux for manual data entry into SurveyMonkey; the data was then exported and analyzed. Corpus Christi Historic - • • COMMUNITY SURVEY RESULTS In addition to answering our questions, survey participants provided more than 12,500 unique comments! Two-thirds of the 752 respondents indicated that they support historic preservation activities in Corpus Christi and want to see the City do more to enable preservation of the city's built heritage. Citizens of Corpus Christi were clear in their direction for the City's historic preservation program, as expressed in the 2021 Community Survey.They told us that: • They support historic preservation in Corpus Christi • They enjoy traveling to and staying in historic downtown areas where many revitalized buildings offer a variety of dining, entertainment, and shopping options, particularly at "small local shops." • The Ritz Theater was most frequently mentioned as the building that Corpus Christians would like to see placed back into productive use. It could serve as a catalyst for a potential entertainment district. • The Old Nueces County Courthouse and the lack of forward movement on that project, has become a symbol of the state of historic preservation in Corpus Christi. Many respondents would like to see it repurposed into something that adds value to the community. • The City's demolition of Memorial Auditorium is still a sore spot for many residents. • A few comments mentioned buildings being allowed to become dilapidated.Whether that is the City's responsibility or not,citizens clearly think that the City is either allowing that to happen or should be taking steps to address the rundown conditions of many buildings, particularly(but not exclusively) in the downtown area. • The City needs to provide more outreach and information about historic preservation programs and how they work.(Note: The Preservation portion of the City website has improved dramatically since this project started.) • Corpus Christi should be a welcoming destination for both tourists and locals. • In order to attract and keep more young people, professionals, and tradespeople,the City needs a more diversified economy that is not so dependent on the oil and gas industry; however,this will require good schools, infrastructure, etc. in order to attract businesses and corporate offices. • This area lacks qualified tradespeople to do the work of historic preservation, and sourcing skilled labor from other cities makes projects more expensive. More than 350 people said they would like to become more involved in historic preservation in Corpus Christi, and 239 of them provided either an email address or telephone number so that they could be contacted. 30 Corpus Christi Historic - • • The City should prioritize existing neighborhoods at least as much as new development. People currently living in existing neighborhoods should be able to stay there, but with the same level of services provided to newer neighborhoods. • Respondents want the City to protect historic neighborhoods and buildings that property owners have voluntarily designated as historic districts or landmarks, including the authority to potentially deny inappropriate changes to or demolitions of locally designated historic buildings. • Any new regulations should be reasonable and clearly communicated to property owners and prospective buyers (such as through the adoption of clearly written and illustrated design guidelines specific to a historic district). • Residents need consistent and clear communications from the City that includes accurate information about historic preservation and the benefits and responsibilities of historic designations. • If the City provides anyfinancial incentives (including but not limited to Hotel Occupancy Tax funds)to encourage preservation activities, those should only be available to qualified applicants, distributed equitably without encouraging gentrification or the displacement of existing homeowners, and should prioritize the repurposing of vacant buildings. downtown areaand seawall are • . • - - sprawling suburbs looke any suburb of - z. 77, I aw Ver Val Vic-M Corpus Christi His • Preservation Plan 2021 31 TOP POTENTIAL HISTORIC LANDMARKS (as identified in the Community Opinion Survey, with number of mentions) 1. Nueces County Courthouse (135) 2 Heritage Park(45) 3. Ritz Theatre (43) 4. Downtown buildings generally(33) 5.Art Museum of Southern Texas (13) 6. Corpus Christi Cathedral (12) -. I NIT,� � 114;T-'�Y.,-•, I� - -"� L , . I a, a �- - Y � U 3 0) o . � R An c _ r tiv .f O i t � r:; 6 �o �. Y �� sa�� Y `i' • W I �* 0) ANI i�u TOP 12 NEIGHBORHOODS THAT SHOULD BE HISTORIC DISTRICTS (according to the Community Opinion survey) Downtown Del Mar Uptown (Central City) Ocean Drive Morningside Northside/Hillcrest/ Washington Coles Saxet Heights/ Lamar Park Bessar Park Oak Park Six Points Westside Furman Avenue s G r Sgid!n S a Srep,s S[ 0 o.s M„e5 Historic Neighborhoods Figure 5. Map of historic neighborhoods identified as high priorities for preservation in the Community Opinion Survey(City of Corpus Christi) Corpus Christi Historic - • "This city can re-establish itself as the jewel of the Gulf Coast and bring tourism back. We need to cut out the decay and modernize. Provide favorable tax incentives for businesses, reimagine what downtown can be, and make it a destination that is safe and family-friendly. Also, rein in the property squatters who are not doing anything with their properties." VISION, GOALS, AND IMPLEMENTATION Recognizing that, over the years, the City of Corpus Christi has identified opportunities for historic preservation but did not act on most of them, the Vision, Goals, and Strategies presented here are designed to be clear and actionable and to reflect the wishes of the community as expressed in the stakeholder interviews and Community Opinion Survey. The Implementation Guide presents a stepwise approach to accomplishing these Goals, showing which items the City should start with and how it should proceed. Each Strategy includes an explanation of best practices and what needs to be done, as well as a list of Action Items, Responsible Persons, Resources Required, and Prior Preservation Activities Required to be completed before that Strategy begins, as well as Case Studies of other cities where similar programs have been successfully implemented.Action Items are numbered continuously throughout this Plan for clarity. Of course, the City's actual sequence of activities will depend on and be influenced by factors outside the control of Development Services and the Landmark Commission.Therefore,these are illustrative examples of how the City might proceed, rather than prescriptive instructions for how it must. VISION N By 2030, historic preservation in Corpus Christi will support a vibrant, multicultural 4. community enjoyed by residents and visitorsx.; alike, with a thriving downtown, diversified economy, updated infrastructure, and equitable �. . JCA" investment in new and legacy neighborhoods. v � s n _. r r.,f y u Figure 6. Historic district downtown Pensacola, Florida (Michael Warren, iStock 1 192938889) Corpus Christi Historic - • GOAL • Enable • • • • community- driven his • - • - • • STRATEGY 1: Hire a full-time STRATEGY 6: Improve the STRATEGY 11: Promote historic preservation officer. City's historic preservation historic preservation as an website to make information economic development tool. easier to find. STRATEGY 2: Update STRATEGY 7: Improve STRATEGY 12: Fix the vacant the historic preservation community outreach and building ordinance,which ordinance to add Protected standardize the public now encourages demolition Landmarks and Protected engagement process. instead of adaptive reuse Historic Districts where the and/or re-purposing. Landmark Commission's decision is binding (although appealable). STRATEGY 3: Update the STRATEGY 8: Support the STRATEGY 13: Invest in Landmark Commission bylaws creation of a local nonprofit historic resources surveys and training requirements. organization to partner with and multi-property listings the City, individual residents, to the National Register of and other organizations on Historic Places. preservation activities. STRATEGY 4: Plan for STRATEGY 9: Include under- STRATEGY 14: Develop disasters, including represented areas. local tax incentive programs preparation, response, to support historic and recovery process, and rehabilitation. help individuals develop and implement their own preparedness, resilience, and recovery plans. STRATEGY 5: Develop STRATEGY 10: Work with STRATEGY 15: Develop walking tours of historic Nueces County Historical facade improvement areas in partnership with the Commission to develop programs to support historic City Convention and Visitors a thematic approach to rehabilitation. Bureau and the Downtown new historical markers that Management District(DMD). supports heritage tourism. STRATEGY 16: Support a few select projects to demonstrate preservation's potential to spur economic g rowth. 36 Corpus Christi Historic - • ru •'' � a/ ,�- r T *r + e,1,'. a r f 5:�ItR'.- v �`-„',r 4'. " . , ".K'r' 1. '-.� }� S��a �. d :.l s� v;,r„/ 4"'� 'R ;.aK: .i-.�+' :? "'3 �•`�.Ci"� 7 �KY `� '•,.7, r"7iF-a. "vi i� y 3 � r �• r ;l+ai - - 'ai' r`: p '_ r.r¢ + ,A'•s jrl d) f 1 X � 1 1 AK ti' rt A- ✓S ■ - _n;y*^�P 1 rvax - v � 4'� f�'f 1��G c�y�� r� svlk 41 IN r ; y,o fi St t ', ' ., 3 F +•. ,F re10a - �t ... , . �� „ii� f•'� 7 � F � i � !i 3i1 IVA LI BUILDCITY CA- PAC ITYt� 1 _ v'FOR H $TORIC PRESERVATION i r _ ." ii. ti i �� `•.��` "�� T �' / ''&die,.;. a",�'- ''..}� ...'., a ,. This page intentionally left blank. 38 Corpus Christi Historic - • STRATEGY 1 : HIRE A FULL-TIME HISTORIC PRESERVATION OFFICER This position should be filled by a preservation planner who meets the Secretary of the Interior's Standards for Professional Qualifications in Historic Preservation as outlined in 36 CFR 61 (see following page). The ideal candidate will have experience with ordinance revisions, commission training, historic resource surveys, National Register nominations, and working collaboratively with the Texas Historical Commission, County Historical Commissions, other state agencies and city departments, and a preservation-focused nonprofit partner. Once a full-time historic preservation officer is hired, that person can dedicate 100% of their time/responsibilityto implementing the historic preservation plan. ACTION ITEMS 1. Develop a new Preservation Planner position description.The position description should explicitly call out basic requirements for preservation education and experience, as well as preferred characteristics. McDoux's experience with other cities has shown that using a generic planning position description will result in applications from candidates who do not have the preservation qualifications needed, which wastes everyone's time. 2. Post the position nationwide.To reach experienced preservation planners,the City should post this opportunity to the PreserveNet job board and the Historic Preservation Professionals group on Facebook, as well as sending it to university preservation programs,which can circulate it to their alumni.All of those options are free of charge. RESPONSIBLE PERSONS Assistant Director of Development Services RESOURCES REQUIRED Human Resources assistance to create a new job description PRIOR PRESERVATION ACTIVITY REQUIRED None F., .irwll u M .,. L irk . 00 THE SECRETARY OF THE INTERIOR'S STANDARDS FOR PROFESSIONAL QUALIFICATIONS IN ARCHAEOLOGY AND HISTORIC PRESERVATION (Find this information online at https://www.nps.gov/history/local-law/arch_stnds_9.htm.) The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61.The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: • At least two years of full-time experience in research,writing,teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or • Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. 40 Corpus Christi Historic - • Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history, or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: • At least two years of full-time experience in research,writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or • Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: • At least one year of graduate study in architectural preservation,American architectural history, preservation planning, or closely related field; or • At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Archaeology The minimum professional qualifications in archaeology are a graduate degree in archeology, anthropology, or closely related field plus: • At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management; • At least four months of supervised field and analytic experience in general North American archaeology, and • Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period.A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period. This page intentionally left blank. 42 Corpus Christi Historic - • STRATEGY 2: UPDATE THE HISTORIC PRESERVATION ORDINANCE The City's historic preservation ordinance language can be found in two different locations: the Unified Development Code (2.6, 3.4, 3.15, 3.16), and the City's Municipal Code (2-204 through 2-214).All of this language should be consolidated into a single ordinance. In addition,the Corpus Christi preservation ordinance is very weak compared to most cities in Texas.As currently written,the preservation ordinance only serves to slow down alterations to historic landmarks or the demolition process.An owner need only wait out the 90-day waiting period for Certificates of Appropriateness for alterations, or the 360-day stay on demolition, and then they can move forward with their plans.This provides no protection to historic resources and leaves neighborhoods vulnerable to incompatible development. Rather than changing the rules that apply to existing local landmarks,the City should create a new option that gives property owners the ability to be assured of protections for their historic properties or neighborhoods. In addition,the preservation ordinance treats the position of Assistant City Manager over Development Services as the Historic Preservation Officer(HPO). In a city the size of Corpus Christi, a position should be dedicated to running the preservation program.The role and duties of this position need to be defined in the ordinance, and to meet the requirements of the Certified Local Government program, the person in this position should meet the Secretary of the Interior's Standards for Professional Qualifications as outlined in 36 CFR 61. ACTION ITEMS 3. Plan and carry out a fair and transparent ordinance update process incorporating robust public outreach that follows the City's standard community engagement process as defined in Strategy 7. 4. Update the ordinance based on the sample ordinances provided by the THC's CLG program to ensure that the City will not be out of compliance with that program.The City has a customizable ordinance development template created by McDoux,which the Texas Historical Commission shares with cities that wish to become Certified Local Governments. It includes all of the important basic regulations, including economic hardship and demolition by neglect clauses.The only thing to be added is the ability to designate Protected Landmarks and Protected Historic Districts, in addition to regular Landmarks and Historic Districts.This leaves the 90-day/360-day delay in place for Landmarks that were designated under those terms. • Consolidate the preservation ordinance.All of the City's preservation ordinance language should be in one place. Having to piece the regulations together between the Municipal Code and the UDC is burdensome and confusing for the public. Once the ordinance is in one place, add an introduction or"purpose"section. • Define the role and qualifications for the historic preservation officer. • Create new designation options that strengthen protections for historic properties. This should include a "Protected Landmark" and "Protected Historic District"; for these properties, the Landmark Commission's denial of Certificates of Appropriateness for alterations or demolition would be binding, although it could be appealed. For clarity, the ordinance should treat the process for designating a Protected Landmark separately from the process for designating a Protected Historic District. This new section of the ordinance should be written so that a property is treated and protected while the designation application is being reviewed by the Landmark Commission, Planning Commission, and City Council. • Remove language that treats City Council's inaction after six months as a denial of designation. • Add language that gives the Landmark Commission the authority to review new construction in a historic district or Protected Historic District, specifically scale and massing, to ensure that the historic character of the district is maintained while allowing redevelopment. Any changes to the historic preservation ordinance should be made with participation, input, and feedback from the community, which will require providing them in advance with the information they will need to share informed, thoughtful opinions. RESPONSIBLE PERSONS Historic Preservation Officer Landmark Commission RESOURCES REQUIRED Funding for public meetings and other community engagement activities, such as letters to property owners of existing landmarks and in potential historic areas. Administrative staff support for mailings, compilation of citizen comments, and other clerical tasks Assistant Director of Development Services support to regularly brief Planning Commission and City Councilmembers PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 6: Improve the City's Historic Preservation website. Strategy 7: Improve community outreach and standardize the public engagement process. 44 Corpus Christi Historic - • 2021 CASE STUDY: HOUSTON,TEXAS The City of Houston's historic preservation ordinance was adopted in 1995, and for a decade, if a property owner wanted to alter or demolish their building and the Historic Commission denied the application,the applicant only had to wait 90 days before moving ahead. For 15 years, many historic buildings were lost or inappropriately altered, particularly in neighborhoods around Houston Heights,where bungalows were routinely relocated, razed, or overwhelmed by gigantic additions. In 2010,the City updated the historic preservation ordinance to create a Protected Landmark designation that does not include a 90-day waiting period and instead makes Historic Commission decisions binding (with the option to appeal).The City already had a Protected Historic District in Old Sixth Ward, where protections have preserved the city's oldest surviving neighborhood. Today,the City of Houston has designated more than 400 historic landmarks and 22 historic districts, including the 1,200+-home mid-century Glenbrook Valley subdivision,the largest subdivision ever listed on the National Register of Historic Places. sxAA'rwfAraEJr� — a e a NpAJgroAr .4:r+-s L ' es;w,s� HEJ6J4T3 EA 5T w Cw.A<"51 r it 4Y'�dl,.'x'S1 O:Yfgn$I y i WEST FiEtli<F P+'Ni+n: V{��5:'r � .. z HEJGJiT'f • -" VAOmAiv +fOU5T9N CwFRMANrOtY 1' iOUTrF1IoLfris ! 'J'.RCi1A44'D y ' 11.'• M1GM Q, w"azr.rplc,+Mr c � P. fTLOARD w G'nrr Si ,. n AWMhALE N'E5r AVONDALE 1 FAST . c ` LcnQ"EK. ryCQLJffF1f,AN0 `:�,,. RACE ,,. AVCP P1AGf WFSMORHAN8 wAeasen"�5- caMAfows "LLEV M� 9Rf?.AJ�7CAFS BOULava�ubWay 5H.Ao9W -. �SYxM1si. It"PLACE {AWN ( 0 025 8 5 q r Myy, 44 City of Houston Historic Districts This page intentionally left blank. 46 Corpus Christi Historic - • STRATEGY 3: UPDATE LANDMARK COMMISSION BYLAWS AND TRAINING REQUIREMENTS Ongoing preservation education and training helps Landmark Commission members make better-informed decisions on local designations and design review.This in turn leads to better outcomes for the City and for the applicant requesting a Certificate of Appropriateness (COA).Training is so important that the Texas Historical Commission (THC) requires each commission member to attend at least one training each year to maintain standing in the Certified Local Government(CLG) program, in which the City of Corpus Christi participates. Many different types of training are offered, including some at no cost or very low cost to the City. The City is responsible for ensuring that commissioners have access to quality preservation education. For example: • In the agenda for each Commission meeting, list a few preservation training links for the commissioners to review independently. • The National Trust for Historic Preservation has multiple webinars each month that could be included.The THC's CLG webpage also has recorded webinars under the section "Preservation Boot Camp"These resources are extremely helpful.Try assigning a webinar to the commission and then discussing its content at the next meeting. During slower months when the commission has fewer Certificate of Appropriateness applications to review, they could watch a webinar or training video together and then discuss. • Ask the Texas Historical Commission to present training on a topic that particularly interests or troubles the commission. Having an expert in the room to answer questions is invaluable, and the THC will provide these services for free. • Attend a National Alliance for Preservation Commission (NAPC) Commission Assistance and Mentoring Program (CAMP).Typically, NAPC offers a handful of these around the state of Texas each year, and they are usually open to outside organizations for a fee.The City of Corpus Christi might also decide to host a CAMP training to discuss challenges specific to the commission. • In the past six years,the THC has offered travel stipends to support commission member's attendance to "FORUM," NAPC's biennial national preservation conference. City staff should be in regular communication with the THC's CLG staff about opportunities like FORUM and CAMP so they are able to update commissioners of the latest training opportunities. ACTION ITEMS 5. Update the commission's bylaws to clearly state the requirement for new commissioner training and any ongoing or periodic training that will also be required. 6. Standardize new commission member orientation. Currently, new Landmark Commission members are required to undergo City-led training prior to their first meeting. Many appointees to the preservation commission are likely to be unfamiliar with best practices in preservation, design review, and the City's preservation ordinance. Currently, staff must lead a thorough training for new commission members each time someone new is appointed.To standardize this process, compile necessary information in a binder or flash drive, including (but not limited to)the City's preservation ordinance,the commission's bylaws, the Secretary of the Interior Standards for Rehabilitation, a sample Certificate of Appropriateness application and staff report, any applicable design guidelines or standards, and local, state, and national resources for additional information. 7. Require annual training for commission members. Per the preservation ordinance, Landmark Commissioners are currently required to attend one training every two years; however,the CLG program requires training every year. 8. Establish a design review committee to participate in consultation with applicants. Cities with a high volume of COA applications, or situations with recurring issues in design review,find it helpful to meet regularly between monthly commission meetings.This group is often referred to as the Design Review Committee and is made up of the Historic Preservation Officer, two or three members of the historic commission, and applicants who are thinking about applying for a COA. In this less formal setting,the applicant can bring conceptual designs, ideas, and questions to the committee for discussion before making major decisions or expending resources(on both the City and applicant's part). These meetings are also beneficial to commission members who can closely examine and explain the design standards to the applicant. Solving design challenges together before the commission meeting improves both applicant's experience and the likelihood that their application will be approved. 9. Regularly take commissioners on a tour of recent projects. Commissioners can become more effective at design review by visiting a recently completed project for which the commission approved a COA. By considering what they expected the end result to be, and comparing that to what actually happened, commissioners can better understand how to translate drawings and descriptions to finished construction.The City of Houston has employed this activity as part of commission training and has called it"eye-opening" During the tour,which can take place in the public right-of-way and does not require access to the property, allow time for commission members and staff to take photos and discuss what they expected from the design review process and what they are observing. This activity also may help to identify changes to be made in staff reports or information required/requested from the applicant as part of the COA. RESPONSIBLE PERSONS Historic Preservation Officer Landmark Commission RESOURCES REQUIRED Staff time to coordinate and oversee design review committee consultation meetings (although ultimately the total investment of time, effort, and cost is expected to be reduced for all involved) PRIOR PRESERVATION ACTIVITY REQUIRED None 48 Corpus Christi Historic - • STRATEGY 4: PLAN FOR DISASTERS Disaster planning and mitigation have shaped Corpus Christi's history and its built environment.The city's location on the Gulf of Mexico has been one of its main economic drivers over the years, as well as a tourist draw, but also makes the City vulnerable to hurricanes and tropical storms.According to the Nueces County, Texas, Multi-Jurisdictional Hazard Mitigation Action Plan: "Nueces County and the jurisdictions therein are susceptible to a wide range of natural hazards, including floods, hurricanes and tropical storms, drought, extreme heat, lightning, coastal erosion, hailstorms,tornadoes, dam and levee failure, land subsidence, expansive soils, and wildfire.These life-threatening hazards can destroy property, disrupt the economy, and lower the overall quality of life for residence.The impact of hazards can be lessened in terms of their effect on people and property through effective hazard mitigation action planning and implementation. ... Nueces County and the other participating jurisdictions(can) evaluate successful mitigation actions and explore opportunities to reduce future disaster loss" The City of Corpus Christi should strive to proactively implement disaster planning procedures that incorporate historic preservation considerations and preserve the community's historic resources. Personal and public safety are not addressed in these recommendations but should be the primary consideration in a disaster. Individuals should refer to City guidance about public safety through the Office of Emergency Management and the Ready Corpus Christi website. This section uses the following terms that are specific to disaster planning and response: • Risk assessment is the process of identifying threats and vulnerabilities to resources, predicting the severity of foreseeable consequences, and then identifying actions to reduce risk. • Hazard mitigation planning is a process for state and local governments to identify policies, activities, and tools that will reduce the potential for damage from disasters. Mitigation planning takes place before, during, and after disasters. • Disaster response and recovery includes both the activities that take place during and immediately after a disaster(the response) and the longer-term efforts to help a community recover.Agencies at the federal, state, and local level implement procedures as well as provide guidance and funding to assist, respond to, and recover from a disaster. A City's disaster preparedness, response, and recovery involves more than just historic resources, obviously, but community-wide initiatives should be included in comprehensive planning documents. In this section,we focus on how that planning should be customized for historic resources in particular. Major disaster declarations, in which the state requests federal resources, follow these steps: • Local government emergency services are the first to respond to a disaster, often with assistance from neighboring communities and volunteer agencies. • When a local jurisdiction is overwhelmed,the state responds with resources such as the National Guard and state agencies. Damage assessments are taken by local, state, federal, and volunteer organizations to determine losses and recovery needs; • When a state is overwhelmed by a catastrophic event,the governor can request a major disaster declaration based on the damage assessment and an agreement to commit state funds and resources to the long-term recovery; • The Department of Homeland Security,through FEMA, evaluates the request and recommends action to the White House.The President approves the request or DHS informs the governor it has been denied. Assistance may address search and rescue, electrical power, food, water, shelter, and other basic human needs. Source: FEMA, "How a Disaster Gets Declared,"www.fema.gov CHECKLIST FOR DISASTER PREPAREDNESS The National Park Service has identified a four-item checklist for incorporating historic preservation into disaster preparedness, which we have customized in relation to Corpus Christi. • Establish relationships with Governmental Partners and make sure City staff understand the roles of each agency. Federal, state, and local authorities are all responsible for emergency planning and response. At the federal level, the Federal Emergency Management Agency (FEMA) disburses disaster-related funding and provides technical assistance and support to state and local officials. In response to presidentially declared disasters, Congress may make Community Development Block Grant(CDBG)funding available to states, local governments, and tribes through the Department of Housing and Urban Development(HUD). Other federal agencies, such as the U.S.Army Corps of Engineers, have active roles.The National Historic Preservation Act requires that these federal agencies consider the effects of their actions on historic properties through a consultation process involving the State Historic Preservation Office (or SHPO, which in Texas is the Texas Historical Commission), local agencies, and the public. Disbursement of federal funds for demolition and rebuilding are contingent on this review, codified in Section 106 of the National Historic Preservation Act. 50 Corpus Christi Historic - • At the state level,the Texas Division of Emergency Management(TDEM) administers the all-hazards emergency management plan for the state,working closely with local jurisdictions, state agencies, and federal partners. State agencies are also an integral part of the disbursement of federal funds for disaster projects.The Texas General Land Office (GLO) is responsible for determining the method of distribution of CDBG funds, including grant size limits and how funds will be allocated.The Texas Historical Commission (THC) also has disaster recovery funding available and, as the state agency for historic preservation, can be a valuable resource for technical preservation assistance.THC also has Programmatic Agreements in place with FEMA,the GLO, and other agencies to streamline the Section 106 review process for in the aftermath of a disaster. At the county level, Nueces County has worked with the City of Corpus Christi and other entities to develop a Multi-Jurisdictional Hazard Mitigation Action Plan in 2017.The plan integrates hazard mitigation strategies into other planning mechanisms.The Coastal Bend Council of Governments(CBCOG) provides support for the mitigation action plan. While all of these organizations have an important role in disaster planning and recovery,the local government plays the most vital part. In Corpus Christi, responsibility for emergency preparedness falls to the Office of Emergency Management(OEM), whose mission is to minimize loss of life and personal injury as well as damage to property and the environment from disasters. OEM develops and maintains an emergency management plan for the city which addresses all four phases of emergency management: mitigation, preparedness, response, and recovery. The City of Corpus Christi's historic preservation staff should ensure that they are well- versed in these agencies' roles and have met with representatives, as appropriate. During disaster planning, city officials identify sites where response and recovery personnel, equipment, and activities can be accommodated (such as staging utility crews or storing debris removed from roadways). Historic preservation professionals and/or archaeologists can help identify appropriate sites for these activities that will not negatively impact historic resources. H�4PVEPACTS EY'S I ,� ^ •Into Wednesday Catastrophic flooding •' �.. • Damaging winds Isolated tornadoes Lengthy power outages �! � 6 �s I Affff r �wk .' y f Figure 7. Graphic showing expected impacts of Hurricane Harvey in 2017(Accuweather.com) BUILD CITY CAPACITYFOR HISTORIC PRESERVATION • Integrate historic preservation into the City's hazard mitigation plan.The Multi- Jurisdictional Hazard Mitigation Action Plan integrates hazard mitigation strategies into other planning mechanisms.The Plan states that the planning team sought to ensure that future growth, disaster recovery, historic preservation,flood response plans, and other planning mechanisms were consistent with the plan's goals.The City should work to ensure that disaster mitigation practices value historic resources and identify opportunities to work with planners to prioritize appropriate responses to historic areas and resources.The City may help with creating specific, measurable objectives with clear actions that will minimize risk to historic properties such as "Minimize loss of historic properties within historic districts" Maintaining a comprehensive survey of historic resources may help planners in identifying what resources would be threatened in the event of a disaster, especially when the informational infrastructure is stored in a way that can be easily integrated with emergency planning efforts, databases, and mapping platforms. For example, maintaining Geographical Information Systems (GIS) maps with flood zone and historic resource overlays may help establish priority areas for disaster recovery. • Plan ahead for a local response that includes historic preservation. City preservation staff should work with the City's Floodplain Manager, Public Safety Director, and Emergency Management staff to ensure that historic preservation is considered in disaster preparedness, response, recovery, and mitigation. In preparing for a disaster, having a comprehensive historic resources survey creates an inventory of historic resources to use as a benchmark. Incorporate existing and future surveys into the City's GIS database, and create a historic resource overlay that includes historic districts, landmarks outside of districts, and up-to-date FEMAflood zones. After a disaster,the City may want to consider expediting (but not suspending) reviews or allowing staff to act for the commission when necessary,while encouraging a preservation ethic and allowing for the evaluation of damaged resources by historic preservation experts.The City may also identify types of stabilization and repair that could be allowed temporarily without review after a disaster. • Be a resource for property owners before and after a disaster. City historic preservation staff should serve as a resource for owners of historic properties. Property owners need to know best practices for preparing their buildings for a disaster, how to prevent damage such as mold development,where to seek funding assistance to repair their historic building, or how to find qualified contractors and building experts. The City should consider developing guidance—such as a disaster recovery manual or dedicated website —to increase knowledge of appropriate interventions, prevent damage, and make the public response to disaster more involved. Identifying interventions and technical assistance information on cleaning, repair, in-kind replacement, and reconstruction that meet the Secretary of the Interior's Standards and Guidelines will help Corpus Christi's building stock withstand natural disasters.This information should be available to the public before and after a disaster. The Texas Historical Commission has started the process of developing a new statewide preservation plan,which will include a historic property owners disaster handbook.The handbook will provide best practices for property owners in preparing for a natural disaster, immediate response, and long-term recovery including information on technical and financial resources. Once this handbook is developed, the City may wish to utilize its guidance as a resource for residents. 52 Corpus Christi His • Preservation Plan 2021 Corpus Christi's historic resources have withstood numerous natural disasters and, with appropriate planning, will continue to do so.A thorough disaster planning approach should take into consideration preparedness, response, recovery, and mitigation. ACTION ITEMS 10.Establish relationships with governmental partners and make sure City staff understand the roles of each agency during disasters.The Historic Preservation Officer should develop a list of government partners and collect/share information about each one, including the scope of their response/recovery plans and how to best work with them, with other City departments that interface with historic properties during or following disasters. For example, the Fire Department should check with the HPO or Permitting to avoid knocking down a historic landmark that has caught fire and may be considered a public safety hazard. 11.Integrate historic preservation into the Hazard Mitigation Plan.The Historic Preservation Officer will need to work with the Development Services Director and other managers in the Office of Emergency Management, Fire Department, etc., to determine how Development Services or Permitting can provide support to quickly identify designated landmarks and districts before anyone demolishes historic buildings. 12.Plan ahead for local disaster response that includes historic preservation. Obviously, this should include hurricanes but can also include heavy rain events that cause street flooding or riverine flooding; fires, including but not limited to arson; windstorms, including but not limited to tornadoes; hailstorms, ice storms, and other extreme winter weather; and prolonged periods of drought. Different types of disasters may require different potential responses. 13.Create a Windstorm Exemption Program for historic properties using the Texas Windstorm Insurance Association process with the Texas Historical Commission, currently in use in Galveston and Brownsville. 14.Add information to the Historic Preservation portion of the City website to make property owners aware that the City provides for a variance from floodplain regulations for properties listed on the National Register of Historic Places or designated as Recorded Texas Historic Landmarks. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Support from Assistant Director of Development Services PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 2: Update the historic preservation ordinance. Strategy 7: Improve community outreach and standardize the engagement process. CASE STUDY: ST.AUGUSTINE, FLORIDA w St.Augustine's historic resources attract more than six million visitors annually. Part of the city's charm derives from its proximity to waterways and coastlines,which also put the city at risk of flooding from tides, storms, and sea level rise. In recent years, St. Augustine suffered significant physical and economic damage from Hurricanes Matthew and Irma within an 1 1-month period, and two years later, Hurricane Dorian.The city also suffers from nuisance flooding and will continue to combat rising waters from the impacts of sea level rise. St.Augustine's 2018 Master Plan identified hazard mitigation as one of the major issues affecting cultural resources.The City determined that integrating historic preservation considerations into hazard mitigation planning was a necessary strategy for continued resilience and high quality of life.The City then a► undertook proactive measures to mitigate future impacts of disasters to historic resources. St.Augustine utilized federal funding from the National Park Service Emergency Supplemental Historic Preservation funds to develop a project,focused on its National Register Historic Districts,to survey hurricane damage, ' inventory historic resources, amend National Register listings, and develop preparedness measures for future disasters.The City also created Resilient Heritage in the Nation's Oldest City, a document identifying methods for prioritizing archaeological sites threatened by rising seas, outlining the economic impacts of previous and future flooding events, and recommending potential solutions such as mitigation strategies and policy R 911 revisions. 5.e9 The City works with St.Johns County on its Comprehensive I Emergency Management Plan,which addresses everything from sea-level rise to natural disasters.At the state level, Florida's Division of Historical Resources worked with other agencies to create guidance Disaster Planning for Florida's Historic Resources and Disaster Mitigation for Historic Structures: Protection Strategies.These documents, available online, provide local governments and building owners with detailed tools to help prepare for and recover from disasters.The City of St.Augustine cannot avoid future natural disasters, but they have worked with their partners to ensure that the City and its residents are prepared. ,. 9""4w I.,I STRATEGY 5: DEVELOP WALKING TOURS OF HISTORIC AREAS Many cities across the United States offer walking tours with both digital (smartphone) and paper-based options. In Corpus Christi, walking tours could be developed in partnership with the Convention and Visitors Bureau or potentially other organizations.Technology is constantly changing; the representative examples mentioned below are provided for illustration purposes only. No endorsement of any particular product is implied. A user-selected approach is one common feature of these walking tours. For example,The Historic New Orleans Collection (THNOC) history museum offers eight themed walking tours in the French Quarter alone. Each tour enables the user to preview potential stops on each tour, select the locations they want to visit, and then be guided by the app through the resulting tour.THNOC built its own app for this purpose. A combination of audio and visual content is also typical. For example, Preservation Austin used the Otocast app and volunteer content developers to create audio tours for seven different themes, including African American Austin, Iconic Music Venues, and Tejano Trail. Many large cities seem to be using GPSMYCITY, an app that features self-guided walking tours. In addition to pre-planned tours, this app lets the user plan their own walking tour and print out a map of the tour they create. Downloadable maps and other in-app purchases are available for a small fee.This app seems well-suited for large cities with numerous historic districts. ACTION ITEMS 15.Establish goals for potential walking tours, such as distance covered, time required, and/ or number of locations per tour. 16.Identify potential themes and associated locations. 17.Research potential platforms/vendors, obtain quotes or estimates, and establish a budget. 18.Work with Convention and Visitors Bureau to secure funding for the digital platform and printing walking tour maps/brochures. 19.Develop,test, launch, and promote walking tours. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Funding for subscription to digital platform. Volunteer assistance to develop content. PRIOR PRESERVATION ACTIVITY REQUIRED None. AuHRJUI 11111111uwmuwumuyumuyuuuuwuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum uuuuuuuuuuuumu CASE STUDY: ALPINE,TEXAS Visit Alpine Texas! is both a webguide and a mobile app.The app includes a Historic Walking Tour with photographs and information about each of 43 highlighted locations.A complete brochure for the Historic Walking Tour is also available at the City's Visitor Center; the Visitor Center address is provided on the website, along with a downloadable PDF version of the tour map.A tour of the city's many outdoor I' murals is also available.Visit https://visitalpinetx.com/ alpine-web-guide-mobile-app/ The website for Visit Alpine Texas! is user-friendly, and h the Historic Walking Tour on the app is informative and allows you to create your own walking tour by choosing sites that you are interested in and saving the tour that you create. r CASE STUDY: EL PASO,TEXAS 'n The Official Visit EI Paso app and website includes eight walking tours, and printed brochures are available for three of those at EI Paso's two Visitor Centers. • EI Paso's Mission Trail and Visitor Center �-- Magoffin Historic District Walking Tour • San Elizario Walking Tour The app includes detailed descriptions of the historic sites, and allows the user to select favorite sites and create their own itinerary. In addition, each introductory section of individual walking tours has a link that allows _ you to Facetime with a Visitor Information Specialist. Audio versions of all eight walking tours listed on the website are available on the Visit EI Paso app. 56 Corpus Christi Historic Preservation Plan 2021 e f% 11 t. , 1 r .............,i%'� ENABLE COMMUNITY-DRIVEN HISTORIC PRESERVATION --------------- ENABLE COMMUNITY—DRIVEN HISTORIC PRESERVATION 57 This page intentionally left blank. 58 Corpus Christi Historic - • STRATEGY 6: IMPROVE THE CITY'S HISTORIC PRESERVATION WEBSITE All information about the City historic preservation program should be on or linked from cctexas.com/landmark, so that a visitor to the City of Corpus Christi website can search and find what they are looking for. ACTION ITEMS 20.Add a historic preservation landing page, to include a brief statement about historic preservation in the city and an overview of designations and requirements for Certificates of Appropriateness.The rest of the page should provide links, each of which focus on a single topic, such as: • Historic preservation ordinance and any other ordinances that are pertinent to the owners of historic buildings • Landmark Commission • Landmark/Protected Landmark designation process and application form • Historic District/Protected Historic District designation process and application form • Certificate of Appropriateness process,flowchart, and application form • Historical markers (with links to THC and NCHC websites) • Financial incentives (with links to THC and DMD websites) • Special projects and programs • How to get involved, with links to local preservation and history organizations 21.Commit to public comment opportunities and a section with links to share citywide research,summary reports, and other historic preservation resources on the City website for the community's review and comments.This proposed departmental policy is essential for transparency and building trust. 22.Commit to providing information in English and Spanish. Historic preservation should be accessible for everyone. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED City Information Technology support to reorganize web pages and links PRIOR PRESERVATION ACTIVITY REQUIRED None CASE STUDY: DALLAS The Dallas Historic Preservation office webpage organizes everything related to historic preservation on one easy-to-navigate main page with clear and concise links to additional information. HISTORIC PRESERVATION City of Dallas Office of Historic Preservation HOME SUSTAINABLE DEVELOPMENT ° o1i �M� AND CONSTRUCTION HOME BIP 0, . ` n raiv of o.nay � r � APPLICATIONS HISTORIC CONTACTS Fa ,0 FSERVATION DEMOLITION DELAY v'- DEVELOPMENTCODE HAB5 HISTORIC - --DISTRICTS/BUILDINGS The Office of Historic Preservation provides services related to historic districts,historic HISTORIC PRESERVATION structures,and potential historic districts and Structures.These services include Landmark PROGRAM (historic)Designation,Certificates of Appropriateness(approval forms for work on landmark structures),and administering tax incentive programs within Historic Districts and on individual LANDMARK COMMISSION Historic Structures.View the Historic Overlay District ordinance. NATIONAL REGISTER DEPARTMENT UPDATES: RESOURCES AND RESEARCH Office of Historic Preservation Operation Procedures During COVID49 RECORDS GET STARTED TAX INCENTIVES 3.1.1 . CONTACT INFO Explore Apply for Landmark About the Landmark Dallas Historic Districts Review Review Process Historic Preservation and Structures 1500 Marilla Street Room 5BN Da II as,Texas 75201 Phone:[214] -421069 Fax:(214)670-4210 Landmark Commission and Demolition Delay Overlay About the Historic Tax Committees Incentive Program QUESTIONS? Contact Historic Preservation Staff View Frequently Asked Questions •f • • • • STRATEGY 7: IMPROVE COMMUNITY OUTREACH AND STANDARDIZE THE PUBLIC ENGAGEMENT PROCESS The Development Services Department would benefit from having a standard process for communicating with and receiving information from the community when the department is considering making changes to historic preservation programs or ordinances.The City must take visible steps to earn and maintain the community's trust if it is to be successful in administering equitable historic preservation programs. Trust is based on communication,transparency, and accountability, all of which are inextricably intertwined. • Communication includes providing citizens with meaningful information that helps them make informed decisions and participate actively in policymaking. It also means reaching out to citizens whose participation may not have been included in the past. • Transparency means being responsive to citizen needs and requests, explaining how and why decisions are made, and (importantly) how public funds are being spent. • Accountability includes being willing to admit mistakes, publicly discuss lessons learned and policy adjustments going forward, and take action to avoid repeating those mistakes in the future. In many cities, public planning efforts, changes to the Code of Ordinances,the development of new programs, etc., involve meaningful public participation.While the Community Opinion Survey for this project garnered an impressive 752 responses, even more community members might have participated if they were accustomed to being engaged. All of the activities outlined in this plan should follow a consistent public engagement strategy that both pushes information out to the community and seeks to collect feedback, input, suggestions, concerns, complaints, etc. For example,whenever the City wishes to start a new program or make changes to the historic preservation ordinance or an existing program, it should employ a robust and transparent community engagement effort that includes: • Regular meetings with the Landmark Commission, Planning Commission, and City Council to discuss the process and status • At least three public meetings, live-streamed and recorded for later viewing at citizens' convenience • If possible, additional meetings with neighborhoods, downtown property owners and businesses, civic groups, etc. • Letters to property owners in historic areas, explaining the process and how individuals can participate • Atraditional, digital, and social media campaign to make citizens aware of the project and process, and to give them the opportunity to get involved • Sufficient time for the community to review proposed programs/project deliverables and provide comments; a transparent reporting of all comments (compiled and anonymized) with response or action taken for each comment • Afinal report and presentation to the Landmark Commission, Planning Commission, and City Council detailing the community engagement process, general trends in comments received, changes made as a result of citizen comments, etc. ACTION ITEMS 23.Budget for more community engagement activities when a project will have a direct effect on individual property owners. For example, if the City wants to change an ordinance, as recommended in this plan, that process should be highly community- oriented and give property owners the ability to participate in and shape the results. 24.Seek input from members of diverse communities on how best to reach them. 25.Work with the Corpus Christi Literacy Council to ensure that information is accessible to people who are not functionally literate (able to read at a sixth-grade level or higher). Historic preservation should be accessible for everyone. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Funding for outreach activities PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 6: Improve the City's historic preservation website. Strategy 9: Include underrepresented areas. 62 Corpus • - • 2021 CASE STUDY: CITY OF AUSTIN PARKS & RECREATION Austin PARD provides a model of community engagement in all their planning efforts. For example,the 2019 Our Parks, Our Future Long Range Plan development process included: • Three different advisory groups • 12 "open house" community meetings held throughout the city to be geographically diverse (622+ participants) • Pop-up events mirroring the community meetings to "meet people where they are" • Three different opinion surveys(4,400+ responses) • Virtual meetings to accompany each round of open houses • Six focus groups • Stakeholder interviews • Opportunity to comment online(9,000+ online comments received) Obviously, this represents a significant investment in community engagement, but the more data that informs a plan, the more likely the community and City officials are to support it, because they know that the community is being heard.Transparency is another hallmark of Austin PARD's planning work; all of the input, survey results, etc. is gathered, anonymized and compiled, and published on the project website, as well as communicated to the public. V V, COMMUNITY ENGAGEMENT THEMES Individuals can see their ideas and opinions reflected in the plan that results from their input and feedback. For more information,visit: https:Haustintexas.gov/page/our-parks-our-future-long-range-plan Or, in Spanish: http://austintexas.gov/page/nuestros-parques-futuros NUESTROS PLANIFICACION PARQUES A LARGO PLAZO NUESTRO CASE STUDY: CITY OF SAN MARCOS The City of San Marcos hosts an annual visioning workshop for its preservation commission. At this full-day event, City staff leads the commission through a "Strengths,Weaknesses, Opportunities, and Threats"(SWOT) analysis, concluding by prioritizing preservation projects they want to focus on during the year.Typically,training is presented by an outside speaker during the workshop. In 2016 and 2017,the THC's CLG staff led training during the workshop. A summary report of the SWOT analysis is developed by City staff in the days that follow the workshop and is sent to the commissioners and City Council. In 2016,the commission expressed concern that properties in a neighborhood close to Texas State University were being torn down at an alarming rate.At the workshop,the commission decided to update the City's historic resource survey, in order to gather more information about the specific neighborhood's eligibility as a local historic district, as well as to evaluate other potential historic districts within the city.The summary report from the visioning workshop was presented to City Council when funds for the survey were requested, and the report was also used as part of a successful application for a CLG,which covers half of the cost of the survey.The survey is now complete and regularly used by commission members and City staff when recommending the designation of landmarks and districts. a Figure 8.Aerial view of Hays County Courthouse and downtown San Marcos(City of San Marcos) 64 Corpus Christi Historic - • STRATEGY 8: HELP LAUNCH A NEW PRESERVATION NONPROFIT ORGANIZATION Corpus Christi contains a core group of people who support historic preservation, and the City should leverage these individuals and organizations to accomplish common preservation goals. In Texas, County Historical Commissions(CHC) are responsible for reviewing and recommending State Historical Markers to the THC.The Nueces County Historical Commission (NCHC) has been responsible for many historic markers in Corpus Christi,which draw the public's attention to significant people, places, and events. Other organizations with history-related missions include: • Corpus Christi Museum of Science and History • Old Saint Anthony's Catholic Church (museum in Robstown) • Friends of Old Bayview Cemetery • Tejano Civil Rights Museum • Museum/collection of African American history in the Solomon Coles School building • U.S.S. Lexington Museum The Corpus Christi Area Heritage Society, LULAC Council No. 1, the NAACP,Junior League, Czech Society of South Texas, and Camp Fire Girls currently steward and present exhibits in buildings in Heritage Park and the Britton-Evans House. While the good work done by all of these organizations is important, none of them function as an active advocate for historic preservation citywide. In many other cities of all sizes, a local preservation nonprofit organization either provides community-focused services and support that are outside the purview of the City preservation office or partners with the City to provide programming and services.The City of Corpus Christi needs such a collaborative local nonprofit partner. In fact, the City might benefit from having more than one nonprofit partner, such as a more general preservation nonprofit organization and a local chapter of DOCOMOMO (the International Committee for Documentation and Conservation of Buildings, Sites and Neighbourhoods of the Modern Movement). For example, Houston has both a local preservation nonprofit(Preservation Houston) and a local DOCOMOMO chapter(Houston Mod). ACTION ITEMS 26.Support individuals interested in starting a new preservation nonprofit. The City can help to jumpstart this process by taking responsibility for the following necessary tasks: • Convene a meeting of individuals interested in starting a local preservation nonprofit. Personally invite all of the 200+ people who provided their contact information via the Community Opinion Survey, but also invite the entire community to attend. Staff can convene and facilitate a series of meetings to explain how preservation nonprofits operate in other cities (potentially with guest speakers from those nonprofits) and lead people who are interested in creating a new preservation nonprofit organization in Corpus Christi through the process of doing that.The City can provide a large space for these meetings; livestream the meeting for the benefit of people who are not able to be there in person; provide translation to Spanish and interpretation in American Sign Language; and provide an experienced facilitator to lead the group through brainstorming and planning exercises. • Engage a nonprofit consultant to help establish the organization with the State of Texas and the Internal Revenue Service.An experienced nonprofit consultant can assist with this process and setting up the organization's bylaws, operating procedures, etc.An attorney is not needed and may not understand nonprofit requirements. • Pay the fees associated with establishing the organization, about $1,200. • Provide the nonprofit with a starting budget of$5,000 so that it can begin to do more public outreach and provide letters of support for its initial grant applications. • Provide the nonprofit with all of the existing City research and planning documents that identify historic resources eligible for local designation or nomination to the National Register of Historic Places. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Funding to hire an experienced nonprofit consultant to facilitate meetings of interested individuals and complete the incorporation process and application for tax exempt status Approximately $1,200 for fees related to incorporation and the application for tax-exempt status Start-up capital ($5,000 proposed) PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 7: Improve community outreach and standardize the engagement process. 66 Corpus Christi Historic - • 2021 CASE STUDY: PRESERVATION AUSTIN Although 40 years ago "historical societies"were more numerous, today many local preservation nonprofits include the word "Preservation" in their name to more clearly indicate their focus and the presence on their staff and board of preservation professionals. Preservation Austin (PA) is the City of Austin's local historic preservation nonprofit. Preservation Austin exists to empower Austinites to shape a more inclusive, resilient, and meaningful community culture through preservation.The City's historic preservation office works hand-in-hand with PA to protect and promote Austin's historic places. PA works closely with the City to develop policies that guide historic preservation in Austin. • In 2011, PA partnered with the City when Austin revised its preservation ordinance to provide enhanced financial incentives.These incentives encourage property owners living in designated City landmarks to be good stewards of their homes and support the rehabilitation of buildings in local historic districts. • PA drafted design guidelines that were used as the starting point for the City of Austin's recently adopted Historic Design Standards.With PA's help,the City was able to create its new design standards almost completely in-house,for a significant cost savings. • Today, PA is working with the City to realize a Preservation Plan that will establish goals for the Austin's future; the plan will undoubtedly call on strong preservation partners, like PA, to play a role integral to its success. A PA representative attends every Historic Landmark Commission meeting, and PA frequently advocates before the Commission on cases related to the organization's advocacy priorities. This has included the designation of historic districts or city landmarks, rehabilitation and adaptive reuse projects, and new development that may affect historic resources and landscapes. The City of Austin has also come to rely on PA to help educate the public on the benefits of preservation and promote Austin's special historic places. In 2014, PA received a grant from the Austin Convention and Visitor's Bureau to develop audio tours of historic neighborhoods for tourists and residents alike. Seven "Historic Austin Tours" are now available through the Otocast app. PA also supports preservation projects through its quarterly matching grant program. PA consults with the grant recipients to develop and vet the projects,which includes preparing Certificate of Appropriateness applications — a benefit to the applicant and the City. CASE STUDY:THE CITY OF DENTON AND DENTON COUNTY The City of Denton and the Denton County Historical Commission (DCHC) have partnered on many preservation projects within the city limits. Regular communication between the City's preservation office and the DCHC makes this partnership successful.The City invites a representative of the DCHC to every local preservation commission meeting, and the City's HPO often attends the DCHC's monthly meetings. In 2016,the DCHC dedicated a Texas Historical Marker for the 1927 Denton City Hall in partnership with the City's Historic Preservation Office. In addition, the two organizations regularly attend training together and support each other in the CLG grant application process. The Tf:xm YiAorkAl '&IllritW'wa awards this Ccr1Jffimk of CUmmemUtion. to The Denton Cid Comei C ,dor distinguished service in the fichi of Aistnric Preservation Figure 9. Texas Historical Commission commendation to Denton City Council, 1980(THC) 68 Corpus Christi Historic - • STRATEGY 9: INCLUDE UNDERREPRESENTED AREAS In Corpus Christi today, only five of the city's 40 designated properties are associated with Mexican Americans, and only one (the Littles-Martin House) is associated with African Americans. No landmarks associated with Native American or Asian resources have been designated. In part, this may be due to the redevelopment of non-White/Anglo neighborhoods during the past century. As the City of Corpus Christi considers how historic preservation can benefit all of its citizens, it must ensure that its policies and programs include underrepresented areas. In addition, the City should identify underrepresented areas and make it a priority to address them. Fortunately, several other cities are paving the way for Corpus Christi and offer excellent models. One example is a San Antonio,Texas case study. ACTION ITEMS 27.Add the pursuit to include underrepresented areas to the role of the Landmark Commission. • Provide training for City staff and Commission members. City governments often start by holding a training workshop identifying these areas. • Actively pursue opportunities to document underrepresented historic resources at the federal, state, and local levels, such as local designations, cultural landscapes, Recorded Texas Historic Landmarks or State Antiquities Landmarks, individual National Register listings, National Register historic districts, National Register Multiple Property Submissions, and National Historic Landmarks. • Make the process accessible to people regardless of language, literacy, or ability. Translating information into Spanish and having translators available at public meetings, whenever possible, as well as American Sign Language interpreters, not only makes it possible for everyone to participate in the process, it also makes a statement that everyone is welcome. • Listen to stakeholders. Encourage people in underrepresented areas to tell the City what they value and prioritize.The Council itself should decide what it wants to work on, such as geographic or thematic focus areas, with the City providing support in service of their goals. • When the City pursues multiple-property nominations to the National Register of Historic Places, community stakeholders should have input to prioritized focus areas, such as: • Long-standing Hispanic or Black businesses • Archaeological sites, cultural landscapes, and extant historic resources associated with Native American people • Sites associated with the Civil Rights Movement • African American churches � rC r 01 h � Sr. Figure 10.Accordion player(Sergio Cruz Perez/Restafoto, iStock 505910728) • Focus on a story-based approach to preservation, rather than the high-style architecture. In some situations, a cultural landscapes approach or foregoing a strict adherence to National Register criteria for the evaluation of significance can expand the possibilities for historic preservation at the local level. • Don't just listen ...take action. When community members of underrepresented areas identify what is historically and culturally significant to them,the City needs to create a plan for addressing those issues. If nothing happens, it is likely that community members will not trust the City to take action in the future, and they may not be willing to get involved in anything else. 28.Be prepared to make specific suggestions to help illustrate examples of types of local designations, Recorded Texas Historic Landmarks or State Antiquities Landmarks, individual National Register listings, National Register historic districts, National Register Multiple Property Submissions, and National Historic Landmarks. Rather than use a single property for multiple examples, identify different properties associated with various groups in geographically distributed areas of the city to be as inclusive as possible. 29.Create a Preservation Grant program to help pay for the historical research needed to designate or nominate underrepresented properties and to help fund repairs or disaster resilience measures. Even small grants can make a big difference, and by making that program open to the public,the City will have more opportunities for meaningful outreach. 30.Develop new programs or opportunities for local designation, such as Cultural Heritage Districts, Legacy Business Landmarks, Conservation Districts, and Cultural Landscapes that can be used to identify, recognize, and protect a more diverse range of historic resources. For example: • The City of Denver, Colorado, created the Five Points Cultural Historic District to preserve both buildings and the cultural identity of the previously segregated African American neighborhood. Design guidelines for the district now include character- defining features related to Culture, not just architecture, such as the district's history as a hub for jazz music,African American-owned businesses and African American- serving organizations and institutions. 70 Corpus Christi Historic - • • The City of Dallas,Texas, has made possible the designation of Conservation Districts since 1988.This tool differs from historic district designation in that conservation districts seek to maintain certain standards, established in collaboration with the community, rather than preserving architectural features of buildings.Applications for alterations in Dallas conservation districts are administratively reviewed by City staff, rather than a commission. • The City of San Antonio's Office of Historic Preservation maintains a Legacy Business program to recognize and promote businesses that have been in operation for at least 20 years.A StoryMap showcases businesses in 16 different categories, including art, banking,fashion,florists,food, hotels, industry, military, mortuaries, museums, music, press, radio stations, ranching, theaters, and "traditions" (such as specialty stores and a miniature golf course dating back to 1929). • History Colorado has recently prioritized cultural resources and cultural landscapes in its statewide preservation planning efforts through The Power of Heritage and Place:A 2020 Action Plan to Advance Preservation in Colorado. It looks beyond built heritage to consider"social history, ethnic and racial heritage, and gender relationships to historic preservation, and the fostering of public memory." RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Meeting spaces Funding for a Preservation Grant program PRIOR PRESERVATION ACTIVITY REQUIRED None CASE STUDY: SAN ANTONIO,TEXAS The City of San Antonio launched its Living Heritage social media program, called Con Safo, in 2015 to capture the personal and shared experiences that give places meaning. Con Safo, which is used to mean "this is protected, don't mess with it" (among its other meanings), enables San Antonians to identify places that matter to them, regardless of whether those places meet the criteria of the National Register or local ordinance.This helps the City Historic Preservation Office identify potential areas or resources that merit further investigation; in fact, a new local landmark—the Pedro and Juanita Delgado House at 4537 Monterey Street, on the City's Westside—was identified through the campaign. Mrs. Delgado was 100 years old and still living in the house in 2015. The City of San Antonio recognizes that"For many cultures, historical value is structured around buildings and their architectural significance. But for others, like our local Indigenous, Latino, and African-American cultures,what happens or happened in that place is more important than the bricks and mortar.The Con Safo campaign was intended to democratize preservation efforts by allowing the San Antonio population to tell the City which places matter to them, using a term that is part of the heritage of San Antonio" 4 uY L , F, Figure 11. Undated photo of Juanita Delgado in front of her home at 4537 Monterey Street(City of San Antonio) "Preservation in San Antonio isn't just about preserving old buildings. It's about people, sustainable development, sustainable cultural identity and ultimately about creating a future by respecting our heritage." 72 Corpus Christi Historic - • 2021 STRATEGY 10: DEVELOP THEMATIC APPROACHES TO HISTORIC MARKERS The Nueces County Historical Commission (NCHC) is responsible for administering the state historic marker programs on behalf of the Texas Historical Commission. • State historic (subject) markers tell the story of people, places, and events that shaped local history. • Recorded Texas Historic Landmark (RTHL) markers identify buildings with a high degree of architectural integrity(that is, they still look like they did when they achieved significance). • Historic Texas Cemetery (HTC) markers identify family and community burial grounds that have been designated and recorded in county real property records. • State Antiquities Landmark(SAL) markers identify either sites or buildings on non-federal public land. NCHC has an active ongoing marker nomination and review program, with nearly 100 markers already placed around the county and more in process. Historic markers can highlight important people, places, and events even when aspects of the city's built heritage no longer remain to help tell those stories. For example, a state subject marker would be appropriate at the site of the former D. N. Leathers housing complex in the Hillcrest neighborhood and at other locations associated with the African American community on the Northside. Other themes that would support multiple markers might be at the current or former sites of las colonias, the locations of significant and long-running Hispanic businesses, cultural sites associated with Native peoples (such as the Native burial ground at Hans and Pat Suter Park), or LGBTQ+ history. The Texas Historical Commission has an "undertold marker" program that helps to address historical gaps, promote diversity of topics, and proactively document significant underrepresented subjects or untold stories.To date, Nueces County has received funding under this program for markers about George Owens, Robstown Migrant Labor Camps, and the Corpus Christi Longshoremen's Unions. A small amount of ongoing City funding for developing and fabricating markers, particularly for underrepresented histories, would help NCHC tell the full history of Corpus Christi. This could be part of the Landmark Commission's role but should be led by the Historic Preservation Officer. ACTION ITEMS 31.Initiate conversations with NCHC about possible partnership/collaboration. 32. Work with NCHC and a diverse group of community stakeholders, through an inclusive and transparent public process, to develop a list of potential themes and historic contexts. 33. Develop a historic context narrative for each theme and use that to identify potential marker topics. 34. With NCHC and the community, prioritize marker topics for application to the THC Undertold Marker program and, secondarily, City funding. COMMENABLE D• •• PRESERVATION RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED A small amount of annual funding (perhaps $2,000 per year)to support marker application and fabrication fees PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 7: Improve community outreach and standardize the public engagement process. 74 Corpus Christi Historic - • 2021 I r; �� ' . 1 1 1 \ 1 s � This page intentionally left blank. • Corpus Christi Historic - • STRATEGY 11 : PROMOTE ECONOMIC DEVELOPMENT THROUGH HISTORIC PRESERVATION In its broadest sense, historic preservation is the utilization of the past to inform the future. This is carried out in many ways, but the ethos of maintaining the use of buildings, sites, landscapes, and other cultural traditions for future generations is at the center of historic preservation practice. Many people hear the words "historic preservation" and think it means freezing a building in time. In reality, historic preservation is a tool to help achieve economic development goals through the reuse and rehabilitation of older buildings. Historic preservation aligns with the City's economic development objectives(published on the City's Economic Development website at https://www.cctexas.com/businessliaison, as discussed below. City of Corpus Christi Economic Achieved through Historic Development Objectives Preservation/Building Reuse Improve the Quality of Life of / Our Residents V Diversify the City's Economy Increase Business Recruitment / and Retention y Attract Talent and Develop Our / Workforce y • Improve the Quality of Life of Our Residents. Preserving Corpus Christi's historic buildings and sites maintains its unique character, builds civic pride, and helps residents feel connected to the place they call home. In Why Old Places Matter, author Tom Mayes wrote, "Old places foster community by giving people a sense of shared identity through landmarks, history, memory, and stories, by having the attributes that foster community, such as distinctive character and walkability, and by serving as shared places where people meet and gather." • Diversify the City's Economy.The process of historic preservation inherently promotes a diversified local economy.The economic multiplier impacts from rehabilitating just one building reach far beyond the construction phase.A rehabilitated building can provide space for a new business, attract tourists, or serve as a background for downtown festivals. • Increase Business Recruitment and Retention. Research from the National Trust for Historic Preservation Atlas of Reurbanism shows that places with a mix of older, smaller buildings attract more jobs per square foot, pedestrian traffic, start-up businesses, and women- and minority- owned businesses. Small businesses need small spaces to start out, and these are most often found in historic or older buildings. • Attract Talent and Develop Our Workforce. Historic preservation,through the rehabilitation of existing buildings, is a majorjob creator. Numerous studies have shown that rehabilitation produces more jobs per $1 million spent than new construction. Rehabilitation jobs are also local jobs that cannot be exported; skilled craftsmen are trained locally and are knowledgeable about local materials and conditions. Economic development patterns in the 21st century show that workers are now choosing a place to live and then looking for a job. For Corpus Christi, the character-rich downtown areas with older buildings form the basis of its economic advantages and differentiate it from peer communities. OLDER BUILDINGS = ECONOMIC OPPORTUNITIES Just over a third of Corpus Christi's buildings were built more than 50 years ago (as of 2021), as shown on the map below.The 50-year mark is important because that is generally a requirement for eligibility for the National Register of Historic Places. 78 Corpus Christi Historic - • 2021 a 9, b S &,�yjfFN , k4 e �L'x Legend Pre1971 Basemap 0 citylimits 2.5 0 2.5 miles v I Figure 12. Map of Pre-1971 buildings in Corpus Christi as of May 2021 (Briana Grosicki) Listing on the National Register makes a building eligible for federal and state tax incentives that can return up to 20%and 25%, respectively, of historic rehabilitation expenses.At the state level, a National Register listing also exempts the property owner from paying sales tax on construction labor(for non-residential buildings only).A business located in a historic building that is designated as a Recorded Texas Historic Landmark or is listed on the National Register also is exempt from paying sales or excise tax on "amusement services" (amusements, entertainment, or recreation, including "membership in a private club or organization that provides entertainment, recreational, sports, dining, or social facilities to its members" but excluding "coin-operated machines that are operated by the consumer"; Texas Tax Code Sec. 151.3101). The City of Corpus Christi currently offers no local tax exemption or abatement program for historic properties, an incentive which many other cities offer and can be layered with state and federal incentives. A 2017 survey of downtown identified 280 buildings that may be eligible for the National Register of Historic Places. However, even if every resource identified in that survey was listed, it would only bring the percentage up to 0.4%of the buildings in Corpus Christi.The downtown survey and plethora of unsurveyed/unlisted potentially historic resources in Corpus Christi represent significant unrealized economic opportunities. In comparison to other larger cities and other peer cities, Corpus Christi's pre-1945 building stock is scarce. Consider these comparisons from the National Trust for Historic Preservation's Atlas of Reurbanism (https:Hforum.savingplaces.org/act/research-policy-lab/atlas/ atlas-factsheet): Year Built Corpus 50-City San Houston Tulsa OK Tampa FL by Period Christi Average Antonio Pre-1920 0.2% 15.7% 1.4% <1.0% 1 .2% 2.7% 1921- 3.2% 22.2% 9.9% 11.4% 16.4% 13.2% 1945 1946- 33.4% 27.9% 27.0% 35.5% 38.2% 41.4% 1971 1972- 63.2% 34.2% 61.7% 52.7 44.2% 42.6% 2021 Building owners in Corpus Christi are not taking advantage of the benefits of listing on the National Register of Historic Places, and few properties are locally designated, which protects them from demolition. Corpus Christi 50-City 9 Average Listed on the National <.01% 6.8% Register of Historic Places Locally Designated <.01% 4.3% Federal Tax Credit Projects 1 27 The Sherman Building at 317 Peoples Street is currently the only property in Corpus Christi (at the time of publication)to have utilized the federal historic tax credit. r , - r f rf � r � r e _ e Figure 13. Nueces Lofts(Downtown TX.org) The Downtown Management District is already actively working on downtown revitalization, and the Strategies associated with Goals 1 and 2 will supplement their good work.The DMD 80 Corpus Christi Historic - • currently receives City financial support from the General Fund Match to DMD Property Owners Levy and the TIRZ#3 Service Agreement. The City's Historic Preservation Office can, however, more proactively partner with the DMD to support their efforts and help property owners take advantage of all the programs available to them.We strongly encourage City Council to continue supporting the DMD in its efforts and to prioritize investing in downtown,where infrastructure already exists, over new development that requires new infrastructure. The City of Corpus Christi's Downtown Management District already has a robust, dynamic economic revitalization incentives program specifically designed for downtown revitalization to activate vacant buildings, increase housing supply, and new businesses. Instead of creating any new local financial incentives for downtown commercial properties at this time, the City should encourage property owners to use all of the existing programs — along with the federal and state incentives —to return vacant buildings to productive use. The example below illustrates how a $1 million rehabilitation would be impacted by the syndication of the combined state and federal historic tax credits,which can provide upfront capital for rehabilitation costs.The historic tax credits coupled with the reimbursable TIRZ programs could mean the difference between a project being financially viable or not.The City should do a full-court press between now and 2028 to take advantage of these layered incentives. ' Rehabilitation Costs$1,000,000 With State+ Without Tax Credits Federal Tax Credits Bark Loan $700,000 $700,000 Owner Equity $100,000 $100,000 Tax Credit Equity $0 $360,000 Total Funds Available $800,000 $1,160,000 The incentives available for properties in Downtown Redevelopment Zone (Tax Increment Reinvestment Zone #3, orTIRZ#3) are available until 2028,when the zone expires.The TIRZ#3 programs are all reimbursement-based programs that would help close financial gaps on the operation side of the redevelopment. For property owners or developers, layering the federal and state historic tax credits could provide capital during the reinvestment at no cost to the City. Program Possible Qualifying Categories Availability Incentive New Commercial Up to $10/sq.ft. • Dining, Entertainment,or Mixed- $100,000 Tenant Finish-Out Grant Reimbursement Use Development Annually Program • First-Floor,Active Street Location • Wall, Floor,and Permanent Fixtures • Currently Vacant Chaparral Street Up to 50/50 • Building Improvement Costs $200,000 Property Improvement Reimbursement Related to Occupying a Vacant Annually Grant Program Grant Structure Downtown Living Up to $10,000 • Minimum 10-Unit Development 100 Units Initiative Rebate per Multi- Annually Family Unit Project-Specific Up to 75% • Environmental Remediation Based on Development of 10Year • Code Compliance Project Cost Agreement Reimbursement Tax Grant • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvement/Utilities • Residential Developments over 100 Units($10,000 per Unit) 82 Corpus Christi Historic - • The DMD annual report shows the existing incentive programs have facilitated more than $125 million in investment since 2015, and reimbursable tax incentives allocated to these projects total $6.3 million.This means that,for every$1 the City of Corpus Christi forgave in reimbursable tax incentives,the private sector spent$20. Since 2015,the downtown area ad valorem tax value has increased by$33 million,thanks to these investments.This has resulted in a gain of$218,000 in property taxes since 2015. DMD, as part of their reporting requirements for the Main Street America accreditation,track vacancy in the downtown commercial district. In 2020,they reported more than 164,000 square feet of vacant existing building space in the downtown area. Hypothetically, if all those spaces were rehabilitated and returned to productive use,the ad valorem tax value could increase by an additional $21 million, resulting in approximately$138,600 in increased tax revenue per year. Because Corpus Christi's downtown is very much in the recovery phase of real estate development, investing in core existing properties will add value to the market, improve occupancy rates, and elevate rents to levels that can justify new infill construction to add density where today the downtown area is oversupplied with vacant lots and surface parking. Based on an analysis of property tax data from Nueces County Appraisal District, 18% of properties in the downtown TIRZ#3 zone contain buildings that are more than 50 years old. A large concentration of those building exists in the Marina Arts District and were surveyed in the 2017 historic resource survey. Of the 280 properties surveyed in 2017, 81 contain buildings-39 of which were ranked "high priority" to nominate to the National Register of Historic Places.Actively promoting the rehabilitation of these 39 properties,which may be able to layer incentives like the state and federal tax credit with the TIRZ#3 funding,would facilitate catalytic changes to the DMD. Information about these programs and how they can work together should be actively advertised to building owners, local investors or developers, and the public. ACTION ITEMS 35.Promote use of the TIRZ#3 incentive programs before 2028.The City should actively market these programs, ensure that they are easy to apply, and publicize projects that utilize these incentives to encourage their use before 2028. 36.Discourage a buy-and-hold strategy for vacant buildings. Respondents to the Community Opinion Survey expressed repeatedly their desire to have vacant buildings brought back into productive use. However, as of publication, DowntownTX.org only lists three available properties —three spaces for lease and one building for sale— and the commercial real estate website LoopNet only shows three buildings and three vacant lots for sale downtown. Speculative purchases and property owners reluctant to divest themselves of buildings that have been owned by their families for generations contribute to this issue.The Downtown Management District is actively working with property owners, but recommended changes to the Vacant Building Ordinance can help address this problem. 37.Routinely evaluate and adapt the TIRZ#3 incentive program to meet the changing needs of downtown property owners. In the vacant building program update dated January 2020, only two (2) properties out of the twelve(12) have taken advantage of the TIRZ#3 incentives.The City should regularly evaluate the incentives offered and determine whether or not they are meeting the needs of downtown property owners. Regularly surveying all property owners in downtown will allow the City to make more informed decisions about how to structure various incentives. 38.Invest in downtown where infrastructure already exists, rather than expanding the city in ways that requires building new infrastructure.This strategy will deliver a higher Return on Investment(ROI) and support increased private investment where it is needed the most. RESPONSIBLE PERSONS Downtown Management District Historic Preservation Officer RESOURCES REQUIRED Support from Development Services Director, City Council PRIOR PRESERVATION ACTIVITY REQUIRED Task 2: Make preservation information easy to find on the City website. Task 4: Develop a standard community outreach process. Task 5: Update historic preservation ordinance. 84 Corpus Christi Historic - • 2021 CASE STUDY: ORETHA CASTLE HALEY BOULEVARD, NEW ORLEANS The revival of Oretha Castle Haley Boulevard commercial corridor in New Orleans, LA has been led by the nonprofit Gulf Coast Housing Partnership and supported by the New Orleans Redevelopment Authority(NORA).This 24-square-block area (then known as Dryades Street) was a diverse Jewish and African American commercial district in the 1930s and became a mecca of African American activity by the 1960s. Like many central-city commercial districts, "the Boulevard"suffered from the growth of shopping malls in the 1960s and 1970s; vacant and deteriorating buildings became the norm. The Oretha Castle Haley Boulevard commercial district joined the Louisiana Main Street program in 2006.According to the Preservation Resource Center of New Orleans, at that time, "the building occupancy rate in the district was only 14%. Since 2006, the district has seen the creation of 176 new jobs, 32 new businesses, 24 building rehabilitations, and more than 11,000 volunteer hours, in addition to significant new building construction, creating varied housing, retail and cultural opportunities.The current building occupancy rate is 46%" Between 2007-2017,the corridor saw a combined $152 million in investment through rehabilitations and new construction. Projects used public-private partnerships, historic tax credits, NORA Facade grants, low income house tax credits, new markets tax credits, and TIF funds to invest in this neighborhood.The results include over 450 housing units, 58% increase in jobs, 24% decrease in vacancy, decrease in police calls, and importantly 153% population growth.The district brings 30,000-40,000 visitors a year to their events. O.C. Haley Boulevard won a 2017 national Great American Main Street Award for revitalization.(More information at http://www.ochaleyblvd.org/home) ORETHA 1 HALEY BLVD , 1 2017 GREAT AMERICAN MAIN STREET AWARD WINNER 41,� . 1 Mir PROMOTE H ISTORIC PRESERVATION AS AN ECONOM IC DEVELOPM ENT TOOL 85 CASE STUDY: GALAXIE TACOS, NEW ORLEANS The 1949 Texaco Gas Station at 3060 St. Claude Avenue in New Orleans was in rough condition during its previous incarnation as a vehicle inspection station. It was listed on the National Register of Historic Places in 2017. In 2018, investor/restaurateur Patrick Finney purchased the property. During the removal of a stone veneer and mansard roof(added during a "modernizing" renovation in the 1970s), the project team quickly realized that the building retained many of its historic character- defining features.These included the curved canopy topped with distinctive fins, evidence of horizontal banding, and the building's original green and white paint scheme, as well as "ghost" impressions of Texaco stars and historic signage visible above the service bays (e.g., the channel lettering that spelled out"WASHING" and "MARFAK LUBRICATION").These items were restored, and one existing roll-up garage door was replicated during the building rehabilitation. The project successfully adapted the gas station for use as a taqueria/bar, with roll-up doors providing access between the dining room and outdoor patio during the COVID-19 pandemic. It used both state and federal tax credits, and won a preservation award in 2020 from the Louisiana Landmarks Society. 17 1 ■■ rT - , Figure 14. Before and after photos of Galaxie Taco(MacRostie Historic Advisors) 86 Corpus Christi Historic - • STRATEGY 12: UPDATE VACANT BUILDING ORDINANCE Corpus Christi's vacant building ordinance was adopted in 2018 and requires owners of property in the downtown TIRZ#3 district to stabilize and secure their vacant buildings so that they do not become eyesores or fall into disrepair.The Downtown Management District, in 2018, researched and proposed an ordinance that incorporated many best practices from around Texas and the United States, including a vacant building registration program such as the one which has proven to be tremendously successful in San Antonio. However,the Corpus Christi Association of Realtors opposed the registration program, and ultimately City Council stripped that provision from the ordinance.The resulting compromise has, unfortunately, incentivized the demolition of vacant properties that could have been rehabilitated, returned to productive use, and actively contributed to the City's tax rolls. While the vacant building ordinance forces property owners to stabilize their property or risk fines from the City, it does nothing to encourage property owners to re-occupy the building. The best way to prevent a building from being demolished is to return it to use; therefore,the City should seek to fully occupy the buildings downtown, not just physically stabilize them. The City can take three steps to achieve this goal: • Revise the vacant building ordinance to include measures that allow the city to proactively work with property owners to develop a plan and schedule to reoccupy the building. • Discourage demolition through an amendment to the preservation ordinance. • Routinely evaluate and adapt the TIRZ#3 incentive program to meet the changing needs of downtown property owners. The vacant building ordinance charges the Assistant City Manager of Development Services with administering the ordinance and ensuring that minimum maintenance standards are upheld.These standards are known in the ordinance as the "Standard of Care" and require that the owner of a vacant property to: • Protect the building from further deterioration. • Clearly identify the building's address so that it can be easily located by emergency services. • Secure all doors and windows(boarding the building's openings is not allowed). • Adequately light the building at night. If the owner of a vacant building applies for a demolition permit and the building is 50 years of age or older, it is treated as a local landmark and the owner must obtain a Certificate of Appropriateness for Demolition from the Landmark Commission. Note:The City's preservation ordinance must be amended in order for the vacant building ordinance to be successful. Under 3.16 of the Unified Development Code, once a property owner is denied a Certificate of Appropriateness for Demolition, they simply need to wait 360 days before moving forward with razing the property.The Landmark Commission should have the authority to deny demolition outright. It is further recommended that the City proactively designate the downtown area as a local historic district instead of using the vacant building ordinance as a substitute designation tool for vacant properties 50 years or older. As the historic preservation and vacant building ordinances are currently written,the only consequence to tearing down a historic building is a delay in the schedule,which increases the public's perception of preservation as an obstacle that one must overcome in order to arrive at a predetermined outcome.This also encourages property owners to circumvent the ordinances by occupying the building just long enough to apply for a demolition permit and avoid the 360-day demolition delay. According to an update on the status of the vacant building program dated January 2020, 12 vacant downtown buildings had been issued citations. Six of those citations(50%) led to the release of a demolition permit.This demonstrates that the vacant building ordinance is not leading to higher rates of occupancy; it is leading to higher rates of demolition. By strengthening the Landmark Commission's authority to deny demolition and working with vacant property owners through an annual registration process,the City can encourage historic preservation as well as higher occupancy in its downtown. t L� �f Figure 15.A vacant, boarded-up building in 2018(Corpus Christi Business News) ACTION ITEMS 39.Revise the vacant building ordinance to include a building registration process I ike the one outlined above,which will ensure continued dialogue between the property owner and the City, as well as require a documented path to re-occupy the building. 40.Identify areas of high priority for the program's initial focus, such as Staples Street, Leopard Street, Port Avenue, Laredo Street, and Agnes Street. Collect information about qualifying buildings and work directly with building owners to address these issues; the City should serve as a resource for building owners, not just a regulator. 88 Corpus Christi Historic - • RESPONSIBLE PERSONS Downtown Management District Historic Preservation Officer RESOURCES REQUIRED Support from Development Services Director, City Council PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 2: Update the historic preservation ordinance. Strategy 6: Improve the City historic preservation website. Strategy 7: Improve community outreach and standardize the public engagement process. owl rwwy Figure 16.A vacant, boarded-up building at the corner of Chipito and Staples Streets, as it appeared in September 2020(McDoux Preservation) CASE STUDY: CITY OF SAN ANTONIO San Antonio was the first city in Texas to pass a vacant building ordinance in 2014; the program has been administered with measurable success since that time. San Antonio's vacant building ordinance differs from the City of Corpus Christi's in that it requires the building owner to register the property with the City each year. Registration requirements include the following: • Property and owner information • Proof of liability insurance(no less than $100,000) • A plan to re-occupy the building with an associated timeline,which is updated every six months • Complete floor plan for use by first responders • Criminal trespass affidavits for the posting of"no trespass" placards • An annual fee of$750 for commercial properties • An annual inspection fee 1• ilial iIG��III Figure 17.A property brought back into productive use by the Vacant Buildings program (City of San Antonio) 90 Corpus Christi Historic - • STRATEGY 13: INVEST IN HISTORIC RESOURCES SURVEYS AND NATIONAL REGISTER LISTINGS Along with an effective ordinance, historic resources surveys are the building blocks of any preservation program.A historic resources survey gathers information about individual resources (buildings, structures, sites, or objects)within a specified area, and uses that data to identify potential individual landmarks or historic districts. Less typically, surveys can seek to identify specific kinds of resources within a large area, such as Mid-Century Modern Architecture or sites associated with military history or Hispanic entrepreneurs. The Texas Historical Commission (THC) maintains a database of historic resources surveys and specifies the data to be collected if a survey is paid for by federal or state funding, such as Certified Local Government program grants. If federal funding is not involved, a city may choose to collect whatever data they want, although we recommend following standard protocols to ensure that the data is usable. In any case, historic resources surveys should capture information about every historic resource in the survey area.Although "historic" resources are typically those aged 50 years or older, that means that each year, more resources qualify as "historic." Early surveys in the 1980s did not collect data about(then relatively new) buildings or structures,which have now become historic in their own right, but because no information was collected about them in the 1980s,we now have no record of what they looked like 40 years ago. Capturing data about every resource provides a benchmark for future surveys. •-••n•• •�•v e••ea rvuery lUnr r�nM-texas HISTORICAL COMMISSION Rre &821 l_Carnc Bail Clly/Rural 3cAton i 5-_i3 S.USGS Quotl No, Sile No. ZB MS to 2.Name _ 6.Aete E Address 9! ), rMi '/8 iidor - - CORI(4Cl•-)i 3.Ownn•EIS_,. 8.SryieTVRe eR R-- - s�+ L�RL 8?9 9.0+.•,IU 8 ockJL _",2-Y l rArea P csPnl Use tl t6.Des 11 e01e t =mall{ t _ ,hlr l•.s a n.ter,y 1 nrr 2 Sanficre ry ]e _ a 1 1 ra _ S t D•--E. • n as +aa+ 13.RelaOoi e_ ove Dace 'L�rlginalS: �desesihe7 P.8bliogr 0 - i5.infoemas E' I6.Rxcorder SSIJt_GHx� spate 211185 DESIGNATIONS PHOiO DATA Id-fda_ n11 THC Co 65W Px5s $Iid,, ❑RTHL ❑NABS (no.) TEX-_35mm Negc. NR' [I A tl al []H D.ource RIAE ROLL FRME ❑T c ❑M R YEAR DflNtR ROLL F Nfl il.Name OIRe. Figure 18. Photo of 810 N. Main Street, Belton, Texas: (top)as it appeared in 2012(McDoux Preservation);(bottom)survey information card from 1985(Texas Historical Commission) Another recent change in historic resources surveys is the ability to use mobile digital applications instead of paper forms and black-and-white film photographs, and the storage of survey data in a city's Geographic Information Systems(GIS) geodatabase instead of hard copy binders or(more recently) a Microsoft Access database.The National Park Service (NPS), in partnership with the National Alliance of Preservation Commissions(NAPC), has developed a mobile survey tool called CR Surveyor that works with a City's existing GIS geodatabase to collect data and easily create maps for analysis. First pilot tested in Alexandria,Virginia, CR Surveyor can be deployed on mobile phones or tablets for use by members of the community, after a short training workshop. For a fee, NAPC can help a city set up CR Surveyor to work with the city's GIS system. Otherwise,the city can hire a historic preservation consultant or cultural resources management firm to conduct a survey and provide the GIS files to the city as a separate layer in the GIS geodatabase. Figure 19. Screenshot of the CR Surveyor tool(National Alliance of Preservation Commissions) Previous surveys of Corpus Christi's historic neighborhoods captured data in 1988, 1991, 1999, and 2017 (downtown only).All of that data could be digitized and used to create additional layers in the GIS geodatabase, enabling the City of Corpus Christi to consolidate all building-level information about historic properties in one place.This will then provide an excellent reference for City staff,the Landmark Commission, and owners of historic properties, and can be added to Corpus Christi's DowntownTX.org website for the benefit of potential investors in rehabilitation projects. w-lotIN� IN— SIGNIN o eveMlxin9 n Find your place in Corpus Christi(268 results) nlenny to eorfrle� 514 Belden St Inventoried Map Satellite mom xx 1.1 NB—I—y St Inventoried 1312 N Broadway St Inventoried t_A _ 1318 N Broadway St Inventoried Figure 20. Screenshot of the DowntownTX.org website(Texas Historical Commission) 92 • •us Christi Historic Preservation Cities often use ArcGIS StoryMaps to publish this data for public viewing; for example, McDoux worked with the City of Paris to create a StoryMap that tells the history of the downtown historic district and enables viewers to learn more about specific buildings (https:Hcityofparis.maps.arcgis.com/apps/Cascade/index. html?appid=12f1 ed6b13f048aa884e7a4bfd5ad8d1). a AN III nllll!nnnm' I ■,1 ■i' 1 ,r ' ' . .., ...� c`1 iI :,■SII �9��I1■ 5.111' �� ■ = �' t,■ j-..—mom ■. /' ....ISM IN IN 11110 Figure 21. Screenshot of the City of Paris "Exploring Paris History'StoryMap(McDoux Preservation) Other Corpus Christi neighborhoods that were not previously prioritized for survey should be surveyed now, particularly the Hillcrest/Washington Coles and Westside neighborhoods. Although the Texas Department of Transportation conducted a survey of Hillcrest/Washington Coles as part of their required compliance with federal law,the City of Corpus Christi is not bound by the narrow criteria that compliance projects use to define "historic" and "significant" properties.The City would benefit from understanding what remains in those neighborhoods and the opportunities to conserve and interpret African American history that is important to the community, including those who have been relocated across the city. By surveying more of Corpus Christi and adding survey data to the City's GIS geodatabase, the Historic Preservation Officer and Landmark Commission will be able to easily identify potential individual landmarks, boundaries for potential historic districts, and potential Multiple Property Submissions to the National Register of Historic Places.As mentioned in earlier sections of this Plan,the National Register creates no new regulations and does not restrict property owners in any way, but it does make individual properties eligible for existing federal and state tax incentive programs and could be one of the qualifying criteria for any new local financial incentives, as discussed in the remaining Strategies. Importantly, Multiple Property Submissions(MPS) establish eligibility for individual properties to be nominated to the National Register, but an MPS is only required to be accompanied by a single individual nomination; property owners can then pursue tax credits and individual nominations for their own properties without further City investment. All historic resources surveys and subsequent nominations to the National Register of Historic Places or applications for local designations enable additional historic preservation activities, including heritage tourism, economic development, civic pride, etc. Further, historic resources surveys and National Register nominations can be funded through federal funding including Certified Local Government grants (which require a match) and Underrepresented Communities grants(no match required). ACTION ITEMS 41.Digitize legacy survey data.The City's investment in historic resources surveys should begin with digitizing legacy survey data and moving that into the City's existing GIS system. Having this consolidated before beginning future surveys will help to prevent issues with misaligned property names/addresses going forward. 42.Invest in a data collection tool like CR Surveyor that enables participation by the hundreds of community members who indicated they want to become more involved in historic preservation in Corpus Christi.Alternatively, the City's GIS department could develop its own field survey data collection app using the tools currently available through its ArcGIS license. 43.Determine who will collect and analyze data. For example, it may be more cost effective to deploy community members to update legacy survey data while hiring historic preservation professionals to conduct new historic resources surveys.The analysis of survey data and recommendations for potential new historic landmarks, districts, or Multiple Property Submissions is probably best handled by professionals.This activity could help to organize new local preservation nonprofit organizations. 44.Prioritize areas to be surveyed or resurveyed. Resurveys (with data collected by community members) and new surveys (conducted by historic preservation professionals) could happen in parallel. One is not dependent upon the other.Areas that are especially threatened by redevelopment should receive the highest priority.Work with community members to identify high-priority areas. 45.Seek funding (where necessary)for professional assistance. Grants for federal funds are typically awarded once per year and require months of lead time. Local grants from philanthropic organizations may be available for a more rapid turnaround. 46.Share information gathered with the community and other City officials.This can provide an opportunity to discuss tax credit programs and other benefits of historic preservation, as well as dispel any misconceptions about the nature of the National Register program. RESPONSIBLE PERSONS Historic Preservation Officer GIS program manager RESOURCES REQUIRED Support from GIS department Funding for GIS data collection survey tool, additional surveys PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 2: Update the historic preservation ordinance. Strategy 6: Improve the City historic preservation website. Strategy 7: Improve community outreach and standardize the public engagement process. 94 Corpus Christi Historic - • 2021 STRATEGY 14: DEVELOP LOCAL TAX INCENTIVE PROGRAMS During the Community Opinion Survey, more than 60% of respondents indicated that the City should offer financial incentives to help property owners rehabilitate historic buildings.The same number agreed that some rules should apply to those receiving incentives, as long as those rules were reasonable, clearly communicated, and established upfront. In 2016, McDoux completed a research project for the City of Belton, Texas, which was considering adding a tax exemption program. The following information is excerpted from that project's summary report of findings and recommendations, with permission from planner Tina Moore, City of Belton. During that project, McDoux identified 33 Texas cities that offer local tax incentives.These programs vary a bit but, overall, were quite similar.All included information about: • Whether tax is exempted, abated, or refunded (or some combination of those) • If the tax exemption is transferable with the property in the event of sale • The type of tax affected, the percentage of tax exempted, and how tax exemption is calculated • The number of years the tax exemption may be taken • Whether participation also freezes the taxable value of the improvement/property, and if so, for how long • If an annual review/inspection is required, and if so, who conducts it • Any other action/activity required by applicant in order to maintain exemption • Potential reasons for losing exemption APPLICATIONS All of these programs require an application, which may be submitted on a rolling basis throughout the year. Supporting documentation may be required to substantiate the historic significance of the property, the need for the improvement, a proposed list of work to be done, estimated schedule and budget, etc. Applications are generally submitted to the Planning Department and reviewed by the Planning staff and/or the Historic Commission. Some cities allow the Historic Commission to approve applications, with the potential for an appeal to City Council, while others require applications to be approved by City Council.There is generally no application fee associated with these programs. Participation in the tax exemption program is always recorded with the County Appraisal District, and exemptions transfer with the property in the event of a sale.The property owner may be required to submit an application for renewal by a certain deadline each year. Most of the time, that is submitted to the City; less commonly, the application goes to the County Appraisal District. ELIGIBILITY Both residential and commercial buildings are usually eligible for local tax exemption programs, and only a few programs exclude owner-occupied or non-income-producing properties. Many of these programs require that the property must have a historic designation of some type before the application for the historic tax exemption may be submitted or, if the proposed work reverses inappropriate alterations and results in the property becoming eligible for a historic designation,that the designation must be in place before the tax exemption can be claimed. However, historic designations are not always required. Across the state, eligibility requirements vary and may require properties to be: • Listed on the National Register of Historic Places as an individual landmark or contributing to a historic district • A Recorded Texas Historic Landmark or State Antiquities Landmark • A local landmark or contributing to a local historic district • Identified as "High Priority" on a credible survey of historic resources, which has been formally accepted by City Council • Constructed before a specified year, such as 1900 TYPE OF IMPROVEMENTS REQUIRED The improvements required in order to receive a historic tax exemption are typically based on the activity that the City is trying to encourage, such as: • Major renovation/restoration of historic properties.This type of program requires a "substantial improvement" of the property in order to qualify for the tax exemption.The threshold for"substantial improvements" is often quantified by establishing a minimum project cost and/or a minimum percentage of the pre-improvement assessed value. For example, a typical requirement might be a minimum investment of$5,000 or 25%of the pre-improvement assessed value of the structure(excluding the value of the land), whichever is greater.The expenses that can be included in the calculation of minimum investment are generally defined clearly and include only those which constitute permanent improvements to the structure (i.e., not temporary fixtures or appliances), as well as architectural or engineering fees, and sometimes construction-related expenses, such as dumpsters or protective site fencing. • Ongoing maintenance to prevent or address blight or deterioration.This "neighborhood stabilization"-type program does not require an upfront investment in improvements to the property; instead,the tax savings afforded by the exemption is intended to be used to perform maintenance and repairs.This requires Planning staff or Historic Commission members to inspect the property during the initial application period and identify needed improvements,which then must be addressed by the following year's inspection in order to maintain the tax exemption. • Historic designations. If a city is struggling to encourage historic preservation at all, a tax exemption may be used to reward those property owners who choose to designate their buildings as local landmarks or contributing to a local historic district.This provides an economic incentive for a property owner to accept the City's oversight of their building, through the COA process,when they or future owners wish to make exterior alterations. 96 Corpus Christi Historic - • OVERSIGHT REQUIRED In most programs, property owners receiving the local tax incentive may not undertake changes to their property without review through the Certificate of Appropriateness (COA) process; an approved COA is typically required before the property owner can claim the tax exemption. In addition, after the work is completed,the property may be inspected to ensure that the work was performed as proposed in the COA, before the tax exemption is certified to the county tax appraiser. Some cities limit the time available to complete the proposed work (such as two years for a residential property or five years for a commercial building). On an ongoing basis, an annual review or inspection is often required to ensure that the property has not been demolished or allowed to deteriorate.A failed inspection,which may be (but is not always) based on specific criteria outlined in the ordinance, may result in a warning with opportunity to resolve the problem, or it may result immediately in the loss of the tax exemption. Failure to pay delinquent taxes or follow local building codes,the Secretary of the Interior's Standards for the Treatment of Historic Buildings, or other applicable rules may also result in the loss of the tax exemption. Some cities specify a recapture period during which any deterioration (i.e., demolition by neglect), inappropriate alterations, or demolition of the property will result in the property owner having to repay all exempted taxes. VALUE OF THE TAX INCENTIVE A tax exemption or abatement may be claimed for 5, 10, or 15 years and may be based on the value of the improvements to the building as a percentage of the pre-improvement assessed value. For example, if the value of improvements is 25-50%of base value,the tax exemption might be good for five years, while improvements over 50%would result in a 10- year exemption period.This can be used to encourage more extensive restoration projects. Options include: • A tax exemption applied to the entire value of the building,following the improvements. • A tax exemption applied only to the increase in the value of the building. • A tax abatement,where the taxable value is frozen at the pre-improvement value for the exemption period • Some combination of the above The total annual value of the tax exemption may be capped (for example, up to $30,000 per year). In some cases,the tax incentive may not be time-limited; for example,the City of Houston offers a special tax exemption in perpetuity for buildings converted from an original non-residential use to at least residential units and which are designated as Protected Landmarks. Only one city offers a refund of property taxes paid. Planning staff across Texas have noted that complex formulas can be difficult for the public to understand, and several existing programs are currently being revisited with the goal of simplifying them. EXAMPLE 1:TAX ABATEMENT FOR DISTRICT DESIGNATION The Morningside neighborhood provides an example of a cost-benefit analysis for the impacts of a tax incentive given to property owners in newly designated Protected Historic Districts who remain in their homes during a 10-year tax incentive period. A tax abatement, in this example, would freeze a portion (20%) of the appraised value of the entire property for 10 years, resulting lower property taxes. The calculations for this example used Nueces County Appraisal District data for all properties within the Morningside neighborhood boundaries, as defined by the City of Corpus Christi Development Services department. • A total of 130 properties are contained within the Morningside neighborhood boundaries, representing $21.6 million in total appraised value. In 2020, a total of $109,368 in property taxes was due from the neighborhood as a whole. • If a 20%tax exemption for owner-occupied residences were enacted as a new historic district was established, 91 properties would be eligible (as determined by matching owner address and mailing address).The average appraised value of those 91 properties at the time of publication was $171,456. • Those 91 properties would freeze at $15.6 million assessed value and a total of$100,833 in taxes due in year 0. • The average increase in residential property values in Nueces County between 2014 and 2018 was 11%.Assuming a 10% annual increase in assessed value, the following table shows the fiscal implications over the 10-year period. Year 1 2 3 4 5 6 7 8 9 10 Total 20%Tax Value $ Frozen $ $ $ $ $ $ $ $ $ $ 201,667 20,167 20,167 20,167 20,167 20,167 20,167 20,167 20,167 20,167 20,167 20%Tax Value $ $ $ $ $ $ $ $ $ $ $ if no 20,167 22,183 24,402 26,842 29,526 32,479 35,727 39,299 43,229 47,552 321,405 exemption $ Foregone Revenue DverTen-Years 119,738 CONCLUSION: A 20% exemption would result in a total of$119,738 in foregone revenue over the next 10 years, an average of less than $20,000 per year.The average tax savings per household would total $1,315 over the 10-year period, or an average annual tax savings of about $110 per year per household. This program would be applied automatically to any Protected Historic District(commercial or residential) once designated. •: Corpus Christi Historic - • 2021 EXAMPLE 2:TAX ABATEMENT FOR SUBSTANTIAL REHABILITATION (RESIDENTIAL) A tax abatement for substantial rehabilitation could be made available for residential properties in need of repair. Only designated Protected Landmarks would be eligible for the 10-year freeze on appraised value of the improvements (i.e., the building, not the land). Property owners would need to present a rehabilitation plan for Landmark Commission approval, with investments totaling more than 50% of the value of the improvements. Following the verification of the completed rehabilitation work, the City would notify the Nueces County Appraisal District that the tax freeze is approved. The fiscal implications would vary on the amount of private investment into the property. If a property owner spent the minimum amount of 50% plus $1 of the improvement value, the City would recover the taxes in 7 years after the freeze expired (assuming a 0% annual increase in assessed value).Two examples are provided below. Large Historic Property 821 Oak Park Ave Year Built 1929 Square Feet: 5,930 Appraised Value (2021): $349,042 Improvement Value (2021): $279,806 Substantial Rehabilitation Cost: $139,904 Ten Year Tax Revenue foregone: $22,557 Post-Rehabilitation Appraised Value: $488,946 Post-Rehabilitation Annual Taxes: $3,160 Years to Recover Foregone Revenue: 7.14 Average Substantial Rehab 317 Katherine Drive Year Built 1938 "4 Square Feet: 2,030 Appraised Value (2021): $208,117 - f Improvement Value (2021): $153,457 Substantial Rehabilitation Cost: $115,000 (based on 75% of improvement value) Ten Year Tax Revenue foregone: $13,453 Post-Rehabilitation Appraised Value: $323,117 Post-Rehabilitation Annual Taxes: $8,088 Years to Recover Foregone Revenue: 6.44 EXAMPLE 3:TAX ABATEMENT FOR SUBSTANTIAL REHABILITATION (COMMERCIAL) A tax abatement(freeze on appraised value)for substantial rehabilitation could be made available for historic commercial properties in need of repair. Only designated Protected Landmarks would be eligible forthe 10-year tax abatement. Property owners would need to present a rehabilitation plan for approval, with investments totaling more than 50% of the appraised value of the improvements (not land). Following the verification of the completed rehabilitation work,the City would notify the Nueces County Appraisal District that the tax freeze was approved. The fiscal implications would vary, based on the amount of private investment into the property. If a property owner spent approximately $130/square foot to rehabilitate a vacant or underutilized property, based on the following example, the City would recover the foregone tax revenue in 8.69 years. Downtown Historic Commercial Property 1 102-1 104 Leopard Street(Welch Tcheidel Building) Year Built 1926 Square Feet: 7,822 Appraised Value (2021): $138,290 Improvement Value (2021): $97,040 ' Substantial Rehabilitation Cost: $1,016,860 Ten Year Tax Revenue foregone: $59,444 Post-Rehabilitation Appraised Value: $1,058,110 Post-Rehabilitation Annual Taxes: $6,383 Years to Recover Foregone Revenue: 8.69 If the City were to lower the abatement to 50% of appraised value after 5 years, the City would recover the foregone revenue in 4.35 years. This program would be available for any historic commercial property designated as a Protected Historic Landmark. 00 Corpus Christi Historic - • ACTION ITEMS 47.Determine the goals for local tax incentive programs. 48.Identify programs in other cities that can serve as good models. Discuss the programs with historic preservation/planning staff in those cities to gather lessons learned about program development, implementation, and ongoing opportunities or challenges. 49.Develop a proposal (including economic analysis for the specific types of tax incentive, value, and duration in each program)for consideration by City staff. 50.Engage with the community through multiple meetings (as appropriate)to explain the goals, proposed responsibilities and benefits associated with each program, and implementation plan/schedule; answer questions and gather feedback. Make revisions as necessary, 51.Bring proposal to the Landmark Commission, Planning Commission, and City Council for consideration.This may be an iterative process. 52. After approval, develop a communications strategy to make property owners aware of the program and to encourage participation, measure interest and response, etc. 53.Plan to collect data that will be needed for annual reports to City officials. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Support from Development Services Director, City Council PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 2: Update the historic preservation ordinance. Strategy 6: Improve the City historic preservation website. Strategy 7: Improve community outreach and standardize the public engagement process. "PROMOTE H ISTORIC • • •M IC DEVELOPM ENT TOOL101 CASE STUDY: HOUSTON,TEXAS The City of Houston's Economic Development Department offers two tax incentive programs that encourage historic designations. The original Historic Site Tax Exemption program is available to local landmarks, Protected Landmarks, and buildings that are classified as Contributing to a locally designated historic district.A Certificate of Appropriateness approved by the historic commission is required for exterior improvements.The property owner has five years to complete improvements. If qualifying expenditures are at least 25% but less than 100% of the base value,then the exemption for each year on the assessed value of the structure equals the amount of the qualifying expenditures. If qualifying expenditures are 100%or more of the base value of the improvements,the value of the exemption depends on the type of property: • For single-family residential properties that are not within qualifying census tracts,the exemption is equal to the qualifying expenditures. • For properties other than single-family residential properties within qualifying census tracts,the exemption is 100% of the assessed value of the historic structure or improvements not including the value of any land associated with the historic site. The exemption will begin on January 1 st after the date the Director of Economic Development makes the determination the owner has met all the requirements of the Ordinance.The exemption will last 15 years, if the project receives no financial incentive from municipal hotel occupancy taxes; otherwise, it is good for 10 years.The exemption amount will not exceed the initial amount during the historic site exemption. The exemption automatically continues as of January 1 st of each year unless the Economic Development Department Director finds, during their annual review of the property, that taxes assessed on the property are delinquent; the historic site has deteriorated, has been demolished or destroyed; or that the property has been the subject of a Certificate of Appropriateness issued for demolition or because the applicant waited out the 90-day delay for changes to regular(not Protected) historic landmarks, in which case the tax exemption will be revoked. If sufficient restoration work has not been completed to satisfy the percentage of tax exemption within 5 years of the passage of an historic site tax exemption ordinance the within 5 years of the passage of an historic site tax exemption ordinance then the exemption ordinance will expire. The applicant must re-apply for the exemption each year before April 30th with the Harris County Appraisal District. A second Historic Tax Exemption program is limited to locally designated Protected Landmarks that are at least 50 years old and individually listed in the National Register of Historic Places, designated as a Recorded Texas Historical Landmark, or referenced as having historical significance in an authoritative survey conducted by a non-profit or governmental agency. In addition, if the property is currently residential, it must have more than four units and originally have been built and used for non-residential purposes.These significant historic buildings may be exempted from City of Houston ad valorem taxes for both improvements and land, up to $30,000 per year in perpetuity. 102 Corpus Christi Historic - • CASE STUDY: ROUND ROCK,TEXAS Since 1982,the City of Round Rock,Texas, has offered a partial tax exemption program for historically significant properties, with the goal of encouraging owners to undertake regular maintenance and repair. Initially, properties did not have to be designated historic to participate; today, eligibility is limited to properties on the National Register of Historic Places, Recorded Texas Historic Landmarks, locally designated with the City's historic overlay zoning, orthose properties which participated underthe previous incarnation of the program. This program exempts 75%of the appraised value of land plus improvements from the City property tax. Only that portion of land which is necessary for access to and use of the historic structure(s) is eligible for the tax exemption; the rest of the land is taxed at the regular rate. The Historic Preservation Officer determines the amount of land to be included in the tax exemption. Owners must apply to the County Appraisal District each year and allow an inspection of their property to determine if it meets minimum property, health, and safety standards,which are clearly defined in the ordinance.The Historic Preservation Commission recommends recipients to City Council,which holds a public hearing, after which it considers and adopts each year's slate of tax exemptions by ordinance. Beginning in 2016, if a property owner demolishes a historic structure for which they received a partial tax exemption during the previous five years, the owner must pay the City an amount of money equal to the total value of the tax exemption granted during the previous five calendar years, and the City can pursue the owner for delinquent taxes if needed to recapture those funds. o C, Figure 22.Aerial view of downtown Round Rock, Texas(Downtown RoundRockTexas.com) This page intentionally left blank. 04 Corpus Christi Historic - • STRATEGY 15: DEVELOP FACADE IMPROVEMENT PROGRAM OUTSIDE TIRZ#3 Facades are typically defined as the front or side of a commercial building that faces a public street and is visible from a public right-of-way(excluding alleys). Facades may be storefronts, as well as upper stories above storefronts. In this section, the word "facade" applies exclusively to commercial buildings. The Corpus Christi Downtown Management District currently administers a facade improvement program for properties within TIRZ#3 and could potentially add a second facade improvement program —for commercial buildings outside TIRZ#3 —to their portfolio if the City were to provide both the improvement funds and funding for staff time to administer the program. The following information was developed for the City of Austin in 2018 and is summarized here with permission from development services manager Elizabeth Brummett, City of Austin. TYPICAL PROGRAM GUIDELINES Program guidelines/policies for facade improvement programs often include language allowing the administrator to decline to fund, or otherwise exclude certain business activities if the use and/or project is not consistent with the City's development or redevelopment plans. Facade improvement programs may require an application fee, usually less than $100. Other general requirements that typically apply include: • All rehabilitation work and design features must comply with all applicable city codes and ordinances, as well as state and federal law. • All applicable permits and licenses must be obtained, including permits and Certificates of Occupancy required by the City and all other state and local permits. • Work must follow plans and specifications approved by the administrator.After approval, any changes to the project(no matter how minimal) must be approved by the administrator. • Land use must conform with applicable zoning regulations. If current land uses, sites, or structures are nonconforming at the time of application, they must be brought into compliance through the grant-assisted project. • Buildings with existing code violations or deficiencies must include their remedy as part of the proposed investments. • The program recipient must communicate with the administrator about project progress when requested to do so, and must resolve any issues or questions. • The administrator must have the right to make site visits and, should anything be discovered that is not consistent with the approved application, withhold or recapture grant funds or take any other available remedy to maintain compliance with program guidelines. Most programs require that the project must begin within a certain amount of time(such as 90 days or six months)following notification of funding and be completed within a certain amount of time (such as one year). "Completion" may require occupancy. If extensions are allowed,the program usually stipulates how those must be requested and approved, and what will happen if the project is allowed to lapse. If projects lapse or applications are denied, the City may prohibit re-application within a certain time period (such as six months or a year). Programs often require the display of signage acknowledging the program's role in the facade improvement project for some period of time, as well as the right to use the recipient's name and photographs or video recordings of the project for any lawful purpose. FUNDING SOURCES Cities use a variety of funding sources, singly and in combination,to pay for facade improvement programs. Economic Development Corporations(EDCs) are the most common administrators of and funding sources for facade improvement programs.These nonprofit organizations are separate from local governments' economic development departments. EDCs obtain their funding primarily through sales tax receipts, although — as a tax-exempt 501(c)(3) organization —they are also able to: • Seek grants and accept tax-deductible contributions • Take loans or issue bonds against future sales tax receipts • Lend money to businesses(in connection with projects) and earn interest • Collect user and admission fees from public facilities, such as sports venues that are operated as economic development projects • Earn income from the sale of property for business development purposes. • Make grants to for-profit private entities for charitable purposes, according to the Internal Revenue Service General Revenue Funds or Bond Funds are another option.The Texas Main Street Program notes that: "Under its general authority, a municipality may opt to pay for public improvements in the downtown through its tax-supported general revenue fund.There are also numerous types of bonds a city can use to fund projects, some of which require voter approval and some which do not. Projects funded in these ways may or may not result in a tax increase to the community at large" Community Development Block Grant(CDBG) funds are primarily used for economic development, and the rehabilitation of historic buildings can improve property values, spur investment in downtown commercial areas, and create job opportunities. CDBG funds may be used for the following eligible activities, per 24 CFR 570.202(d) : • Financial and technical assistance to private,for-profit businesses that involves historic properties • Designing facade improvements • Facade rehabilitation for privately owned commercial buildings • Technical assistance, including facade improvement workshops; educational programs that encourage private initiatives such as private investment,the use of tax incentives, etc.; and training for municipal and community leaders on historic preservation strategies and techniques. 106 Corpus Christi Historic - • CDBG funds also may be granted or loaned to subrecipients, including small business investment companies and local economic development corporations, for eligible activities. CDBG funds may be used to make up the non-Federal share of local matching requirements for Federal grants-in-aid. Note: Projects using CDBG funds are required to bring all building systems up to code. Additional regulatory approvals may include, but not be limited to, an environmental assessment and impact review, as well as review by the Texas Historical Commission under Section 106 of the National Historic Preservation Act. Tax Incentive Reinvestment Zone (TIRZ) and Tax Increment Financing (TIF) are authorized by the Tax Increment Financing Act and Chapter 311 of the Texas Property Tax Code and can be used to spur downtown development. Some programs (such as Amarillo,Texas) provide funding through a TIRZ, which is the real property that is taxed when the city creates a TIF zone or district. When a TIRZ is created, a baseline of property value is established. As tax values increase, the increment over the baseline is returned to the city to finance projects and activities within the district. Hotel Occupancy Tax(HOT) Funds generated through hotel occupancy taxes imposed by city governments (as authorized by the Texas Tax Code) are used to promote tourism and the convention/hotel industry; the allowable uses for those funds include historical restoration and preservation projects. Special Assessments Districts are authorized through statute. Once established, property owners in the district pay an added assessment, which is in turn used to provide services in the district. Private 501(c)(3) Foundations that make grants may be able to provide funding to an economic development corporation, which then can manage the facade grant program. In some instances, the foundation itself may be able to provide grant funding. FACADE IMPROVEMENT GRANTS Facade improvement grants are, by far, the most common funding mechanism used by cities to encourage, support, and manage the revitalization of historic commercial districts. Of the 70 city facade improvement programs reviewed in 2018, only one did not use grants: Oklahoma City, which has a revolving loan fund. Forty-two of those cities were participants in the Texas Main Street Program, which provided information from its 2017 annual survey of member cities for the research project.All of the facade grant programs studied were available to for-profit property owners. Applications and program guidelines tend to be quite simple for many cities, regardless of the maximum amount of the grant.The most detailed program materials come from Albany, New York. Most of these programs have similar characteristics, which are described below. Note: Examples are provided for reference purposes and should not be considered recommendations. "PROMOTE H ISTORIC • • •M IC DEVELOPM ENT TOOL107 1. Minimum Investment A few programs require a minimum project investment, but those that do have very low thresholds, with requirements that applicants must propose to invest at least some amount (e.g., $600; $2,000; or $5,000) as their share of project costs. 2. Maximum Value of Financial Incentives The value of facade grant programs, and specifically what those grants can fund, vary widely. Interestingly, the maximum grant amounts did not seem to be driven by the size of the city or its downtown area. Some larger cities offered small grants, while some small cities capped their grants at higher values. About 25% of facade grant programs can fund paint-only or sign-only projects, in addition to full-facade improvement projects.Typical paint-only grants range from $250-$5,000, with $1,000 being the most common value; sign-only grants range from $250-$1,000, with $500 or $1,000 being the most popular limits.When the grantor offers separate facade, paint, and sign programs, these usually can be combined and may be capped at a higher total value. The most popular grant limits were $5,000 (10 cities); $10,000 (17 cities); and $25,000 (9 cities). Nine cities have limits under $5,000, with $1,000 being the lowest cap for a facade (rather than a paint-only or sign-only grant).The highest limits found were $50,000 (2 cities), $40,000; $37,500; and $30,000 (2 cities). Some programs base the grant on the area or linear width of the facade, with values such as: • $60 per linear foot of facade per floor, with a $4,500 cap • $400 per linear foot of facade, up to $20,000 • $18 per square foot of street-facing facade, up to $15,000 • $20 per square foot of street-facing facade, up to $50,000 A few programs allow the inclusion of non-facade items, including interior rehabilitation; some specify what those may be, such as electrical and plumbing improvements. One program offers a higher maximum grant for buildings/centers that are at least 10,000 square feet in area and have three or more tenants. 3. Required Matching Funds Facade grant programs typically require a $1-to-$1 cash match, although grantor/grantee ratios of 90/10, 80/20, 75/25, 60/40, 50/50 were also seen. In two cases, the grantee-to- grantor contribution requirements were $3-to-$1 and $440-$1. In Laredo,Texas, business owners are only required to match $500 (for a grant up to $25,000). Mission,Texas, awards up to $3,000 with no required match, or up to $10,000 for matching grants. In-kind or donated services generally are not counted toward a required match. 108 Corpus Christi Historic - • 2021 4. Reimbursement Grants Most fagade grants are reimbursements; programs typically make a single reimbursement payment after the project is completed. Reimbursement requirements may include: • Copies of all permits, inspections, and approvals by the Building Department • Copies of all vendors' itemized invoices/receipts and proof of payment(canceled checks, credit card statements, etc.)to prove that vendors have been paid; if employees rather than contractors are used, copies of payroll documentation and employee paychecks • Photographs showing completed work, per the approved scope of work • The applicant(property owner or lessee) may be required to submit a completed W9 form (Request for Taxpayer Identification and Certification) prior to payment. Cost overruns are not eligible for matching funds/reimbursement. 5. Design Principles/Standards Some facade grant programs provide specific guidance or standards for the design of improved facades. 6.Application Requirements Applications for fagade grant improvement programs may require legal agreements between grantor and grantee, as well as documentation such as: • Completed application form • Project plan, including detailed scope of work, architectural drawings, and conceptual images or renderings showing proposed materials and colors and their anticipated location on the facade • Color photographs showing existing condition of building, including: o Entire building facade o Specific items to be addressed within scope of work • Color samples/swatches(if painting is planned) • Material samples/swatches that indicate the quality of finishes • For signs, renderings that accurately depict dimensions and lettering size/style • Site plan/map showing location of property • Sealed statement by a qualified structural engineer, affirming that the existing structure can support the proposed fagade improvements; engineering calculations may be required, if requested • Budget/cost worksheet • Up to three estimates from licensed/insured contractors, architects, and/or engineers showing work to be done and costs.The grantor may require estimates to be current(e.g., dated no earlier than 90 days prior to the application submittal date). • Pre-qualified contractors may be required, or any contractor submitting a competitive, detailed estimate may be used; the lowest bidder may or may not be encouraged/ required. • Contractors may be required to supply additional information, such as business license, tax ID number, etc. • Self-contracted work may or may not be eligible, in whole or in part(e.g., eligible expenses may be reimbursable, but not labor costs). • Copies of building permits, if already issued, or a letter from the Building Department stating that the project does not require a permit • Documentation of commitment of funds for the project(bank statement or commitment letter) • A copy of the property tax bill or deed to confirm ownership • If owner is not an individual, a copy of the organizational documents showing all principals and partners • A list of all properties owned by all owners, including partners and principals • Signed statements of agreement from each lienholder • For lessees, a property owner declaration of consent for the project, including the approved scope of work and design review terms/conditions; may take the form of a letter from the property owner, or the application may include a place for the owner to co- sign with the applicant/lessee. • For lessees, a legally valid and binding lease for a period that, at a minimum, does not expire prior to the anticipated project completion date • Proof of current property and casualty insurance • Letter or Certificate of Appropriateness signed by the City Planning Director, confirming that the project conforms to any/all city design standards for the historic district or overlay area • Termite inspection report performed within the past six months • Asbestos survey performed within the past six months • Estimated number of jobs to be created by the project work • Estimated number of jobs to be created as a result of the facade improvement 7. Review and Award Process • Application is reviewed for completeness and eligibility. • Applicants are notified of any missing items, which must be submitted within a stated timeframe following notification, or the application will be considered incomplete and not subject to further consideration. • All eligible, complete applications will be evaluated on a case-by-case basis using the specified scoring process and criteria, such as: o Alignment with the program's eligibility requirements and overall goals o Quality and completeness of application o Aesthetic impact and storefront design o Corrections to existing building code violations 110 Corpus Christi Historic - • 2021 o Compliance with ADA and/or creation of barrier-free access o Preservation of historically significant architecture o Total private investment o Applicant's readiness to proceed • The grantor reserves the right to reject any project. • Submission of a complete application does not guarantee funding; the grantor is not required to make any award. • The grantor reserves the right to request more information, and request specific design or operating changes at any time throughout the review process. • The grantor may award funds on a first-come,first-served basis until available funding is exhausted, or applications may be evaluated on the basis of pre-established criteria and selections made at one time. • Successful grantees are required to execute a grant agreement and other security documents,which may include: o Promissory note (forgivable on meeting all grant requirements) o Personal guaranty for the note(if the applicant is an entity) o Mortgage(subordinated to certain other mortgages, at the grantor's discretion) o Lien filings o Commercially reasonable indemnification/insurance obligations on the part of the applicant, intended to protect the grantor from any potential liability related in any manner to the grant o Additional documentation as determined by the grantor 8.Application Period The time period during which applications may be submitted varies from city to city. For example: • Applications may be accepted on a rolling basis throughout the year. • Applications may be accepted during a specified application window. • Applications may accepted until the application window closes or until available funding is exhausted, whichever comes first. 9. Building Eligibility Some of the various eligibility requirements for buildings include: • Must be a current place of business for the applicant's small business or nonprofit entity. • May or may not include residential use; this may include or exclude hotels and other commercial lodging businesses. • Must be located within the City limits and, in most cases, within a specified area or areas. • Must have an existing storefront or a location for a new storefront, that meets the definition of facade. • The facade to be improved must provide public access to a business or businesses within the building. • Priority may be given to buildings that: o Are architecturally or historically significant o Are visually prominent o Have inappropriately applied non-historic facades o Are unsightly o Are in need of repair 10.Applicant Eligibility Many programs require applicants to provide proof that they meet certain criteria.The list below includes compiled requirements for various programs. It is not intended to be read as recommended eligibility criteria, but rather as suggested options from which the City of Corpus Christi may draw inspiration. Separate from the eligibility requirements, disadvantaged, minority, and woman-owned business enterprises are often encouraged to apply. Established Entity • Must be a legal entity, which is properly registered (and, if necessary, licensed)to operate in the State. • Must be an independently owned, operated, and controlled small business; for example, with 25 or fewer employees at the time of application. • Must be currently operating or committed to operate a business in the City. • Must be an existing or new business that currently occupies or plans to occupy first-floor space with street-front presence and access. • Membership in a downtown, Main Street, merchant association, or economic development organization may be required in order to apply. 112 Corpus Christi Historic - • 2021 Ownership or Tenancy • Must be the legal owner of the subject property or a commercial tenant of the property in possession of a current lease that will not expire prior to the anticipated completion of the facade improvement project. • If not the owner, must have written consent from the property owner giving permission to conduct the improvements. • Property owned by any government entity is not eligible for grants. Owner or Business Type Some programs exclude from eligibility specific types of owners or businesses, such as: • Religious groups • Nonprofit organizations that pay no property tax • Properties on which taxes are being paid, but which have a nonprofit use, such as schools, charities, clubs, organizations, etc. • Daycare facilities • National franchises of retail chain stores (to promote local business development) • Funeral homes These types of exclusions might be used to shape the downtown district; consult with the City attorney to determine whether such exclusions are permitted. Organizational Stability • Must commit to remain in the subject location and maintain the facade improvements for a minimum period of time (e.g., six months; two, three, or five years).A recapture period may apply.The subject business must not be closed, sold, transferred, downsized, or relocated during that time. • If relocating an existing business from another location within the City, the applicant must show evidence of business expansion or the inability to continue to operate at the existing location. Financial Stability/Ability to Complete Project • Must show evidence that the applicant(and building owner, if different) is current on all federal, state, local, business, property, sales, and payroll taxes and not in default on any mortgage or other lien against the property. • At the time of application, must be able to document the availability and commitment of the funds necessary to complete the project, including matching funds amounting to at least 50% of the total project cost. • The grantor may require that the grantee accept the funding as a loan, against which a lien will be secured on the eligible property, subordinate to the mortgage lien; a set percentage of the loan is then forgiven on a yearly basis until the end of the recapture period, unless the applicant/owners or subsequent owner fail to comply with the requirements of the program, in which case the balance of the loan becomes immediately due and payable.Alternately, a deed of trust that self-amortizes proportionally each year through the recapture period may serve the same purpose. Other Requirements. Applicants who have received previous facade grants or other public assistance for the same property may not be eligible to apply for new projects for some period of time (e.g.,three or five years). • Applicants who own multiple buildings/businesses may be limited to one application per year or funding cycle. • The applicant may be required to discuss their plans with appropriate City department(s) prior to submitting the application. • Only one grant is be awarded per building/parcel per funding window/round. • A building that has an active Facade Improvement application and/or award is ineligible. • One city requires that, if the applicant seeks funding for a building that will house a convenience retail store,they must document and certify that the business will maintain an inventory of fresh produce for sale for the term of the grant, in the interest of eradicating food deserts within the city. If the building contains an existing convenience retail store which does not currently sell fresh produce,the applicant must sign an agreement indicating that they will contract with a produce distributor in order to provide fresh produce at the assisted business location. 11.Types of Improvements Funded Some programs explicitly require that the improvements must be appropriate for the building and consistent with the current business use, in addition to preserving the building's architectural integrity and restoring, if possible,the original facade. Eligibility criteria may mention the Secretary of the Interior's Standards for the Treatment of Historic Properties, and local Main Street Program grant guidelines frequently include a copy of the Standards, as well as a one-page list of"Rehabilitation Tips" (see Appendix Q. Qualifying project expenditures may include the repairs, replacement, and installation of the following, if they are part of an approved exterior facade improvement project. Please note that list is compiled from all 70 comparison cities and does not represent the projects eligible for grants in anyone city. Examples of eligible projects include: • ADA compliance (may or may not include sidewalk improvements) • Architectural and engineering fees(only for those services related to the approved facade improvement process) • Asbestos remediation • Awnings • Cornices(repair or replacement) • Corrections to code violations • Decorative details • Demolition and/or site preparation costs (exterior) • Doors(repair or restoration, or replacement of nonconforming), framing, trim, hardware • Gutters and downspouts • Lead remediation 114 Corpus Christi Historic - • • Lighting (building-mounted lighting that illuminates the facade or signage) • Masonry cleaning, repair, and repointing (includes brick, stone, and tile) • Paint(exterior only; does not include painting previously unpainted brick, stone, or tile; may include murals; may include conservation of ghost signs) • Parapets(repair or restoration) • Reconstruction of original architectural elements, based on documentary photographic evidence of the subject building (not based solely on similar buildings) • Removal of non-historic materials and/or elements that cover historic architectural details, such as slipcovers or roll-down security gates • Removal of paint from brick(restoring it to its natural condition) • Roof repair and replacement,where the effects will be visible from the public street or public parking lot(e.g., sloping roofs rather than flat roofs) • Security systems(including surveillance cameras) and interior security gates(new roll- down, open-grid style) • Shutters • Sidewalks • Sidewalk cafes, including balconies, decks, and planters • Signage (including lettering, projecting sign, sign boards,window sign, hanging sign, awning/canopy sign); may specify that signs advertise the business, not a product • Street furniture(benches,trash cans, bike racks) • Street trees • Structural improvements(may or may not include foundation leveling) • Transom windows(uncovering, reopening, repairing, restoring, etc.) • Walkways(private and for pedestrian use only), in conjunction with other front entrance improvements • Windows(repair or restoration, or replacement of nonconforming), framing, trim, hardware Some programs allow exterior work to be combined with interior capital improvements including: • Electrical or plumbing upgrades • Fire monitoring and/or suppression systems • Permanent interior fixtures Examples of Ineligible Project Expenses • Acquisition of land or buildings • Awnings or canopies; may stipulate conditions, such as "may not be backlit" • Building permit fees and related costs • Burglar bars • Decks, patios, or courtyards (unless used as a primary entrance) • Driveways, parking areas, or access routes to these • Installation of stucco or Exterior Insulation Finishing System (EIFS, aka "synthetic stucco") over existing materials • General maintenance items or deferred maintenance • HVAC improvements • Interior building improvements • Inventory,furniture, equipment, moving expenses, or working capital • Mechanical equipment enclosures • New construction • Outbuildings, garages, and storage sheds • Personal property/equipment • Pest control treatments • Project costs incurred or improvements made prior to grant approval • Purchase of a business • Removable items, such as furniture • Resurfacing of parking lots • Roofs • Routine building or site maintenance projects • Security or alarm systems • Signs(permanent and/or temporary) • Site improvements, such as sidewalks or vegetation • Structural foundation improvements • Synthetic or aluminum siding • Temporary improvements • Upper-story additions to existing buildings • Window/door treatments(interior) • Work that is not performed by a licensed contractor or subcontractor • Work that is being covered by an insurance claim 12.Administration and Oversight Examples of the organizations or individuals typically responsible for these programs include: • City Planning Department • City Economic Development Department • City Historic Preservation Office (most often in an advisory/design review capacity) • Economic Development Corporation • Texas Main Street Design Committee (if a Main Street program) 116 Corpus Christi Historic - • FACADE GRANT PLUS DESIGN SERVICES Both the Texas Main Street Program and the City of San Antonio's former Operation Facelift program combined financial incentives with free design consulting and/or services for facade improvements. Operation Facelift,which was HUD/CDBG-funded, has been discontinued; the City of San Antonio is now focusing on affordable housing.The program was intended to: • Reverse the deterioration of commercial structures • Promote consistency in design • Create aesthetically pleasing environments while assisting property owners with the appropriate exterior rehabilitation of their buildings and bring them up to City Code The applicant was required to work with a City-selected design professional and the City's pre-selected list of contractors.The City selected architects and contractors based on lowest bid/most comprehensive responses to an RFQ.The resulting contract for the architect was for two fiscal years, up to 12 designs per year, and paid per design.The City provided conceptual designs only(not architectural renderings)to reduce their liability.The City also provided the applicant with three bids, per the scope of work,from pre-selected contractors.The City- selected contractor then did the work and was paid by the program. Texas Main Street Program Optional, rather than mandatory, design assistance is offered by the Texas Main Street Design Center to building owners in Main Street communities, including Corpus Christi.This can include: • Conceptual renderings to show what a facade might look like, once improved • Preservation assistance to identify historic materials, areas of the building that need attention, and historically sensitive design options • Consultation on color choices, based on the design of the historic building and proposed business use • Sign design ACTION ITEMS 54.Determine the goals and focus area for anew facade improvement program. 55.Review and evaluate options with Development Services staff and Downtown Management District. 56.Develop a proposal (including economic analysis for specific incentives, value, and duration m) for consideration by City staff. 57.Engage with the community through multiple meetings (as appropriate)to explain the goals, proposed responsibilities and benefits associated with each program, and implementation plan/schedule; answer questions and gather feedback. Make revisions as necessary, 58.Bring proposal to the Landmark Commission, Planning Commission, and City Council for consideration.This may be an iterative process. 59. After approval, develop a communications strategy to make property owners aware of the program and to encourage participation, measure interest and response, etc. 60.Plan to collect data that will be needed for annual reports to City officials. RESPONSIBLE PERSONS Historic Preservation Officer Downtown Management District Executive Director RESOURCES REQUIRED Funding PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 2: Update the historic preservation ordinance. Strategy 6: Improve the City historic preservation website. Strategy 7: Improve community outreach and standardize the public engagement process. 118 Corpus Christi Historic - • 2021 I CASE STUDY: PUEBLO, COLORADO One example is the Historic Arkansas Riverwalk of Pueblo (HARP) Foundation in Pueblo, Colorado,which secures funding to enhance and enrich the infrastructure of the Riverwalk in that city.The HARP Foundation is a 501(c)(3) charitable foundation, but it is also a part of the Pueblo city government.(Its board of directors are appointed by City Council, County Commissioners, Board of Water Works, Pueblo Conservancy District, Urban Renewal Authority, and HARP Authority.) Established in 1995, its mission is "to accept and disburse funds for the planning, design and construction of the Historic Arkansas Riverwalk of Pueblo" Its initial $32 million in funding came from a general public bond election, private donations, grants, Great Outdoors Colorado (GOCO)funding, and corporate donations, and leveraged another$120 million in public and private investment. Yp yr I W s5 Figure 23. Historic Arkansas Riverwalk in Pueblo, Colorado(Pueblo Riverwalk) This page intentionally left blank. 120 Corpus Christi Historic - • STRATEGY 16: DEMONSTRATION PROJECTS Perhaps because so little historic preservation has happened in Corpus Christi over the past 45 years, community members seem to lack confidence in the City's ability or willingness to pursue it.To change that perception,the City should work with the owners of one or two high-profile properties that have the ability to be catalysts for private investment and demonstrate how well the federal and state tax credit programs can work— especially when combined with local financial incentives. When buildings have been vacant for years, deferred maintenance can create a significant financial gap between the rehabilitation cost and building value.The combined public incentive programs can help narrow that gap. Probably the highest-profile buildings in Corpus Christi today are the Old County Courthouse and the Ritz Theater. Both have been languishing for decades. Both the Courthouse and the Ritz are critical to creating a vibrant entertainment district downtown—not just because they are historic buildings but because their revitalization can bring more business, retail trade, and entertainment downtown. For example, theaters often provide the kind of high-profile project needed to jumpstart downtown revitalization, and public investment in those projects is proven to pay off for the city.A 2019 study provided by the League of Historic American Theaters showed that a single historic theater in a medium-sized city (pop. 250,000-499,000) has the potential to: • Sustain 155 full-time equivalent jobs • Create $4.9 million in event-related spending by the theater operator and its audiences • Generate $505,000 in revenue for state and local governments as a result of those expenditures • Add $3.3 million in household income to the community as a result of expenditures by the operator and its audiences In some cases, city governments have stepped in to assist with the revitalization of historic theaters while those buildings were stewarded by nonprofit organizations or have purchased the buildings. However,the City of Corpus Christi need not buythe Ritz Theater orthe Courthouse, but instead should partner with the owners of both properties and invest in these projects. ACTION ITEMS 61.Make a demonstrable commitment to the preservation of a potentially catalytic building in downtown Corpus Christi. For example, the City could commit to paying for a structural assessment of the Ritz or subsidize improvements to buildings around the Courthouse that would attract developers to that project. 62.Invest in activities that advance the rehabilitation of these properties but are not dependent on specific owners. For example, before a potential developer makes a commitment to the Courthouse, the City could earmark funds for a subsidy, making it easier for the developer to decide to move forward. Similarly,the City could pay for a consultant to help the current owner of the Ritz Theater develop a realistic business plan or create a pitch to potential investors showing the total financial incentives (local, state, and federal)that would be available if the building was transferred to a for-profit entity. RESPONSIBLE PERSONS Downtown Management District Historic Preservation Officer RESOURCES REQUIRED Support from Development Services Director, City Council PRIOR PRESERVATION ACTIVITY REQUIRED Task 2: Make preservation information easy to find on the City website. Task 4: Develop a standard community outreach process. Task 5: Update historic preservation ordinance. 122 Corpus Christi Historic - • 2021 CASE STUDY: QUEEN THEATRE, BRYAN,TEXAS The Queen Theatre was originally built as a hotel in the late 1800s and soon began to screen silent films on the ` ground floor.After an extensive reconstruction in 1939, the property reopened as a movie theatre. It closed without much fanfare in 1978 and remained shuttered until the Downtown Bryan Association (DBA) purchased the property in 2010. DBA recognized that it needed support from the public to make the project happen; for example, the $75,000 down payment to purchase the building was raised by accepting private donations no larger than $1,000 per person.The theatre reopened in 2018 after eight years of persistence and hard work. The City of Bryan purchased the property during the 4.. COVID-19 pandemic, and the theatre has proven that— even during difficult times — a historic space can bring the community together. The March 2021 reopening was made possible because of strong community partnerships with organizations representing a wide variety of interests (including roller derby).The theatre now screens older movies and is available to rent for. private events.The theatre's beautifully restored sign, complete with a crown, attracts residents and visitors to the building, which also houses the city's visitor center and DBA offices. it I T, 41 � APPENDICES 123 This page intentionally left blank. 124 Corpus Christi Historic - • APPENDIX A: 50 COMPARISON CITIES WITH NATIONAL REGISTER LISTINGS Anchorage New York City Atlanta Newark Austin Orlando Baltimore Pasadena Boise Philadelphia Boston Phoenix Buffalo Pittsburgh Charlotte Portland ME Chicago Portland OR Cleveland Providence Columbus Raleigh Dallas Salt Lake City Denver San Antonio Des Moines Seattle Detroit Spokane EI Paso St. Louis Francisco Tampa Ft. Lauderdale Tucson Ft. Worth Tulsa Honolulu Virginia Beach Houston Washington DC Jacksonville Winston-Salem Lauderdale Long Beach Los Angeles Louisville Miami Milwaukee Minneapolis APPENDICES This page intentionally left blank. • Corpus Christi Historic - • APPENDIX B: CITIES WITH LOCAL TAX INCENTIVE PROGRAMS A list of Texas cities, which offer some form of local property tax incentive for historic preservation, is provided below, with a link to the information on that city's website (as of time of publication) where available. 1. Abilene (https://abilenetx.gov/543/Historic-Preservation) 2. Austin (http://www.austintexas.gov/page/incentives-and-grants) 3. Belton (https://www.beltontexas.gov/departments/planning department/historic_ preservation_commission.php 4. Brownsville (https://www.brownsvilletx.gov/1965/Property-Tax-Exemption) 5. Corsicana (https://www.cityofcorsicana.com/350/Available-Incentives) 6. Dallas (https://dallascityhall.com/departments/sustainabledevelopment/ historicpreservation/Pages/tax_incentives.aspx) 7. Denton (https://www.cityofdenton.com/en-us/historic-preservation) 8. Ennis (https://ennistx.com/incentives/historic-landmark-tax-exemption) 9. Fort Worth (https://historicfortworth.org/resources/tax-incentives-and-education/) 10. Galveston (https://www.gaIvestontx.gov/646/The-Financial-Incentive-Program) 11. Georgetown (https://www.wcad.org/wp-content/uploads/2017/12/50-122.pdf) 12. Glen Rose (no link available) 13. Granbury (https://www.granbury.org/634/Tax-Exemptions) 14. Grapevine (no link available) 15. Houston (https://www.houstontx.gov/ecodev/historic_site_tax_exemption.html) 16. Killeen (https://www.killeentexas.gov/documentcenter/view/307) 17. Lubbock (https://ci.lubbock.tx.us/storage/images/ CyOOjiU8BR8tiesJFloLvOvHCAOz9eMaAXBU8Vai.pdf) 18. Mansfield (https://www.mansfieldtexas.gov/1167/Historic-Preservation) 19. Marshall (https://www.marshalitexas.net/318/Incentive-Programs) 20. McAllen (https://library.municode.com/tx/mcaIlen/codes/ code_of_ordinances?nodeld=PTIICOORSUGEOR_CH98TA_ARTIIADVATA_DIV3HIPR) 21. Nacogdoches (https://nedco.org/historic-downtown-property) 22. New Braunfels (https://www.nbtexas.org/1091/Benefits-Incentives) 23. Palestine (http://cityofpalestinetx.com/departments/development-services/ historic-preservation/benefits/ 24. Paris (https://www.paristexas.gov/552/Historic-Property-Incentives) 25. Plano (https://www.plano.gov/1 186/Tax-Exemption-Program) 26. Rockwall (http://www.rockwall.com/planning/planningTax.asp) 27. Round Rock(https://www.roundrocktexas.gov/departments/ APPENDICES plan ning-and-deve lopment-services/historic-preservation/historic-tax-exemption/) 28. San Angelo(https://www.downtownsanangelo.com/historic-incentives) 29. San Antonio(https://www.sanantonio.gov/historic/About-Us/WhyPreserve/incentives) 30. Seguin (https://www.seguintexas.gov/departments/main_street/historic_preservation. php) 31.Tyler(https://www.cityoftyler.org/government/departments/development-services/ services/historic-preservation ) 32. Uvalde (https://www.mainstreetuvalde.com/incentives-information ) 33.Waco (https://www.waco-texas.com/planning-hlpc-information.asp#gsc.tab=0) 34.Waxahachie (https://www.historicwaxahachie.com/ new-tax-exemption-incentive-programs-available-for-historic-homeowners/) 128 Corpus Christi Historic - • APPENDIX C: CITIES WITH FACADE IMPROVEMENT PROGRAMS Outside Texas Albany, New York Athens, Georgia Baltimore, Maryland Knoxville,Tennessee Milwaukee,Wisconsin Oklahoma City, Oklahoma Pueblo, Colorado Raleigh, North Carolina South Bend, Indiana Sioux Falls, Idaho Topeka, Kansas In Texas Amarillo Denison Laredo Sherman Athens,Texas Denton Levelland Taylor Bastrop Eagle Pass Longview Terrell Baytown Elgin Lufkin Tyler Belton Ennis Mercedes Vernon Bowie Farmersville Mission Victoria Bridgeport Ferris New Braunfels Waxahachie Brownsville Fort Worth Palestine Buda Gainesville Pilot Point Caldwell Georgetown Pittsburg,Texas Canton Gonzales Rockwall Childress Greenville Rosenberg Clarendon Henderson San Angelo Cleburne Hutto San Antonio Corpus Christi Killeen San Marcos Cuero La Porte Sealy Del Rio La Grange Seguin APPENDICES This page intentionally left blank. 130 Corpus Christi Historic - • ACKNOWLEDGMENTS Mayor Paulette M. Guajardo City Council Billy A. Lerma, District 1 Ben Molina, District 2 Roland Barrara, District 3 Greg Smith, District 4 Gil Hernandez, District 5 Michael T. Hunter,At Large John Martinez, At Large Mike Pusley,At Large City Staff Peter Zanoni, City Manager Steve Viera,Assistant City Manager Al Raymond III,AIA, CBO, Director, Development Services Nina Nixon-Mendez, FAICP, CFM, HPO,Assistant Director, Development Services Michael Dice,Assistant Director, Development Services Dan McGinn, Director, Planning/ESI McDoux Preservation LLC Steph McDougal, principal consultant Madeline Clites, Briana Grosicki, and Kelly Little, associate consultants 1 , Rf*h i Washiiqt�aiq, P.G. 20249 © City of Corpus Christi 2021 Summary of Comments on HPP-MARKUP.pdf Page: 2 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 11/4/2021 8:49:55 AM This project was funded in part through a Certified Local Government Grant from the National Park Service, U.S. Department of the Interior,as administered by the Texas Historical Commission.The contents and opinions, however,do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior.This program receives Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race,color, national origin,age,or handicap. Any person who believes he or she has been discriminated against in any program,activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service,P.O. Box 37127, Washington, DC 20013-7127 TABLE OF CONTENTS Introduction ................................................................................................................... 1 Purpose ..........................................................................................................................3 Methodology .................................................................................................................5 Current State of Historic Preservation in Corpus Christi...........................................7 Community Engagement and Input............................................................................23 Vision, Goals, and Strategies........................................................................................35 GOAL 1: BUILD CITY CAPACITY FOR HISTORIC PRESERVATION Strategy 1 : Hire a Full-Time Historic Preservation Officer .....................................39 Strategy 2: Update the Historic Preservation Ordinance.......................................43 Strategy 3: Update the Landmark Commission Bylaws and Training Requirements ..............................................................................................................47 Strategy 4: Plan for Disasters ....................................................................................49 Strategy 5: Develop Walking Tours of Historic Areas ............................................55 GOAL 2: ENABLE COMMUNITY-DRIVEN HISTORIC PRESERVATION Strategy 6: Improve City Preservation Website.......................................................59 Strategy 7: Improve Community Outreach and Standardize the Public Engagement Process .....................................................................................61 Strategy 8: Help Launch a Preservation Nonprofit Organization..........................65 Strategy 9: 0derrepresented Communities ...........................69 Strategy 10: Develop Thematic Approaches to Historic Markers ........................77 GOAL 3: SUPPORT HISTORIC PRESERVATION AS AN ECONOMIC DEVELOPMENT TOOL Strategy 11 : Promote Economic Development through Historic Preservation ..81 Strategy 12: Update Vacant Building Ordinance....................................................91 Strategy 13: Invest in Historic Resource Surveys and National Register Listings .........................................................................................................................95 Strategy 14: Develop Local Tax Incentive Programs...............................................99 Strategy 15: Develop Facade Improvement Program outside TIRZ#3 ................ 109 Strategy 16: Invest in Demonstration Projects ........................................................ 125 APPENDICES A: 50 Comparison Cities with National Register Listings ...................................... 129 B: Texas Cities with Local Tax Incentive Programs ................................................. 131 C: Cities with Facade Improvement Programs ....................................................... 133 Page: 3 Number: 1 Author:YvetteDo Subject: Inserted Text Date: 10/19/2021 7:51:19 AM Include HISTORY OF PRESERVATION IN CORPUS CHRISTI Over the years, Corpus Christi has commissioned numerous plans for the improvement of downtown and the preservation of historic buildings. Few of those plans have been realized.The following timeline attempts to make clear the work that has been done. 1963 1963 Corpus Christi Area Heritage Society forms to save the Britton-Evans (Centennial) House. 1974 City adopts its first historic preservation ordinance. 1975 City seeks public input for"local sites considered worth saving" 1 1976 City creates its first Landmark Preservation Plan, which initially attempts to give Landmark Commission the authority to landmark not just buildings but natural resources, open land, and nearly everything in Corpus Christi. Planning Commission refuses to allow Landmark Commission to have the authority to designate a property over the owner's wishes. 1977 County offices move out of the 1914 Nueces County Courthouse, beginning decades of vacancy and deterioration for that building. 1919 City agrees to acquire and maintain the Sidbury, Lichtenstein, and Gugenheim Houses on Chaparral Street if private groups will raise the money to restore them. 1981 City hires Chicago planner Robert Grossman and local architect James Rome to survey potential historic landmarks and districts.They identify Old Irishtown, containing about 60 "noteworthy" buildings — mostly 19th-century wood-frame houses — as one of three potential historic districts downtown, along with the Blucherville and South Upper Broadway areas. Potential residential historic districts include South Bluff Park, Furman Avenue, and Cole Park/Del Mar, as well as Hispanic neighborhoods on the Westside. Corpus Christi Historic - • Page: 17 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:02:09 PM COMMUNITY ENGAGEMENT AND INPUT This data-driven, community-driven planning process has produced recommendations that reflect the wishes of Corpus Christians who chose to participate in it.We recognize that those nearly 800 individuals, although statistically representative of the larger City population in terms of raw numbers, do not proportionally reflect the diversity of Corpus Christi. Specifically, participation in the community opinion survey was relatively 1 w for people who consider themselves Hispanic/not White, and for African Americans. . One of the goals identified later in this document is a commitment to i0 3 toric preservation activities and results for all members of the Corpus Christi community. COMMUNITY OUTREACH In order to make the community aware of this project and encourage participation, McDoux developed a public engagement plan that included press releases, social media posts, regular information updates on the City's website (including a separate webpage just for this project), and three community meetings.The press release prior to the community opinion survey was translated into Spanish and resulted in a news segment on the local Telemundo Spanish-language television station. Promotion for the community opinion survey also included the use of the City-managed electronic billboard on the Crosstown Highway (SH 286). 01 n I CC LHay algun sitio en Corpus Christi que consideras historical La Ciudad quiere saber Figure 3. Screenshot of Telemundo news segment featuring the Corpus Christi preservation plan (McDoux Preservation) Corpus Christi Historic - • Page: 27 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:02:49 PM 7 Number:2 Author:YvetteDo Subject:Inserted Text Date: 10/19/2021 7:56:28 AM include underrepresented areas 0 Number:3 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:03:11 PM GOAL • Enable • • • • community- driven his • - • - • • STRATEGY 1: Hire a full-time STRATEGY 6: Improve the STRATEGY 11: Promote historic preservation officer. City's historic preservation historic preservation as an website to make information economic development tool. easier to find. STRATEGY 2: Update STRATEGY 7: Improve STRATEGY 12: Fix the vacant the historic preservation community outreach and building ordinance, which ordinance to add Protected standardize the public now encourages demolition Landmarks and Protected engagement process. instead of adaptive reus10 Historic Districts where the Landmark Commission's decision is binding (although appealable). STRATEGY 3: Update the STRATEGY 8: Support the STRATEGY 13: Invest in Landmark Commission bylaws creation of a local nonprofit historic resources surveys and training requirements. organization to partner with and multi-property listings the City, individual residents, to the National Register of and other organizations on Historic Places. preservation activities. STRATEGY4: Plan for STRATEGY 9: Ge ffi ffi R STRATEGY 14: Develop disasters, including local tax incentive programs preparation, response, to support historic and recovery process, and rehabilitation. help individuals develop 5;i.64P-M*5 +.. 64..f,.... .vhh and implement their own 1- 0 preparedness, resilience, and recovery plans. STRATEGY 5: Develop STRATEGY 10: Work with STRATEGY 15: Develop walking tours of historic Nueces County Historical facade improvement areas in partnership with the Commission to develop programs to support historic City Convention and Visitors a thematic approach to rehabilitation. Bureal. new historical markers that supports heritage tourism. STRATEGY 16: Support a few select projects to demonstrate preservation's potential to spur economic growth. 36 Corpus Christi Historic - • Page: 40 Number: 1 Author:YvetteDo Subject: Inserted Text Date: 10/19/2021 7:54:42 AM and/or repurposing. Number:2 Author:YvetteDo Subject:Inserted Text Date: 10/19/2021 7:55:10 AM Include underrepresented areas 0 Number:3 Author:YvetteDo Subject:Inserted Text Date: 10/19/2021 9:58:07 AM and Downtown Management District(DMD) STRATEGY 7: IMPROVE COMMUNITY OUTREACH AND STANDARDIZE THE PUBLIC ENGAGEMENT PROCESS The Development Services Department would benefit from having a standard process for communicating with and receiving information from the community when the department is considering making changes to historic preservation programs or ordinances.The City must take visible steps to earn and maintain the community's trust if it is to be successful in administering equitable historic preservation programs. Trust is based on communication,transparency, and accountability, all of which are inextricably intertwined. • Communication includes providing citizens with meaningful information that helps them make informed decisions and participate actively in p *cymaking. It also meKs reaching out to citizens whose participation may not have been 2* veleaFHeEi0the past • Transparency means being responsive to citizen needs and requests, explaining how and why decisions are made, and (importantly) how public funds are being spent. • Accountability includes being willing to admit mistakes, publicly discuss lessons learned and policy adjustments going forward, and take action to avoid repeating those mistakes in the future. In many cities, public planning efforts, changes to the Code of Ordinances, the development of new programs, etc., involve meaningful public participation.While the Community Opinion Survey for this project garnered an impressive 752 responses, even more community members might have participated if they were accustomed to being engaged. All of the activities outlined in this plan should follow a consistent public engagement strategy that both pushes information out to the community and seeks to collect feedback, input, suggestions, concerns, complaints, etc. For example, whenever the City wishes to start a new program or make changes to the historic preservation ordinance or an existing program, it should employ a robust and transparent community engagement effort that includes: • Regular meetings with the Landmark Commission, Planning Commission, and City Council to discuss the process and status • At least three public meetings, livestreamed and recorded for later viewing at citizens' convenience • If possible, additional meetings with neighborhoods, downtown property owners and businesses, civic groups, etc. • Letters to property owners in historic areas, explaining the process and how individuals can participate • A traditional, digital, and social media campaign to make citizens aware of the project and process, and to give them the opportunity to get involved Page: 65 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:05:57 PM 0 Number:2 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:05:32 PM Number:3 Author:YvetteDo Subject:Inserted Text Date: 10/18/2021 5:05:45 PM included • Sufficient time for the community to review proposed programs/project deliverables and provide comments; a transparent reporting of all comments (compiled and anonymized) with response or action taken for each comment • Afinal report and presentation to the Landmark Commission, Planning Commission, and City Council detailing the community engagement process, general trends in comments received, changes made as a result of citizen comments, etc. ACTION ITEMS 23.Budget for more community engagement activities when a project will have a direct effect on individual property owners. For example, if the City wants to change an ordinance, as recommended in this plan, that process should be highly community- oriented and give property owners the ability to participate in and shape the results. 24.Seek input from members of diverse communities on how best to reach them. 25.Work with the Corpus Christi Literacy Council to ensure that information is accessible to people who are not functionally literate (able to read at a sixth-grade level or higher). Historic preservation should be accessible for everyone. RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Funding for outreach activities PRIOR PRESERVATION ACTIVITY REQUIRED Strategy 6: Improve the City's historic preservation website. Strategy 9: ur underrepresented eaFH FHHig 4i el.0 62 Corpus • Preservation Plan 2021 Page: 66 Number: 1 Author:YvetteDo Subject: Inserted Text Date: 10/18/2021 5:06:21 PM Include Number:2 Author:YvetteDo Subject: Inserted Text Date: 10/18/2021 5:06:32 PM areas STRATEGY 9: o UNDERREPRESENTED a 3 . , In Corpus Christi today, only five of the city's 40 designated properties are associated with Mexican Americans, and only one (the Littles-Martin House) is associated with African Americans. No landmarks associated with Native American or Asian resources have been designated. In part, this+slffe to the redevelopment of non-White/Anglo neighborhoods during the past century. 5 ., 19 e Wcrav 6 0 0 As the City of Corpus Christi considers how historic preservation can benefit all of its citizens, it must ensure that its policies and programs In addition, the City should identify current ii9eqH4able e&qeIi4&mj@d make it a priority to Brtunately, several other cities are paving the way for Corpus Christi and offer excellent models. : 10 11 �iri-r56"rry v��EvTr� C-.... h...+.. T....aS i i ♦ iHISTORIC ■ ♦ 69 Page: 73 Number: 1 Author:YvetteDo Subject: Inserted Text Date: 10/18/2021 5:06:57 PM Include 749 Number:2 Author:YvetteDo Subject:Inserted Text Date: 10/18/2021 5:07:06 PM Areas 0 Number:3 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:07:18 PM 749 Number:4 Author:YvetteDo Subject: Inserted Text Date: 10/18/2021 5:07:29 PM may be 0 Number:5 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:07:38 PM 0 Number:6 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 9:58:35 AM 7 Number:7 Author:YvetteDo Subject:Inserted Text Date: 10/18/2021 5:08:21 PM include underrepresented areas. 0 Number:8 Author:YvetteDo Subject:Inserted Text Date: 10/18/2021 5:08:42 PM underrepresented areas 749 Number:9 Author:YvetteDo Subject:Inserted Text Date: 10/18/2021 5:09:14 PM address them 7 Number: 10 Author:YvetteDo Subject: Inserted Text Date: 10/18/2021 5:09:40 PM One example is a San Antonio,Texas,case study. Number: 11 Author:YvetteDo Subject:Cross-Out Date: 10/18/2021 5:09:45 PM ACTION ITEMS 27.Add the pursuit �U the role of the Landmark Commission. • ProvicleYquity trainin for City staff and Commission members. City governments often start by holding tytraining workshop® • Actively pursue opportunities to document underrepresented historic resources at the federal, state, and local levels, such as local designations, cultural landscapes, Recorded Texas Historic Landmarks or State Antiquities Landmarks, individual National Register listings, National Register historic districts, National Register Multiple Property Submissions, and National Historic Landmarks. • Make the process accessible to people regardless of language, literacy, or ability. Translating information into Spanish and having translators available at public meetings, whenever possible, as well as American Sign Language interpreters, not only makes it possible for everyone to participate in the process, it also makes a statement that everyone is welcome. • Listen ty-stakeholders. Encourage people in 6 tell the City kaa y r +� +� �� what they value and prioritize. The Council itself should decide what it wants to work on, such as geographic or thematic focus areas, with the City providing support in service of their goals. • When the City pursues multiple-property nominations to the National Register of Historic Places, community stakeholders should have input to prioritized focus areas, such as: • Long-standing Hispanic or Black businesses • Archaeological sites, cultural landscapes, and extant historic resources associated with Native American people • Sites associated with the Civil Rights Movement • African American churches A 71 7 Figure 10.Accordion player(Sergio Cruz Perez/Restafoto, iStock 505910728) 70 Corpus Christi Historic - • Page: 74 Number: 1 Author:YvetteDo Subject: Inserted Text Date: 10/19/2021 7:46:42 AM including underrepresented areas 7 Number:2 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:46:50 AM 7 Number:3 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:46:55 AM Number:4 Author:YvetteDo Subject: Inserted Text Date: 10/19/2021 7:47:31 AM to underrepresented areas. Number:5 Author:YvetteDo Subject: Inserted Text Date: 10/19/2021 7:47:48 AM underrepresented areas ❑T Number:6 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:48:08 AM 0 Number:7 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:48:00 AM • Focus on a ry-based approach to preservation, rather than the high-style arch itectu re In some situations, a cultural landscapes approach or foregoing a strict adherence to National Register criteria for the evaluation of significance can expand the possibilities for historic preservation at the local level. • Don't just listen ...take action. When community memberliGentify z what is historically and culturally significant to them, the City needs to create a plan for addressing those issues. If nothing happens, it is likely that community members will not trust the City to take action in the future, and they may not be willing to get involved in anything else. 28.Be prepared to make specific suggestions to help illustrate examples of types of local designations, Recorded Texas Historic Landmarks or State Antiquities Landmarks, individual National Register listings, National Register historic districts, National Register Multiple Property Submissions, and National Historic Landmarks. Rather than use a single property for multiple examples, identify different properties associated with various groups in geographically distributed areas of the city to be as inclusive as possible. 29.Create a Preservation Grant program to help pay for the historical research needed to designate or nominate underrepresented properties and to help fund repairs or disaster resilience measures. Even small grants can make a big difference, and by making that program open to the public, the City will have more opportunities for meaningful outreach. 30.Develop new programs or opportunities for local designation, such as Cultural Heritage Districts, Legacy Business Landmarks, Conservation Districts, and Cultural Landscapes that can be used to identify, recognize, and protect a more diverse range of historic resources. For example: • The City of Denver, Colorado, created the Five Points Cultural Historic District to preserve both buildings and the cultural identity of the previously segregated African American neighborhood. Design guidelines for the district now include character- defining features related to Culture, not just architecture, such as the district's history as a hub for jazz music,African American-owned businesses and African American- serving organizations and institutions. • The City of Dallas,Texas, has made possible the designation of Conservation Districts since 1988.This tool differs from historic district designation in that conservation districts seek to maintain certain standards, established in collaboration with the community, rather than preserving architectural features of buildings.Applications for alterations in Dallas conservation districts are administratively reviewed by City staff, rather than a commission. • The City of San Antonio's Office of Historic Preservation maintains a Legacy Business program to recognize and promote businesses that have been in operation for at least 20 years.A StoryMap showcases businesses in 16 different categories, including art, banking,fashion,florists,food, hotels, industry, military, mortuaries, museums, music, press, radio stations, ranching, theaters, and "traditions" (such as specialty stores and a miniature golf course dating back to 1929). Page: 75 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 9:59:47 AM 0 Number:2 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:49:40 AM 0 Number:3 Author:YvetteDo Subject:Inserted Text Date: 10/19/2021 7:49:29 AM of underrepresented areas • History Colorado has recently prioritized cultural resources and cultural landscapes in its statewide preservation planning efforts through The Power of Heritage and Place:A 2020 Action Plan to Advance Preservation in Colorado. It looks beyond built heritage to consider"social history, ethnic and racial heritage, and gender relationships to historic preservation, and the fostering of public memory." 1 A,. S+;9 F SaI9 419+019i RESPONSIBLE PERSONS Historic Preservation Officer RESOURCES REQUIRED Meeting spaces Funding for a Preservation Grant program PRIOR PRESERVATION ACTIVITY REQUIRED None 72 Corpus Christi His • Preservation Plan 2021 Page: 76 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:49:56 AM i ♦ }} a T, �M1 1 M x ENABLE COMMUNITY-DRIVEN HISTORIC PRESERVATION 73 Page: 77 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:50:11 AM G'ACC CT11r1V. IIAIAIIAI MAMIE f f1111UTV CI f%D1r1A VAVL %.V V111 1 of 1 16V111VA nl+l l + J + -1---+ -700/ u;,.,-,.,..;,.n + J I., 170/ u„u „�u„y „ ,- ,..u,,,,,, ,..un, ,.,,u,,,, r —+-/I;I.,. 4- -I A I m Ca, + +l-..,+ I J l + J . ,;4, I j— I1 ",-11 a DI I. D L m; + L �,, J m + I IQI IConstruction. �iaiucs and �� atc ilu!s I.. + TI. I +., I.�.Ij ,I +I. —JI IL, ILY I—I VVILI I . .,t; o ffi and to ,,,u,,,c,p., Nr�,�, �u , ,, u„u Start ...viiw�.rouuvi io �`� u,.,u„u t,,,, t.,N,... , „may urc ju— uL 1the of our ;—,—,L, r ��. ti... u m t ©'ACC ICY I1r%V. CA IU C0AIUIf' Ci f% I'A I ICADIUTA '%II.AJV r/. VV .. JlILIM I TI-.. r"'; r ,.-r C-„-. C.u-,.- ,,,� . +a , , ,, Ly —4 �;,.-Ilar 11-rk . D,.,.,.1„+I,,.-a rl1.-, CtS the ” -A, .gym 4 Csourcc QIIo,--,+„o.-. aI and 4 v ul .+ r. —1--l—4— —4 „ -F--the -vc - L;ItCd I gra.... �..�aw�....`. d J .+ �• .:c ommcnds that the n,.partmcnt,J,..,, !cp ..� .�r�ra ars.. r��Nur.��..��. �......��h. r - Nroucar,,.. St,ua...yr..s t., Qddrcss and u,..SS ,.,..ct..,ur and ' rIIS! + ;th RIQ,.I, and �ar� �.� r r�u`r ��rurur 1 �.�.��rrrrrurrrrar�s an d commun;�, c � s o f c.,!or; -,m,..,,J -,.,,J iY� - � �' r��riirir�rru� arraaa arr.. r�..h.aararir..rra urir�rru �.� rrrrrrry urru promotion, Nr ca iccs to csuc that the --tQ4rr l . r -rLy u „�, ur,u u–rrr–yra.Nrr— –, rrrrra.rrrLy C„m,. -T+k- .gym +ta-+tL ar a ill .-- arrornlri a.a.rr ��„�� Nr�y^^�ur a.r ra.a. <�r–y . rr �� r..��yrrrZ.. urru Nroa..ca a.rru..rr..Nr..�..rra..0 cor,rr,ra.rrray ung u cy Y+.., ��r�ya, ., --y . ,.,.-C.,, 74 Corpus Christi Historic Preservation Plan 2021 Page: 78 Number: 1 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:50:24 AM 0 Number:2 Author:YvetteDo Subject:Cross-Out Date: 10/19/2021 7:50:29 AM CITY OF CORPUS CHRISTI PRESERVATION PLAN 2021 City Council December 7, 2021 About the Plan • Goal: Develop updated Historic Preservation Plan to guide City activities for the next 10 years • Original Plan adopted in 1976 and last amended in 2004 • Project Timeframe: October 2020 — September 2021 • Funding: Certified Local Government Grant from the National Park Service (as administered by the Texas Historical Commission) • Consultant — McDoux Preservation, Inc. Community Engagement • 3 Public Workshops • Via Zoom — Broadcast on Facebook, CCTV, I�` 1141111 0 0 YouTube due to COVID-19 protocols a • October 25, 2020; April 8, 2021; June 24, 2021 » • Stakeholder Interviews: •,, • Telephone/zoom interviews with 25 individuals ' --, • Community Opinion Survey • Measured extent to which issues and concerns are representative of the larger community • 752 respondents, 12,000 unique comments • 350 said they would like to become more involved in historic preservation • Draft Preservation Plan posted on website for community review in June Additional Community Engagement • October 6, 2021 — Representatives of: • Downtown Management District • Associated General Contractors, South Texas • American Institute of Architects, Corpus Christi • October 15, 2021 - • Development Services Task Force • Favorably received; no impact on new subdivision development What's In the Plan? • Introduction CITY OF CORPUS CHRISTI • Methodology Historic Preservation Plan 2021 • Summary of Community Input • Vision +3 Broad Goals • 16 Strategies • Action Items • Case Studies Vision Statement By 2030, historic preservation in Corpus Christi will support a vibrant, multicultural community enjoyed by residents and visitors alike, with a ' thriving downtown, diversified economy, updated infrastructure, and equitable t investment in new and legacy neighborhoods. a• 5 Goals GOAL2 GOAL3 SupportEnable community- driven historic preservation as an preservation economic development . . 6 Strategies Goal 1 — Build City Capacity for Historic Preservation • Strategy 1: • Hire a full-time historic preservation officer (convert existing position) • Strategy 2: • Update the historic preservation ordinance to add Protected Landmarks and Protected Historic Districts where the Landmark Commission's decision is binding (although appealable) • Strategy I • Update the Landmark Commission bylaws and training requirements. • Strategy 4: • Plan for disasters, including preparation, response, and recovery process, and help individuals develop and implement their own preparedness, resilience, and recovery plans. • Strategy 5: • Develop walking tours of historic areas Strategies Goal 2 — Enable Community Driven Historic Preservation • Strategy 6: • Improve the City's historic preservation website • Strategy T • Improve community outreach and standardize the public engagement process • Strategy 8: • Help launch a preservation non-profit organizations • Strategy 9: • Include underrepresented areas • Strategy 10: • Develop thematic approaches to historical markers Strategies Goal 3 — Support Historic Preservation as an Economic Development Tool • Strategy 11 : • Promote economic development through historic preservation • Strategy 12: • Update the vacant building ordinance • Strategy 13: • Invest in historic resources surveys and multi-property listings to the National Register of Historic Places • Strategy 14: • Develop local tax incentives programs to support historic rehabilitation • Strategy 15: • Develop fagade improvement program outside TIRZ#3 • Strategy 16: • Invest in demonstration project Designations and Tax Incentives Year Buih Corpus 50 City San Houston Tula OK Tampa FL ! \ by Period Christi Average Antonio y\ Pre 1920 0.2% 15.7* 1.4% 1.0% 1.2% 2.7% t421- 3.2% 22.2% 9.9% 11.4% 16.4% 13.2% 1945 1444- 33.4% 27.9% 27,0% 35.5% 38.2% 41,4% 7971 l'��' 1972- 63.2% 134.2% 161.7% 152,7 44.2% 42.6% 2021 Y i Build ng owner.in Coypu Christi arc not along advantage of the benefits of fisting on the 9" f f Nt �� a r r• i-i'�w- -!—i-n'ocallydesgnated,whichprotect ti J f .. 11 if fr 1 Corpus Chnso 50 City Reye,^.cr cf ri ,orie?acc: Locally Gezi noted <.01% 4.3% Federal Tax Credit Project 27 1.� 10 Action Items Example • Strategy 6: Improve the City Historic Website: • Action Items: • 13: Add a historic preservation landing page • Include a brief statement about historic preservation in the city and an overview of designations and requirements for Certificates of Appropriateness. The rest of the page should provide links, each of which focus on a single topic. • 14: Commit to public comment opportunities and a section with links to share citywide research, summary reports, and other historic preservation resources on the City website for the community's review and comments. • This proposed departmental policy is essential for transparency and building trust. • 15: Commit to providing information in English and Spanish. • Historic preservation should be accessible for everyone. Case Study Example • Case Study: EI Paso, Texas • The Official Visit EI Pas app and website includes eight walking tours, and printed brochures are available for three of those at EI Paso's two Visitor Centers. • EI Paso's Mission Trail and Visitor Center • Magoffin Historic District Walking Tour • San Elizario Walking Tour • The app includes detailed descriptions of the historic sites and allows the user to select favorite sites and create their own itinerary. In addition, each introductory section of individual walking tours has a link that allows you to Facetime with a Visitor Information Specialist. • Audio versions of all eight walking tours listed on the website are available on the Visit EI Paso app. 12 Recommendations • July 22 • Landmark Commission recommended approval with an amendment to the plan • August 4 • Planning Commission recommended approval • Staff recommends approval. FOR MORE INFORMATION: www.cctexas.com/hpp Contact: DSOutreach(a-cctexas.com AGENDA REGULAR MEETING LANDMARK COMMISSION CITY OF CORPUS CHRISTI Hybrid Meeting: Via WebEx & In Person - 4:30 p.m. July 22, 2021 COMMISSIONERS: COMMISSIONERS: Dr. Christine Riser-Robbins-Chair Roslyn Wanzer Randy J. Dees, Sr. —Vice-Chair Dr. Jen Brown Dr. Ira Freeman Armando Mendez Madeleine Fontenot Veronica Wilson Kathleen de la Garza STAFF: Nina Nixon-Mendez, Assistant Director& Historic Preservation Officer Catherine Garza, Agenda Coordinator Craig Garrison, City Planner I. Call to Order/Roll Call Vice Chairman Dees called the meeting to order, and a quorum was established with Chair Robbins absent. II. Approval of Minutes: June 24, 2021 A motion was made by Commissioner Brown to approve the minutes listed above. The motion was seconded by Commissioner Fontenot and the motion passed. III. PUBLIC COMMENT: None. IV. PUBLIC HEARING— Discussion and Consideration of an Ordinance adopting a new City of Corpus Christi Historic Preservation Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Corpus Christi Preservation Plan, adopted September 8, 1976. Steph McDougal with McDoux Preservation gave the same presentation of the Plan that was given at the June 24, 2021, Landmark Commission meeting. She said the Plan is divided into two main sections. The first half is a summary of all the information that has been gathered. The second part includes a vision for historic preservation in Corpus Christi, three overarching goals, and a total of 16 strategies for achieving those goals. Ms. McDougal proceeded to read the vision statement for the Plan which combines community input and the overarching goals along with explaining each strategy. For today's meeting, the Commission must make a recommendation to City Council to approve the Plan as is, approve it with amendments or no approval. She concluded the presentation with the next steps for the Plan. The Planning Commission public hearing will take place August 4, 2021, and it will be presented to City Council in September.She added that inquiries for more information can be sent to Craig Garrison, Development Services, or emailed to DSOutreachacctexas.com; a draft of the Plan is available online at www.cctexas.com/hpp After the presentation, Vice Chairman Dees opened the public hearing. With no one coming forward, the public hearing was closed, and the floor was opened for Commissioner comments/questions. Commissioners Brown and Fontenot expressed their support for adopting the plan as is. Commissioner Freeman made a motion to approve the Plan as presented and it was seconded by Commissioner Brown. With that motion, Commissioner Wilson expressed that she did not agree with some of the strategies. At this point, Ms. McDougal clarified that like many plans which are adopted by the City, it is not prescriptive nor is the City under obligation; it is a guiding document with recommendations and the City can implement any or all of the strategies. Commissioner Freeman asked if Commissioner Wilson had any specific points to amend for discussion. For Strategy No. 16, Commissioner Wilson stated it does not specifically mention the former Nueces County Courthouse but felt it is specifically mentioned numerous times throughout the Plan. Ms. McDougal said the Courthouse and the Ritz Theater were examples used in the Plan because they were mentioned with high support from the community in the survey; the City can choose to use those examples but are not required to do so. Commissioner Wilson suggested that these specific examples be taken out of the Plan as it can be partial/misleading and other people in the community may not feel the same way as the survey exhibited. For a possible amendment, Staff discussed language options when mentioning other demonstration/catalytic projects. For more specificity, Ms. McDougal referenced action item No. 61 relative to Strategy No.16 of the Plan in which language would need amending. With that discussion, Commissioner Freeman rescinded his motion. A motion was made by Commissioner Fontenot to approve the Plan with an amendment to change the language of Action Item 61. Commissioner Brown seconded the motion and the motion passed unanimously. V. Historic Preservation Officer's Report Nina Nixon-Mendez updated the Commission on the local historic designation for the City Bakery which was mentioned by the Mayor during the National Preservation Month proclamation. It has been placed on the July 27, 2021, City Council agenda for initiation with the owner's consent. If the rezoning is initiated,then it will be presented at the August Landmark Commission meeting for consideration with public hearing notification requirements. VI. Future Agenda Items: None. VII. Adjournment There being no further business to discuss, the meeting was adjourned at 5:48 p.m. City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes Planning Commission Wednesday,August 4,2021 5:30 PM Council Chambers I. Call to Order, Roll Call Commissioner Schroeder called the meeting to order and a quorum was established with Chairman Baugh, Vice Chairman Dibble and Commissioners Mandel absent. II. PUBLIC COMMENT: None. III. Approval of Absences: Commissioners Schroeder, Gonzalez and Mandel A motion to approve the absence listed above was made by Commissioner Salazar-Garza and it was seconded by Commissioner York. The motion passed. IV. Approval of Minutes 1. 21-0951 Regular Meeting Minutes of July 21, 2021 A motion was made by Commissioner York to approve the minutes listed above and it was seconded by Commissioner Zarghouni. The motion passed. V. Public Hearing: Discussion and Possible Action 2. 21-0993 Ordinance adopting a new City of Corpus Christi Historic Preservation Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Corpus Christi Preservation Plan. Steph McDougal with McDoux Preservation gave an overview of the draft Preservation Plan. She informed the Commission that she is presenting the version of the plan containing Landmark Commission's amendment regarding Action Item 61 in which specific project examples have been removed. She said the Plan is divided into two main sections. The first half is a summary of all the information that has been gathered. The second part includes a vision for historic preservation in Corpus Christi, three overarching goals, and a total of 16 strategies for achieving those goals. Ms. McDougal proceeded to read the vision statement for the Plan which combines community input and the overarching goals: City of Corpus Christi Page 1 Printed on 811912021 Planning Commission Meeting Minutes August 4,2021 "By 2030, historic preservation in Corpus Christi will support a vibrant, multicultural community enjoyed by residents and visitors alike, with a thriving downtown, diversified economy, updated infrastructure, and equitable investment in new and legacy neighborhoods." Goal 1: Build capacity for historic preservation. Goal 2: Enable community-driven historic preservation. Goal 3: Support historic preservation as an economic development tool. She continued with explaining the 16 strategies: 1. Hire a full-time historic preservation officer. 2. Update the historic preservation ordinance to add Protected Landmarks and Protected Historic Districts where the Landmark Commission's decision is binding (although appealable). 3. Update the Landmark Commission bylaws and training requirements. 4. Plan for disasters, including preparation, response, and recovery process, and help individuals develop and implement their own preparedness, resilience, and recovery plans. 5. Develop walking tours of historic areas in partnership with the City Convention and Visitors Bureau. 6. Improve the City's historic preservation website to make information easier to find. 7. Improve community outreach and standardize the public engagement process. 8. Support the creation of a local nonprofit organization to partner with the City, individual residents, and other organizations on preservation activities. 9. Commit to pursuing equity for all neighborhoods (new and existing) and empower residents to define what that means to them. 10. Work with Nueces County Historical Commission to develop a thematic approach to new historical markers that supports heritage tourism. 11. Promote historic preservation as an economic development tool. 12. Fix the vacant building ordinance, which now encourages demolition instead of adaptive reuse. 13. Invest in historic resources surveys and multi-property listings to the National Register of Historic Places. 14. Develop local tax incentives programs to support historic rehabilitation. 15. Develop facade improvement program outside TIRZ#3. 16. Support a few select projects to demonstrate preservation's potential to spur economic growth. Ms. McDougal detailed examples of action items specifically for strategy #6; included in the plan an example of a case study from EI Paso, Texas which relates to strategy #5 for an app/website for walking tours. She concluded the presentation with the next steps for completion of this project which is on schedule to be completed in September with a presentation to City Council for adoption. She added that inquiries for more information can be sent to Craig Garrison, Development Services, and a draft of the Plan is available City of Corpus Christi Page 2 Printed on 811912021 Planning Commission Meeting Minutes August 4,2021 online at www.cctexas.com/hpp. After the presentation, a question and answer session took place from the community through comments posted on Facebook Live and from dsoutreach@cctexas.com. After Ms. McDougal's presentation, Commissioner Schroeder opened the public hearing. There being none, the public hearing was closed. A motion was made by Commissioner York to approve item "2" as presented and it was seconded by Commissioner Salazar-Garza. The motion passed. VI. Consent Public Hearing (Items A& B): Discussion and Possible Action Before Staff introduced the Consent Agenda, Commissioner Schroeder requested to pull New Plat item "5" and Tabled Zoning item 7" for individual consideration. Commissioner Schroeder asked Staff to present the Consent Agenda, items "3, 4, 6, 8, 9 & 10". Senior City Planner, David Stallworth, read the Consent Agenda items into the record. New Plat items "3 & 4" satisfy all requirements of the UDC/State Law and the Technical Review Committee (TRC) recommends approval; Staff recommends approval for Time Extension item "6". Staff also recommends approval for New Zoning items "8, 9 & 10" as stated in Staff's report. After Staffs presentation, Commissioner Schroeder opened the public hearing. With no one coming forward the public hearing was closed. A motion was made by Commissioner Miller to approve items 3, 4, 6, 8, 9 & 10" as presented by Staff and it was seconded by Commissioner York. The motion passed. A. Plats New Plats 3. 21-0954 21PL1086 RUSSELL INDUSTRIAL AREA, BLOCK 12, LOT 7A (FINAL - 0.780 ACRES) Located north of Savage Lane and east of Savage Lane. 4. 21-0995 21PL1082 Perry's Estates Block 5 Lots 8A& 9 (Final - 2.478 Acres) Located West of Dove Lane and South of Graham Road. 5. 21-1001 21PL1083 - CONDITIONAL HEMINGWAY (PRELIMINAY - 134.03 ACRES) Located east of Greenwood Drive and north of Holly Road. Mr. Stallworth read item "5" into the record as shown above. Commissioner York asked Staff for more clarification on the conditional comments. Staff also clarified that once revisions are compliant with the code then it would be administratively approved but if the conditions are not satisfied then the plat would be scheduled again for the Commission's consideration. After Commissioner question's concluded, Commissioner Schroeder opened the public hearing. Engineer of record, Chuck Urban, addressed the Commission in support of the subject plat along with the developer, Roberto Santos City of Corpus Christi Page 3 Printed on 811912021 Planning Commission Meeting Minutes August 4,2021 Williams. With no one else coming forward, the public hearing was closed. A motion was made by Commissioner Gonzalez to conditionally approved item "5" and it was seconded by Commissioner. Zarghouni. The motion passed. Time Extension 6. 21-0955 20PL1057 - 2nd Request LA COSTA BUSINESS PARK, BLK 1, LOTS 1 - 6; BLK 2, LOTS 7 - 9 (FINAL - 11.63 ACRES) Located at North Padre Island Drive (SH 358) between Hampshire Road and Hall Ave. B. Zoning Tabled Zoning 7. 21-0996 Public Hearing - Rezoning Property at or near 2302 County Road 43 Case No. 0621-07, John C. Tamez: Ordinance rezoning property at or near 2302 County Road 43 (located along the east side of County Road 43, west of Yorktown Boulevard, and south of Farm-to-Market Road 43) from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Craig Garrison, Development Services, read item "7" into the record as shown above. He informed the Commission that the original acreage proposed for development was decreased from 185.08 acres to 104.89 acres; most of the reduction takes places on the east side of the property near Oso Creak. Discussion also took place regarding the corresponding preliminary plat which was also tabled from a previous Commission meeting and has not been approved. It was also noted that the previous calculations for public notice opposition changed due to the reduction in acreage and the case is no longer deemed "controversial" but the comments will remain on record. After Commissioner questions concluded, Commissioner Schroeder opened the public hearing. There being none, the public hearing was closed. A motion to approve item "7" as presented by Staff was made by Commissioner Miller and it was seconded by Commissioner Salazar-Garza. The motion passed. New Zoning 8. 21-0965 Public Hearing - Rezoning Property at or near 4121 Waldron Road Case No. 0821-01, Jeffery C. Lundquist: Ordinance rezoning property at or near 4121 Waldron Road (located along the east side of Waldron Road, south of Yorktown Boulevard, and north of the Barney M. Davis Energy Center) from the "FR" Farm Rural District to the "RE" Estate Residential District. City of Corpus Christi Page 4 Printed on 811912021 Planning Commission Meeting Minutes August 4,2021 9. 21-0966 Public Hearing - Rezoning Property at or near 3413 South Staples Street Case No. 0821-03, Sima and Steve, Inc.: Ordinance rezoning property at or near 3413 South Staples Street (located along the west side of South Staples Street, south of Texan Trail, and north of Hayward Drive) from the "ON" Neighborhood Office District to the "CN-1" Neighborhood Commercial District. 10. 21-0994 Public Hearing - Rezoning Property at or near 3617 Violet Road (Farm to Market 24) Case No. 0821-02, Dominga Flores: Ordinance rezoning property at or near 3617 Violet Road (located along the west side of Violet Road (Farm to Market 24), south of Woodway Creek Drive, and northwest of Starlite Lane) from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. VII. Director's Report Nina Nixon-Mendez, Assistant Director, informed the Commission regarding an upcoming Development Services Task Force meeting on August 13, 2021 at 9:00 a.m. to be held in person in the Choke Canyon conference room at the Water Utilities Department. VIII. Future Agenda Items: None. IX. Adjournment There being no further business to discuss, the meeting was adjourned at 7:40 p.m. City of Corpus Christi Page 5 Printed on 811912021 so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting February 15, 2022 Second Reading Ordinance for the City Council Meeting of February 22, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Ordinance Authorizing Land Exchange for Fire Station #3 (Morgan Avenue) Land Acquisition CAPTION: Ordinance declaring 1401 Morgan Avenue as surplus property, authorizing the exchange of the surplus property with property located at 1525 Morgan Avenue, and authorizing execution of the deeds and any related documents necessary to complete the exchange and conveyance of the properties between the City of Corpus Christi and the Ed Rachal Foundation. SUMMARY: This item declares the current Fire Station #3 located at 1401 Morgan Avenue as surplus property. The City plans to exchange the property located at 1401 Morgan Avenue with property currently owned by the Ed Rachal Foundation located at 1525 Morgan Avenue. The acquired location at 1525 Morgan will serve as the location for the Bond 2020 approved Fire Station #3 (Morgan Avenue). BACKGROUND AND FINDINGS: On November 3, 2020 voters approved the City of Corpus Christi's Bond 2020 Program for a total of $75 million with 42 projects. The propositions passed on election day included projects for streets, parks, and public safety improvements. Proposition C — Public Safety included a total of two projects: Police Training Academy (Design Only) and Fire Station # 3 - Morgan Avenue (Land Acquisition and Design Only) for $2 million. The public safety projects are located in Council District 2 and 5. On November 9, 2021, City Council approved the design for the Fire Station #3 (Morgan Avenue). A new station is needed to replace the antiquated fire station to meet modern firefighting capabilities. In addition current structures hinders response times and the ability to maintain a clean work environment. The new facility will meet firefighting and emergency services standards with the capacity to house larger/taller/heavier vehicles, provide decontamination clean rooms, community areas, improved vehicle egress and access, gender neutral accommodations for 15 firefighters, and vehicle exhaust extraction systems. The new facility will be designed to last a minimum of 50 years. The City identified property adjacent to the current site located at 1525 Morgan Avenue as the appropriate location for the new fire station due to its large size which makes it more accommodating to the proposed upgrades. Additionally, the new location is across the street from the current location and will allow for uninterrupted service response times. The City has historically sold property by public sealed bid, which is permitted by the Texas Local Government Code, Section 272.001. This requires the City to advertise the sale/exchange twice in the local newspaper, wait 14 days, and then open the sealed bids. The Contracts and Procurement Department issued a Request for Bids on January 7, 2022. Bids closed on January 24, 2022 and the City received one bid from the Ed Rachal Foundation. The City will exchange property located at 1401 Morgan Avenue (approximately 1.1 acres) with property located at 1525 Morgan Avenue (approximately 1.2 acres). The Ed Rachal Foundation will allow the City to continue to use the current Fire Station #3 until construction of the new fire station is complete. The City will transfer possession of property at 1401 Morgan Avenue upon completion of the construction. The City will also transfer utility easements at 1401 Morgan Avenue to include the City wastewater lift station and water tower. The easements will transfer to the Ed Rachal Foundation if they are decommissioned by the City. The City is expected to decommission the water tower in four to five years and the property will be conveyed to the Ed Rachal Foundation. The City does not currently have plans to decommission the lift station. The Ed Rachal Foundation will demolish the current Fire Station #3 along with the water tower if decommissioned. The construction of the new Fire Station #3 will follow immediately after design completion with anticipated construction start by the end of 2022. The City anticipates completion of the construction to take two years from design completion. Funding for the construction of the fire station has been identified through the American Rescue Plan Act and Certificates of Obligation. ALTERNATIVES: The City could choose to seek an alternative location for the new fire station but this will continue delaying the design of the facility. This could also impact service response times for the department. FISCAL IMPACT: There is no fiscal impact with this item. The City will exchange land for land. FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommendation is to declare the property as surplus and exchange property with the Ed Rachal Foundation for the design of the new Fire Station #3 (Morgan Avenue). LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Ordinance Ordinance declaring City property at 1401 Morgan Avenue as surplus property, authorizing the exchange of the surplus property for property located at 1525 Morgan Avenue and 1411 12th Street, and authorizing execution of a contract, deed, and any related documents necessary to complete the exchange and conveyance of the properties between the City of Corpus Christi and the Ed Rachal Foundation pursuant to a competitive bid. Whereas, the City seeks to construct a new Fire Station # 3 in the vicinity of the current Fire Station # 3; Whereas, upon the construction of the New Fire Station # 3, the old Fire station #3 and underlying property will no longer be needed except for an easement on the corner of the lot for the wastewater lift station and the water tower (anticipated removal of the water tower in four to five years); and Whereas, the City sought bids for sale or exchange of the property at 1401 Morgan Ave pursuant to Texas Local Government Code §272.001 ; Whereas, the Ed Rachal Foundation was the sole bidder for RFB No. 4016; Whereas, the Ed Rachal bid for property exchange provides the best value to the City; and Whereas, the exchange of land will allow the City to construct the New Fire Station #3 while occupying the current Fire Station #3, resulting in little to no disruption of services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City-owned property (approximately 1 .1231 acres) with Fire Station #3 located at 1401 Morgan Ave, Corpus Christi, TX 78404 with a legal description of All of Fractional Block Nine Hundred One (901), Bay Terrace No. 2, an Addition to the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume A, Page 26, Map Records of Nueces County, Texas, also identified as Nueces CAD Property ID: 189844, less reserved easements for a lift station, the lift station accessory structure, and a water tower to be surplus property. Surplus property and easements are depicted in Exhibit A. SECTION 2. The City Manager or designee is authorized to exchange the surplus property located at 1401 Morgan Ave with the Ed Rachael Foundation for Parcel 1 (approximately 1 .1563 acres) at 1525 Morgan Avenue and Parcel 2 (approximately 0.1607 acres) at 1411 12th Street as shown in Exhibit A, pursuant to Texas Local Government Code §272.001 . The City Manager or designee is authorized to delineate the boundaries for the surplus property and easements shown in Exhibit A. SECTION 3. The City Manager or designee is authorized to execute a contract, deed, and other related documents necessary to complete the exchange and conveyances of the properties identified herein. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Ed Rachal Fdn Pro ert , Surplus PropertN, ,; f ' SCALE II,T.S n C �Aim 'd. � wP � . . a , UTILITY EASEMENT .� WATERTOWER r r UTILFFY EASEMENT WASTEWATER LIFT STATION AND II " VV r ACCESSORY STRUCTURE e". N ..pop tijw •+�,. AERIAL MAP r' Nor ro scx.F FIRE STATION #3 Real Property Exchange EXHIBIT A �pUS C G0121 - U z � NOApOAp'EAGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting February 15, 2022 Second Reading Ordinance for the City Council Meeting of February 22, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 Dante Gonzales, Interim Director of Parks & Recreation DanteG(a-)-cctexas.com (361) 826-3133 Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Award North Padre Island Beach Maintenance Equipment Storage Facility CAPTION: Ordinance awarding a construction contract to South Texas Building Partners, Inc, Corpus Christi, Texas, for the construction of a new storage facility for beach maintenance equipment at North Padre Island in the amount of $1,699,558, appropriating $260,242.41 from the State Hotel Occupancy Tax (SHOT) Fund, and amending the FY 2022 operating and capital budgets; located in Council District 4, with FY 2022 funding available from Parks and Recreation Bond 2014, Parks and Recreation Bond 2018, and SHOT Funds. SUMMARY: This item authorizes the construction of a 6,000 square-foot storage facility, with wash station, and all associated building elements, to include utility improvements, landscaping, and an aesthetic fagade to blend in with the surrounding community. The facility will be located within Commodores Park, next to Fire Station #15, on Commodores Road. BACKGROUND AND PURPOSE: The City of Corpus Christi Parks and Recreation Department provides beach maintenance on Padre Island using several units of heavy equipment.The maintenance equipment includes motor graders, front-end loaders, a water truck, a yard grader, and other miscellaneous equipment. Currently, the equipment is being stored outside and unprotected from the elements. This issue contributes to accelerated equipment degradation, increased maintenance costs, and decreased service lifecycle. During the preliminary feasibility study, it was determined that Commadores Park adjacent to Fire Station 15 would be the best location for a storage building to house equipment when not in use. The selected location is relatively close to the beaches and Packery Channel, where most of the work is conducted. In addition, this location will cause the least amount of disruption to traffic when traveling work routes. The facility shall be constructed of block construction and painted to expunge any industrial appearance of the facility. The site will be extensively landscaped to break up its footprint from the street. The wash bay will be located behind the building to diminish street visibility. The building will consist of four bays for equipment storage. There will be a bathroom required by code and an equipment room to house the equipment for the wash bay. The floor drains will be connected to an oil and sand separator as required by code. PROJECT TIMELINE: 2021 2022 - 2023 N D J F March - January Bid / Award Construction Project schedule reflects City Council award in February 2022 with anticipated completion in January 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on November 17, 2021, The City received bids from five bidders. The City analyzed the bids in accordance with the contract documents and determined STBP Inc. as the lowest responsive and responsible bidder. The bid results are summarized below: BID SUMMARY CONTRACTOR BASE BID 1. STBP Inc. $1,699,558.00 2. Marshal Company $1,758,170.00 3. Geo Fill $1,783,992.14 4. Progressive Structures $1,862,314.48 5. NorthStar Ellite $1,872,036.00 Engineer's Opinion of Probable Construction Cost $1,272,312.00 STBP Inc. has completed several projects for the City which includes providing repairs, replacement, and installation of doors, windows, shutters, and other facility maintenance projects for various citywide facilities. ALTERNATIVES: City Council could instruct staff to reject the bids and provide direction to re-advertise. This action may result in a savings, however, given that there are 4 other bids indicating today's cost to build is in this order of magnitude there is always the possibility that the price could go up. City Council could instruct staff to cancel the project and not award the project. This action would require the Parks Department to continue housing their equipment outside and continue to subject it to the harsh saltwater environment, resulting in elevated maintenance costs. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of$1,699,558.00 with funding available from the Parks and Recreation Bond 2014, Parks and Recreation Bond 2018, and SHOT Funds. FUNDING DETAIL: Fund: Parks and Recreation Bond 2014 Fund (3294) Mission Elem: Park Maintenance (141) Project: North Padre Island Beach Maintenance Equipment Storage Facility (E15102) Account: Construction (550910) Activity: E15102-01-3294-EXP Amount $876,315.59 Fund: Parks and Recreation Bond 2018 Fund (3295) Mission Elem: Park Maintenance (141) Project: North Padre Island Beach Maintenance Equipment Storage Facility (E15102) Account: Construction (550910) Activity: E15102-01-3295-EXP Amount $563,000.00 Fund: State HOT Beach Fund (1032) Org: Beach Gulf Maintenance (13836) Mission Elem: Park Maintenance (141) Project: North Padre Island Beach Maintenance Equipment Storage Facility (E15102) Account: Construction (550910) Activity: E15102-01-1032-EXP Amount $260,242,41.00 RECOMMENDATION: Staff recommends awarding a construction contract for North Padre Island Beach Maintenance Equipment Storage Facility to STBP Inc. of Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid Tab CIP Page Page 1 of 2 Ordinance awarding a construction contract to South Texas Building Partners, Inc, Corpus Christi, Texas, for the construction of a new storage facility for beach maintenance equipment at North Padre Island in the amount of $1,699,558, appropriating $260,242.41 in the State Hotel Occupancy Tax (SHOT) Fund, and amending the FY 2022 operating and capital budgets; located in Council District 4, with FY2022 funding available from Parks and Recreation Bond 2014, Parks and Recreation Bond 2018, and SHOT Funds. WHEREAS, the bids received for the North Padre Island Beach Maintenance Equipment Storage Facility Project ("Project") exceed the project budget, and funding is available from Bond 2018 and State Hotel Occupancy Tax ("SHOT") funds to fund this Bond 2014, Proposition 2 project; WHEREAS, Bond 2018 was approved by voters in November 2018, and funds to complete all Bond 2018, Proposition C projects have been identified; and WHEREAS, SHOT funds may be used to clean and maintain beaches, and the beach maintenance equipment storage facility is required to achieve the purpose of cleaning and maintaining the beaches. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the use and commitment of $563,000 in Bond 2018, Proposition C proceeds and $260,242.41 in SHOT funds to fund the construction of the North Padre Island Beach Maintenance Equipment Storage Facility Project. This ordinance is appropriating $260,242.41 from the unreserved fund balance in the Fund 1032 SHOT Fund. SECTION 2. The Corpus Christi FY2021-2022 Operating Budget adopted by Ordinance No. 032539 is amended to appropriate $260,242.41 to Fund 1032 and increase expenditures by $260,242.41 . SECTION 3. The Corpus Christi FY2021-2022 Capital Budget adopted by Ordinance No. 032540 is amended to increase expenditures by $260,242.41. SECTION 4. The City Manager or designee is authorized to execute a construction contract with South Texas Building Partners, Inc. Corpus Christi, Texas, for the construction in the amount of $1 ,699,558 for the North Padre Island Beach Maintenance Equipment Storage Facility Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2022, by the following vote: Paulette M. Guajardo John Martinez Page 2 of 2 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 2022, 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 , 2022 ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor ; «� t -:27� PROJECT LOCATION N SCALE: N.T.S. a VBIM1 LOCATION MAP NOT TO SCALE FLOUR BLUFF 358 PROJECT LOCATION mom' �o X02 0 361 P22 D PACKE Y LAGUNA CHAN EL MADRE GULF OF MEXICO VICINITY MAP NOT TO SCALE j PROJECT NUMBER: E15102 N. PADRE ISLAND BEACH CITY COUNCIL EXHIBIT MAINTENANCEEQUIPMENT CITY OF CORPUS CHRISTI,TEXAS vAl DEPARTMENT OF ENGINEERING SERVICES STORAGE FACILITY i intAm N 74 . ,. ,- OIL PROJECT LOCATI 4 - e.. it A- A% ,1-W N. PADRE ISLAND �p t r _ n BEACHCITY COUNCIL EQUIPMENTMAINTENANCECITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES STOR - ■A NORTH PADRE ISLAND BEACH MAINTENANCE EQUIPMENT STORAGE FACILITY E15102 Item Description Unit Quantity STBP,Inc.PO Box Marshall Company 500 Geo Fill 9900 DOERR Progressive Structures Northstar Elite 2461 North Shoreline Blvd. LANE 6133 Ayers Street Construction 36250 FM Corpus Christi,TX Suite 901 SCHERTZ,TX 78154 Corpus Christi,TX 78415 3159 New Braunfels,TX Al Mobilization(Not to 1 $15,000.00 $20,000.00 $26,997.98 $43,200.00 $10,000.00 exceed 5%) Lump Sum A2 Bonds and Insurance Allownace 1 $58,039.00 $22,000.00 $59,703.49 $22,218.56 $30,000.00 A3 Storm Water Pollution 1 $935.00 $15,000.00 $17,250.00 $8,640.00 $5,757.00 Plan Lump Sum Sub Totals $73,974.00 $57,000.00 $103,951.47 $74,058.56 $45,757.00 131 Masonry Lump Sum 1 $139,863.00 $179,300.00 $312,675.39 $162,004.32 $247,000.00 132 Metal building 1 $864,740.00 $514,370.00 $255,720.95 $587,513.52 $451,987.00 com fete Lump Sum 133 Vehicle wash bay 1 $20,000.00 $16,700.00 $36,863.75 $16,438.68 $15,218.00 equipment Lump Sum 134 Mechanical Lump Sum 1 $24,350.00 $22,800.00 $89,507.16 $21,602.16 $50,000.00 135 Electrical Lump Sum 1 $114,457.00 $141,900.00 $157,850.44 $139,818.96 $250,000.00 136 Plumbing Lump Sum 1 $89,222.00 $287,000.00 $123,775.55 $376,475.04 $349,500.00 Sub Totals $1,252,632.00 $1,162,070.00 $976,39324 $1,303,852.68 $1,363,705.00 C1 Earthwork Lump Sum 1 $79,764.00 $135,300.00 $278,705.84 $121,419.00 $155,000.00 C2 Concrete paving Lump Sum 1 $209,188.00 $264,000.00 $265,105.30 $237,600.00 $192,600.00 C3 Dum ster Enclosure Lump Sum 1 $12,000.00 $12,000.00 $46,336.29 $10,046.16 $5,000.00 C4 Landscaping and 1 $25,000.00 $80,800.00 $66,500.00 $68,338.08 $62,974.00 Irrigation Lump Sum Sub Totals $325,952.00 $492,100.00 $656,647.43 $437,40324 $415,574.00 D1 Permit Allownace 1 $9,000.00 $9,000.00 $9,000.00 $9,000.00 $9,000.00 D2 Unforeseen Conditions 1 $38,000.00 $38,000.00 $38,000.00 $38,000.00 $38,000.00 Allowance Sub Totals $47,000.00 $47,000.00 $47,000.00 $47,000.00 $47,000.00 Grand Total $1,699,558.00 $1,758,170.00 $1,783,992.14 $1,862,314.48 $1,872,036.00 Capital Improvement Plan 2022 thru 2024 City of Corpus Christi, Texas Project# E15102 Project Name North Padre Island Beach Storage Facility Type Improvement/Additions Department Parks and Recreation y Useful Life 25 years Contact Park Director Category Site Improvements Priority 5 Needed-Deficient Services Status Active Description This project will construct a Parks Beach Storage Facility south of Packery Channel on City-owned property. Justification Consistency with Comprehensive Plan;Policy Statements pp.48-50;Parks Open Space Master Plan.This facility will be used to stage equipment and staff who provide maintenance and lifeguarding services to gulf beach. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 1,494,521 1,494,521 Design 247,642 247,642 Eng,Admin Reimbursements 50,984 160,000 210,984 Tom 298,626 1,654,521 1,953,147 Funding Sources Prior Years 2022 2023 2024 Total G.O. Bond 2014 298,626 904,521 1,203,147 G.O. Bond 2018 750,000 750,000 Total 298,626 1,654,521 1,953,147 Budget Impact/Other 71 Upon completion of project staffing and increased operational costs for facility will be funded by existing Hotel Occupancy Tax(HOT)Funds. 71 SC 00 0`� � AGENDA MEMORANDUM NCORPOR I First Reading Ordinance for the City Council Meeting February 15, 2022 1852 Second Reading Ordinance for the City Council Meeting of February 22, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Jeff Edmonds, P.E., Director of Engineering Services JeffECa)-cctexas.com (361) 826-3851 License Agreement with T-Mobile West LLC. for use of Premises at Fire Station 16 CAPTION: Ordinance authorizing a License Agreement with T-Mobile West LLC for use of City property at Fire Station 16 on Mustang Island to operate a temporary antenna facility during Spring Break 2022 beginning March 1, 2022 to April 4, 2022 for a one-time fee of$2,500, located in Council District 4, with FY 2022 revenues to be deposited to the General Fund. SUMMARY: This ordinance authorizes a lease agreement between the City and T-Mobile for use of premises at Fire Station 16 to operate a temporary cell tower beginning March 1, 2022 and expiring April 4, 2022. BACKGROUND AND FINDINGS: During Spring Break the City of Corpus Christi is a popular tourist destination. During this time, there are greater than average crowds that visit the beach at Mustang Island and North Padre Island. As a result, cell phone usage may become overloaded on existing cell towers in the area creating an impact on essential services. T-Mobile has requested to place a temporary cell tower at Fire Station 16 on Mustang Island to mitigate the issue. This temporary tower will enhance coverage in the immediate area and help ensure public and private communications are not disrupted due to the influx of large crowds during this time. The lease agreement term is beginning March 1, 2022 and expires April 4, 2022. A 110-foot tower will be placed on a trailer with three wires supported by heavy concrete blocks approved by a structural engineer will be stored and operated during this term. Electrical service will be provided by a contained diesel-fueled generator that will be inspected and re-fueled daily. T-Mobile is currently obtaining all required permits from the City. The tower and its operation have been approved by the Fire Department Administration and will not impact any Fire Department operations or services. All terms and conditions are listed in the lease. ALTERNATIVES: Council can direct staff to disapprove the lease agreement which could impact public and private communications during Spring Break due to the influx of visitors at Mustang Island and North Padre Island. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of$2,500.00 of revenues to be deposited in the General Fund. Funding Detail: Fund: General Fund (1020) Org# Fire Stations (12010) Mission Elem: Revenue (888) Project: T-Mobile Cell Tower (Project No. N/A) Account: Revenue (344000) Activity: N/A Amount $2,500.00 RECOMMENDATION: The recommendation is to approve this item as presented. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Ordinance Lease Agreement Ordinance authorizing a License Agreement with T-Mobile West LLC for use of City property at Fire Station 16 on Mustang Island to operate a temporary antenna facility during Spring Break 2022 beginning March 1, 2022 to April 4, 2022 for a one-time fee of $2,500, located in Council District 4, with FY 2022 revenues to be deposited to the General Fund. WHEREAS, T-Mobile West LLC has requested to locate a temporary antenna facility at Fire Station 16 on Mustang Island during Spring Break 2022 to off-load the increased traffic on the permanent tower during this timeframe so that no essential services are disrupted; and WHEREAS, the License will be for 5600 square foot (70' x 80')tract of land on Fire Station 16, located at 8185 State Highway 361 on Mustang Island. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a License Agreement with T-Mobile West, LLC for use of City property on Mustang Island to locate and operate a temporary antenna facility from March 1 — April 4, 2022, such Agreement at all times subject to the Licensee's compliance with the conditions specified in the Agreement. The License Agreement includes a one-time fee of $2,500.00. SECTION 2. The City Manager or designee is authorized to extend the license if needed to accomplish the purpose of the License upon the same terms and conditions. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022 ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Revocable License for Use of Premises STATE OF TEXAS § COUNTY OF NUECES § This premises license ("License") is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, and T-Mobile West LLC, a Delaware limited liability company ("Licensee"). In accordance with Article IX, Section 1 , of the City's City Charter, the City by these presents does grant and convey to Licensee, for the term and upon the conditions stated in this License, a License for Use of Premises to allow the Licensee to locate and operate a temporary antenna facility ("Antenna Facilities") at Fire Station No. 16 on Mustang Island in full compliance and at all times subject to the Licensee' compliance with the conditions specified in this License. The area in which the License is granted for the location of the Licensee's Antenna Facilities is depicted on Exhibit "A" (Location Map) and referred to in this License as the "License Area." The plans for the equipment including equipment dimensions are shown on Exhibit "B" (Plan View). The City and Licensee agree as follows: A. This License, and the rights granted under the License, may be revoked at any time by the City upon providing the Licensee not less than 30 calendar days' notice in writing by the City Manager or designee ("City Manager"). B. This License grants Licensee use of 5,600 square feet (70' x 80') tract of land on Fire Station No. 16 property located at 8185 State Highway 361 on Mustang Island. C. This License becomes effective upon the signature of the City Manager or designee and shall be for a term from March 1 , 2022, to April 4, 2022. This license is void if not fully executed with copies provided to Licensee by the date of March 1 , 2022. C. In consideration of the License herein granted, Licensee agrees to pay the City $2,500 for this License. D. Upon termination or expiration of this License, the Licensee shall remove all equipment from the License Area. If Licensee fails to remove the temporary tower and all supporting equipment by the expiration date of this License, Licensee shall pay a storage fee to the City equal to the License fee. License for Use of Premises for Telecommunications Page 1 of 12 E. Upon termination or expiration of this License, the Licensee shall repair the License Area to its original condition. This includes repairing the ground to leave no ruts that will interfere with the mowing equipment. In the event Licensee fails to return the premises to its original condition, Licensee agrees that City may perform the repairs and invoice Licensee for the cost. Licensee shall pay all invoices within 30 days of receipt. F. This License may not be assigned by Licensee without the City Manager's written consent. G. The Licensee shall acquire and maintain at all times for the term of this License insurance coverage as shown in Exhibit C pertaining to the License Area granted under this License and the activities authorized by this License. The types of required insurance coverage's must be in the minimum amounts set forth in the attached Exhibit C, and the substantive content of Exhibit C being incorporated by reference into this License as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. Licensee shall provide copies of all insurance policies to the City's City Attorney. H. Should construction, installation, repair or replacement of the Antenna Facilities be deemed necessary by Licensee in the License Area, then schedules, plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City Engineer for approval prior to installing any equipment. The plans must show the type of equipment, installation schedule, the location of installation, and planned maintenance or adjustments. The Licensee shall also comply with any other laws, rules, regulations, and ordinances that may be applicable, including obtaining all required permits. I. Prior to the start of any approved installation, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit C. Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this License. J. Licensee shall provide all necessary and proper safety devices to prevent injuries or accidents on the City's property. K. Any installation, operation and use of the License Area by Licensee shall not interfere with the operation of the City or any of its agents, contractors, or franchisees of any existing or future proposed uses. Licensee shall insure that no damage is made to the irrigation/septic system located on the premises. License for Use of Premises for Telecommunications Page 2 of 12 L. The Licensee shall not interconnect into any of the City networks or other infrastructure, including electric power. M. If, as determined by the City Manager, damage occurs to the License Area or to the public infrastructure or services due to the Licensee or its contractor's or agent's use of the License Area, then Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the premises or services shall be made by the City Director of Facilities or designee. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. N. Use of the License Area authorized by this License is strictly limited to the transmission and reception of radio communication signals and for the installation, maintenance, repair or replacement of the Antenna Facilities described and depicted in Exhibit B. Licensee shall keep and maintain the Antenna Facilities on the premises in commercially reasonable condition during the term of this License. Licensee shall have 24-hour access to the premises at all times during the terms of this License. O. INDEMNIFICATION. By its acceptance of this license, the Licensee covenants and agrees fully to indemnify and hold harmless the City and the elected officials and officers and employees of the City, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including but not limited to, personal injury or death and property damage, made upon the City, directly or indirectly arising out of, resulting from or related to Licensee's activities under this license, including any acts or omissions of Licensee, and any respective agent, officer, director, representative, employee, consultant, or sub-licensee of Licensee, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this license, all without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defense of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties to this license and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Licensee shall promptly advise the City in writing of any claim or demand against the City or Licensee known to the Licensee related to or arising out of Licensee's activities under this license and shall see to the investigation and defense of the claim or demand at Licensee's cost. The City shall have the right, at its option and at its own expense, to participate in the defense without relieving Licensee of any of its obligations under this paragraph. The City shall License for Use of Premises for Telecommunications Page 3 of 12 cooperate with Licensee in the defense of all claims, proceedings, actions, and suits subject to this indemnification. This indemnification shall not extend to any costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability, or suit to the extent they directly or indirectly arise out of, result from or relate to the negligent or wrongful acts or omissions of City or its officers, agents, employees, representatives, consultants, or contractors. This indemnification survives the termination or expiration of this license. P. All signatories signing this License warrant and guarantee that they have the authority to act on behalf of the entity represented and make this License binding and enforceable by their signatures. Q. Unless otherwise stated in this License, any notice required or permitted to be given under this License must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: T-Mobile USA, Inc. 12920 SE 381h Street Bellevue, WA 98006 If to the City: City of Corpus Christi Attn: Director of Engineering Services P. O. Box 9277 Corpus Christi, TX 78469-9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. R. This License shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this License are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this License must be brought in Nueces County, Texas. S. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this License, the completed "Disclosure of Interests" form is attached and incorporated by reference into this License as Exhibit D as if set out here in their entireties. T. Licensee may be required to remove the Antenna Facilities within 24 hours' notice in the event of a storm situation. Licensee agrees that the City may License for Use of Premises for Telecommunications Page 4 of 12 remove the Antenna Facilities at no liability to the City if Licensee fail to take action to remove the Antenna Facilities within 24 hours' notice. U. City reserves the right to require Licensee to relocate the Antenna Facilities at Licensee's sole cost upon reasonable notice when such relocation is deemed necessary by the City Manager or designee. V. This instrument, including exhibits, constitutes the entire License between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties. This License may only be amended by written instrument signed by authorized representatives of the City and Licensee. EXECUTED IN DUPLICATE this day of , 2022. T-Mobile West LLC Date ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by on behalf of said Limited Liability Company. Notary Public's Signature License for Use of Premises for Telecommunications Page 5 of 12 ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Jeff H. Edmonds, P.E. Director of Engineering Services Approved as to legal form: , 2022 Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Jeff H. Edmonds, P.E., Director of Engineering Services, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public's Signature License for Use of Premises for Telecommunications Page 6 of 12 EXHIBIT A - LOCATION FOR EQUIPMENT INSTALLATION PROJECT LOCATION SCALE: N.T.S. LOCATION MAP F8 ON ^ FZOPOSEore 70ft LL TOW t SITE TO PORT ARANSAS � g S.H. 361 FIRE STATION NO. 16 ._ TO N.PADRE ISLAND Tmr x AERIAL MAP NOT TO SCALE TEMPORARY CELL TOWER CITY COUNCIL EXHIBIT FIRE STATION N O. 16 CITY OF CORPUS CHRISTI,TEXAS 8185 STATE HIGHWAY 361 DEPARTMENT OF ENGINEERING SEWCES rY License for Use of Premises for Telecommunications Page 7 of 12 EXHIBIT B PLAN VIEW SHOWING EQUIPMENT DIMENSIONS License for Use of Premises for Telecommunications Page 8 of 12 EXHIBIT C Insurance Requirements 1.1 Licensee must not commence performance under the License until all required insurance has been obtained and such insurance has been approved by the City. 1.2 Licensee must furnish to the Director of Engineering Services 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. The City must be listed as an additional insured on the General Liability policy, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with 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 Aggregate 1. Commercial Broad Form 2. Premises —Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 1.3 In the event of accidents of any kind related to the License, Licensee must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Licensee shall obtain and maintain in full force and effect for the duration of the License, and any extension thereof, at Licensee'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. 1 .5 Licensee is 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. Licensee 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 License for Use of Premises for Telecommunications Page 9 of 12 1.6 Licensee 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 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; 1.6.2 Provide 30 calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. 1.7 Within five calendar days of a suspension, cancellation or non-renewal of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Licensee'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 the License. 1.8 Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's performance covered by the License. 1.9 It is agreed that Licensee'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. 1.10 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. License for Use of Premises for Telecommunications Page 10 of 12 EXHIBIT D CITY OF CORPUS CHRISTI City r Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: - FIRM IS: 1. Corporation ❑ 2. Partnership H 3. Sole Owner E:14. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant License for Use of Premises for Telecommunications Page 11 of 12 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board,commission,or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official."The Mayor, members of the City Council,City Manager, Deputy City Manager,Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest,whether actually or constructively held, in a firm, including when such interest is held through an agent,trust,estate,or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. License for Use of Premises for Telecommunications Page 12 of 12 PROJECT LOCATION r { + SCALE: N.T.S. - p r i Y LOCATION MAP `5 l ' � r ' PROPOSE . LTOWER � �p �' ITE s r TO PORT ARANSAS . _ ® � FIRE STATION NO. 16 TOI t N. PADRE ISLAND �' 1. :"t�, ern �. Mf '*✓f '•Ta,r...- I-r•, ! , I .Fr•A rl �l .q.. l 1 AERIAL MAP � �,' r�` �� •�r �, , :� -� � "� ahr NOT TO SCALE lovirp TEMPORARY CELL TOWER CITY COUNCIL EXHIBIT FIRE STATION NO. 16 CITY OF CORPUS CHRISTI,TEXAS 8185 STATE HIGHWAY 361 DEPARTMENT OF ENGINEERING SERVICES 0'� E AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting December 7, 2021 1852 Second Reading Ordinance for the City Council Meeting December 14, 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 Service Agreement with Friends of the Museum of Science and History CAPTION: Ordinance to authorize the execution of Amendment No. 1 to the Service Agreement for the Management of the Corpus Christi Museum of Science and History with Friends of the Museum of Science and History to increase City's payment from $150,000 annually to $500,000 annually for Fiscal Years 2022 and 2023 and providing for funds to be paid from Hotel Occupancy Tax Fund. SUMMARY: This Ordinance authorizes an amendment to the five-year service agreement with Friends of the Museum of Science and History to provide management services for the Museum of Science and History and provides an increase in funding from $150,000 to $500,000 annually for FY 2022 and FY 2023. BACKGROUND AND FINDINGS: The Museum was founded in 1957 as the Corpus Christi Junior Museum by several educational organizations who hired Aalbert Heine the museum's first director. Aalbert's vision was to create an encyclopedic-style museum that would cover all time, places, and a broad spectrum of concepts. The junior museum was in a repurposed school building demolished later to create the current museum.The museum was initially an independent organization until the mid-1960s. In planning for the Arts District, the museum became a city department and the first cultural institution in the Sea District. In 1968, the south wing of the current building was constructed and opened as the Corpus Christi Museum. The south wing began with an emphasis on natural science. Nearly immediately following the opening of this building, that the collections and need outgrew the facility. There was interest in creating another wing specifically for history exhibits, and construction of the north wing took place in 1972 for this purpose. An enclosed breezeway served as an entry area, ticket counter, and gift shop between the two buildings on the east or Water Garden side. The subsequent building modification expanded the center section to house the state's 1554 shipwreck and Naval aviation exhibits in the mid- 1980s. When the USS Lexington berthed in Corpus Christi in the late 1980s, the museum donated its Naval exhibition. Aalbert Heine retired on December 31, 1984, replaced by Rick Stryker. The Corpus Christi Museum changed its name to the Corpus Christi Museum of Science and History in 1989. In the mid-1990s, the city acquired the replicas of Columbus ships through a challenging and controversial process that endured for decades. During this period, a complicated consortium of multiple non-profits work began with the Columbus Ships and the museum. The combined organizations were called the Worlds of Discovery. Until late 2012, visitors would purchase separate admission to see the museum and the ships. In 1978, the Friends of the Corpus Christi Museum of Science and History organized. The Friends served as the not-for-profit support for the museum. In the late 1990s, the Friends raised funds and provided the dome room addition to bring a dome ceiling, previously part of the Philadelphia Museum of Art, to the museum. The Friends provided more than $15M in incremental improvements to the museum. Rick Stryker directed the museum until 2012, when the city entered into a public-private management arrangement with Dusty Durrill, who formed the Corpus Christi Museum Joint Venture (CCMJV.) The city of Corpus Christi and CCMJV hired a firm to search for the next director for the museum. Carol Rehtmeyer became the Executive Director in November 2012. Soon after, Dusty suffered a stroke and heart attack, relinquishing CCMJV to Bill Durrill, his son. The Friends of the Corpus Christi Museum of Science & History bid for the museum's management in a blind bid arrangement through city procurement. In August 2018, the Friends secured the management bid and began management as a not-for-profit management organization on October 1, 2018. Due to the funding from by the current agreement not providing sufficient staffing support, the Museum of Science and History has requested an increase. ALTERNATIVES: An alternative would be for the City to deny the funding increase for Friends of the Museum of Science and History, which would hinder their staffing capabilities and provide less incentive to continue providing management services for the Museum of Science and History. FISCAL IMPACT: The fiscal impact of the amendment for the City is a total funding amount of$500,000 for FY 2022 and FY 2023. FUNDING DETAIL: Fund: 1030 HOT Fund Organization/Activity: 13013 Mission Element: 734 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends approval of the ordinance to authorize the execution of Amendment No. 1 to the Service Agreement for the Management of the Corpus Christi Museum of Science and History with Friends of the Museum of Science and History to increase City's payment from $150,000 annually to $500,000 annually for Fiscal Years 2022 and 2023 and providing for funds to be paid from Hotel Occupancy Tax Fund. LIST OF SUPPORTING DOCUMENTS: Ordinance; Amendment Ordinance to authorize the execution of Amendment No. 1 to the Service Agreement for the Management of the Corpus Christi Museum of Science and History with Friends of the Museum of Science and History to increase City's payment from $150,000 annually to $500,000 annually for Fiscal Years 2022 and 2023 and providing for funds to be paid from Hotel Occupancy Tax Fund. Whereas, the Corpus Christi Museum of Science and History promotes tourism and the convention and hotel industry; Whereas, the Corpus Christi Museum of Science and History is part of the City's convention center complex; Whereas, the Corpus Christi Museum of Science and History encourages, promotes, improves, and applies the arts; Whereas, the Corpus Christi Museum of Science and History encourages tourists and convention delegates to visit the Corpus Christi Museum of Science and History at or in the immediate vicinity of convention center facilities; and Whereas, the management of the Corpus Christi Museum of Science and History is only for the promotion of tourism and the convention and hotel industry. BE IT ORDAINED BY THE CITY COUNCIL OF 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. The Corpus Christi City Council finds that the expenditure of Hotel Occupancy Tax funds for management of the Corpus Christi Museum of Science and History is an allowable use pursuant to Texas Tax Code Section 351 .101 . SECTION 2. The City Manager or designee is authorized to amend the service agreement for the management of the Corpus Christi Museum of Science and History with Friends of the Museum of Science and History, Corpus Christi, Texas, to increase base compensation to $500,000 annually for FY 2022 and FY 2023. 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 Friends of the Corpus Christi Museum of Science and History Fiscal Year Analysis(October-September) (as provided by the Museum Auditor) Date Prepared 11/8/2021 FY 2019 FY 2020 FY 2021 AUDITED AUDITED DRAFT Total Income 3,052,591.00 2,239,113.00 1,897,934.57 Cost of Goods Sold (40,778.00) (22,814.00) (33,286.57) Gross Profit 3,011,813.00 2,216,299.00 1,864,648.00 Total Expenses 2,800,074.00 2,202,795.00 2,194,390.73 Net Income 211,739.00 13,504.00 (329,742.73) Total Net Assets(Deficit)-9/30 229,744.00 243,248.00 (86,494.73) in-kind 1,548,115.00 751,433.00 605,350.44 excluding-in kind revenues 1,463,698.00 1,464,866.00 1,259,297.56 expenses 1,251,959.00 1,451,362.00 1,589,040.29 Net-ex in kind 211,739.00 13,504.00 (329,742.73) PPP 159,837.00 195,567.50 Reflected In Net NOT In Net Net-Without PPP 211,739.00 (146,333.00) (329,742.73) Net Without PPP+City's Cash Support (288,261.00) (446,333.00) (529,742.73) DocuSign Envelope ID:77E071353-4C46-4F7A-9AEF-9C4606C97EB7 G 0 � v Amendment No 1 to rNORpaRpS Ea Service Agreement for 1852 Management of Corpus Christi Museum of Science and History Date: October 7, 2021 Amendment No. 1 to Service Agreement for Management of Corpus Christi Museum of Science and History Reference: RFP No. 1703 Contract No: 2018- 420 Whereas, the Corpus Christi Museum of Science and History promotes tourism and the convention and hotel industry; Whereas, the Corpus Christi Museum of Science and History is part of the City's convention center complex; Whereas, the Corpus Christi Museum of Science and History encourages, promotes, improves, and applies the arts; Whereas, the Corpus Christi Museum of Science and History encourages tourists and convention delegates to visit the Corpus Christi Museum of Science and History at or in the immediate vicinity of convention center facilities; and Whereas, the management of the Corpus Christi Museum of Science and History is only for the promotion of tourism and the convention and hotel industry. The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Friends of the Museum of Science and History, a Texas nonprofit corporation, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the "Amendment") which, together with the Service Agreement for Management of Corpus Christi Museum of Science and History (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. PREAMBLE ABOVE INCLUDED. The Contractor and the City agree that the preamble statements included above: (i) are incorporated by reference into this Agreement as if fully set out here in their entireties; (ii) are accurate and truthful statements; (iii) and are valid and uncontestable in form and substance for all intents and purposes of the Parties. II. Base Compensation may be paid using Hotel Occupancy Tax funds. Base Compensation paid using Hotel Occupancy Tax funds may only be used for activities authorized by Texas Tax Code 351 .101 . The management of the Corpus Christi Museum of Science and History is only for the promotion of tourism and the convention and hotel industry. As such, management services are authorized by Texas Tax Code 351 .101 . Page 1 of 2 DocuSign Envelope ID:7E071353-4C46-4F7A-9AEF-9C4606C97EB7 Attachment B: Bid/Pricing Schedule to the Agreement is amended to increase annual price for services as follows: Item Description Annual Price 4.0 Management Fee Year 4 (October 1, 2021 - $150, 000.00 September 30, 2022)-Not to Eyreee a $514,425 $500,000 5.0 Management Fee Year 5 (October 1, 2022 - $150, 000.00 September 30, 2023)-Net to & .,,,,,a $444,704 $500,000 The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. 1,L 21DocuSigned by: bSt L wiSt, Y. 10/7/2021 Joseph Wise Jr Date Chairman Friends of the Museum of Science and History DocuSigned by: 10/7/2021 Carol Rehtmeyer Date President Friends of the Museum of Science and History PDocuSigned by: " GQ � 10/7/2021 Dante GonzaTe'z"a Date Interim Director of Parks and Recreation Department City of Corpus Christi APPROVED AS TO LEGAL FORM: Date Buck Brice Assistant City Attorney For City Attorney Page 2 of 2 SS\ FOR ACCAP Cs% V ' CORPUS r, ACCREDIrEU CHRISTI 's = PAM �hA RECRFAt�P Museum of Science & History Contract Amendment City Council February 15, 2022 Current Agreement Terms 9 CHRISTI PARK56 • Agreement commenced upon October 1, 2018 and will end September 30, 2023 • Current Compensation involves two components — Museum Operating Revenues and Management Fee • Sec. 1.4 allows the Friends of the Museum to retain all revenue produced by the Museum's operation Year 1 — FY 2018-2019 $500,000 Year 2 — FY 2019-2020 $300,000 Year 3 — FY 2020-2021 $200,000 Year 4 — FY 2021-2022 $150,000 Year 5 — FY 2022-2023 $150,000 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- i Current Agreement TermsCORPUS �1�\ OHRISTI \\ P A�RK56 — Museum Operating Revenues and Management Fee • Sec. 1.3 includes the following City Paid Expenses (In-Kind Compensation) ----------------------------------------------------------------------------------------------------------------------------------- Information Technology Services ----------------------------------------------------------------------------------------------------------------------------------- Computers ----------------------------------------------------------------------------------------------------------------------------------- Building Maintenance Services ----------------------------------------------------------------------------------------------------------------------------------- Grounds Maintenance ----------------------------------------------------------------------------------------------------------------------------------- Property Insurance ----------------------------------------------------------------------------------------------------------------------------------- Elevator Maintenance ----------------------------------------------------------------------------------------------------------------------------------- Electricity(up to $235,000 per year) ----------------------------------------------------------------------------------------------------------------------------------- Water, Gas, and Wastewater ---------------------------------------------------------------------------------------------------------------------------------- 3 Current Agreement Terms CHRISTI PARK56 • Museum Access — Sec. 12 permits City access to the Museum for use by the City: • For the purpose of inspection and to make repairs, additions, or renovations • In case of emergency, as determined by the City in its sole discretion • The City Manager shall have the right to use the facility or any part thereof rent-free for meetings, seminars, training classes, or other non- commercial uses • During the FY 2022 Budget Development and Adoption, staff included, and Council approved, an increase in funding — Funds were budgeted in the HOT Fund in an amount of $500,000 Current Fiscal Year Analysis CHRISTI PARK56 Friends of the Corpus Christi Museum of Science and History Fiscal Year Analysis(October-September) (as provided by the Museum) Date Prepared 11/29/2021 FY 2019 FY 2020 FY 2021 Budget2021 Budget2022 Unrestricted Revenue $ 1,291,715 $ 1,041,832 $ 1,183,806 Restricted Revenue $ 212,761 $ 445,849 $ 108,778 Total Income $ 1,504,476 $ 1,487,680 $ 1,292,584 $ 1,522,240 $ 2,000,525.00 Cost of Goods Sold $ 40,778 $ 22,814 $ 33,287 $ 24,000 $ 35,000.00 Gross Profit $ 1,463,698 $ 1,464,866 $ 1,259,298 $ 1,498,240 $ 1,965,525.00 Total Expenses $ 1,251,959 $ 1,451,326 $ 1,589,041 $ 1,297,720 $ 1,790,601.25 Net Income $ 211,738 $ 13,541 $ (329,743) $ 200,520 $ 174,923.75 City Funding-Management Fee $ 500,000 $ 300,000 $ 200,000 $ 200,000 $ 500,000.00 Net-Excluding City's Cash Support $ (288,262) $ (286,459) $ (529,743) $ 520 $ (325,076) 5 Recommendation CHRISTI PARK56 Staff recommends APPROVAL of this item . 6 SC o° 0 U NogPoapYEo AGENDA MEMORANDUM 1852 First Reading for the City Council Meeting of February 15, 2022 Second Reading for the City Council Meeting of February 22, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3@cctexas.com (361) 826-3227 FY 2022 Operational Budgeted Headcount Adjustment Procurement Department CAPTION: Ordinance approving the addition of one full-time position to the budget of the Procurement Division of the Finance & Procurement Department for a Contract Manager, as recommended by the City Audit Committee; and amending the FY 2022 Operating Budget to increase the number of positions by one, with funding coming from the existing FY 2022 Procurement operational budget. SUMMARY: This Ordinance increases the Procurement Fund positions from thirty-two (32) to thirty- three (33) to add one Contract Manager for centralized contract administration. BACKGROUND AND FINDINGS: The final step in the procurement process is contract management The objective of contract management is to ensure the contract is performed satisfactorily and responsibly. Currently, there is no centralized oversight for department contract administration. As recommended as part of the Procurement Weaver study, establishing a centralized Contract Manager to oversee the contract administration function will ensure that all contracts are tracked, documented, and reported on in a unified methodology. Increased contract monitoring will ensure targets and milestones are met and will allow for maximizing contract utilization and value. Contract management becomes most effective when all areas of an organization are brought in, and ownership is assigned. This position will be responsible for developing the guidelines and training requirements for all department contract coordinators. The City has over 2,162 active contracts (Including MOUs, Inter-Local Agreements, and Leases). The Contract Manager will audit contract compliance and develop reporting requirements. Another advantage to having centralized oversight will be the ability to identify and coordinate larger multi-department even citywide contracts. This will allow the City to better leverage buying power and potentially receive more favorable pricing. ALTERNATIVES: One alternative would be to wait until the normal budget cycle. Delaying the action until the FY 2023 budget adoption would likely delay hiring until calendar year 2024. Another alternative is to not approve this position, and the City could continue to operate as it does today. FISCAL IMPACT: The first year estimated cost to hire the full-time Contract Manager is $105,000 for salary, benefits, and supplies. The estimated cost for FY 2022 is $70,000 and the position will be funded through the existing Procurement Fund Operating Budget. Funding Detail (Remaining Year): Fund/Org: N/A Project No.: N/A Account: N/A Activity: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the Ordinance to add one position to the Procurement Division of the Finance and Procurement Department. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance approving the addition of one full-time position to the budget of the Procurement Division of the Finance & Procurement Department for a Contract Manager, as recommended by the City Audit Committee; and amending the FY 2022 Operating Budget to increase the number of positions by one, with funding coming from the existing FY 2022 Procurement operational budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The fiscal year 2021-2022 ("FY 2022") Operating Budget, approved by Ordinance 032539, is amended to add one full-time equivalent ("FTE") position for a Contract Manager, including the required salary and benefits, to the total number of FTEs shown for the Procurement Division of the Finance & Procurement Department, as recommended by the Audit Committee. Section 2. The FY 2022 Operating Budget is amended to increase by one the total number of FTEs to be paid from currently budgeted FY 2022 operational funds of the Procurement Division budget, resulting in no increase to revenues nor expenditures in the FY 2022 Operating Budget. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 , 2022 ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting February 15, 2022 1852 Second Reading Ordinance for the City Council Meeting February 22, 2022 DATE: February 15, 2022 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinS4(a)cctexas.com (361) 289-0171 Ordinance authorizing the City Manager to execute an Estoppel Lease Amendment for MREIC Corpus Christi TX lease agreement with the Corpus Christi International Airport. CAPTION: Ordinance approving a lease estoppel and amendment to the ground lease with MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi International Airport to include language required for a merger and loan transaction by the Tenant; authorizing the City Manager to execute all documents necessary and related to the amendment and refinancing transaction; and providing for an effective date. SUMMARY: MREIC, is a current tenant since 2011 , as part of a planned merger and refinancing of mortgage loan transaction of their leasehold interest, has requested that the City agree to amend the Lease and execute all documents as may be necessary and related to the transaction. No financial impact to the Airport Fund. All other terms and conditions to remain the same. Attached is survey of the subject premises. BACKGROUND AND FINDINGS: The City and Corpus Christi Developments 1 , LLC, doing business as Corpus Christi FXG, LLC, executed a ground lease dated October 12, 2010, and which commenced December 12, 2010, for 8.18 acres at the Corpus Christi International Airport for development and construction of a build-to-suit cargo and shipping facility. Corpus Christi Developments 1, LLC, subleased the acreage to FedEx Ground Package System, Inc. The City Council agreed to an assignment and assumption of the Leased premises on August 23, 2011 , to MREIC Corpus Christi TX, LLC, having an address at 101 Crawfords Corner Road, Suite 1405, Holmdel, NJ 07733 As permitted under the existing lease agreement, the tenant MREIC wishes to undergo a merger, and has requested a lease estoppel from the City of Corpus Christi to provide agreement information to refinance the loan process. As part of refinancing process, the merger requires an amendment to the current contract to provide language identifying the new lender on the leasehold interest for the premises located at the Corpus Christi International. The closing date of the Tenant's merger and loan transaction is expected on February 24, 2022. ALTERNATIVES: None FISCAL IMPACT: None FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: City staff recommend approval of this action item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ground Lease Estoppel Ordinance approving a lease estoppel and amendment to the ground lease with MREIC Corpus Christi TX, LLC ("Tenant") at the Corpus Christi International Airport to include language required for a merger and loan transaction by the Tenant; authorizing the City Manager to execute all documents necessary and related to the amendment and refinancing transaction; and providing for an effective date. WHEREAS. the City, as landlord, and Corpus Christi Developments 1, LLC, doing business as Corpus Christi FXG, LLC, as the original tenant, executed a certain Ground Lease ("Lease"), dated October 12, 2010, and which commenced December 12, 2010, for approximately 8.18 acres at the Corpus Christi International Airport ("Airport"); WHEREAS, Corpus Christi Developments 1, LLC, subleased the acreage to FedEx Ground Package System, Inc., for development and construction of a build-to-suit cargo and shipping facility; WHEREAS, the City Council subsequently agreed to a certain Assignment and Assumption of Ground Lease ("Assignment") on August 23, 2011, with such Assignment made effective as of October 11, 2011, to MREIC Corpus Christi TX, LLC ("Tenant"); WHEREAS, the Tenant, as part of a planned merger and encumbrance of its leasehold interest, has requested that the City agree to amend the Lease and execute all documents as may be necessary and related to the loan transaction; and WHEREAS, the City Council finds the terms of the amendment to the Lease beneficial and acceptable to the City. BE IT ORDAINED BY THE CITY COUNCIL OF 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 the Lease amendment and planned loan transaction. SECTION 2. The City Council approves an amendment to the Lease between the City and MREIC Corpus Christi TX, LLC, as Tenant, with such amendment to be hereafter known and referred to as the "First Amendment" (whether or not so designated), and authorizes the City Manager, or his designee, to execute all documents necessary and related to the First Amendment, the merger, and loan transaction involving the Tenant, as may be necessary and in substantially the same form as presented for approval pursuant to this ordinance. A copy of that certain Ground Lease Estoppel and Amendment, which contains the Lease estoppel and First Amendment,joined into a single instrument, is incorporated by reference into this ordinance as if fully set out here in its entirety. Following the closing date of the Tenant's merger and loan transaction, presently anticipated to be February 24, 2022, a fully executed copy of the Ground Lease Estoppel and Amendment must be submitted by the Tenant and placed on file with the Office of the City Secretary. SECTION 3. 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 4. This ordinance is effective upon Tenant's closing of the transaction stated in Section 2 of this ordinance. In the event Tenant's closing is not concluded by March 31, 2022, this ordinance is null and void without any legal effect and without the necessity of further action taken by the City Council. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, 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 2022, 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 this the day of ' 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 GROUND LEASE ESTOPPEL AND AMENDMENT THIS GROUND LEASE ESTOPPEL AND AMENDMENT (this "Agreement") dated as of February , 2022, is entered into by and between CITY OF CORPUS CHRISTI ("Lessor" or "C "), having an address at Corpus Christi International Airport, 1000 International Drive, Corpus Christi, Texas 78406 and MREIC Corpus Christi TX, LLC, having an address at 101 Crawfords Corner Road, Suite 1405, Holmdel, NJ 07733 (together with its successors and/or assigns, "Lessee" or"Developer"), and for the benefit of CITI REAL ESTATE FUNDING INC., a New York corporation, CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, CITIBANK, N.A., a national banking association, UBS AG, BANK OF AMERICA, N.A., a national banking association, BANK OF MONTREAL, a Canadian chartered bank, MORGAN STANLEY BANK, N.A., a national banking association, MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company and BREF VI HOLDINGS LLC, a Delaware limited liability company (individually and collectively, as the context may require, and together with their respective successors and/or assigns, "Lender"). RECITALS WHEREAS, Monmouth Real Estate Investment Corporation ("Monmouth"), the parent of Lessee, and Industrial Logistics Properties Trust, have entered into a definitive agreement and plan of merger and in connection with the foregoing, Lessee shall encumber its interest under the Lease. WHEREAS, pursuant to that certain Ground Lease, dated October 12, 2010, between Lessor and Lessee (as amended, restated or supplemented from time to time, the "Lease"), Lessor leased to Lessee certain real property described therein (together with all easements and appurtenances relating thereto, the"Pro e "). WHEREAS, Lender intends to extend a loan or loans (including, as applicable, any mezzanine loan made to one or more affiliates of Lessee) (collectively, the "Loan") to Lessee and certain affiliates of Lessee, to be evidenced by, among other things, that certain Promissory Note or Promissory Notes made by Lessee and/or the other borrowers a party thereto and payable to the order of Lender or Lender's agent and/or designee, as applicable (collectively, the "Note"), and secured by, inter alia, with respect to the mortgage loan or loans a first lien leasehold mortgage or leasehold deed of trust (or leasehold deed to secure debt, as applicable) granted by Lessee in favor of Lender or Lender's agent and/or designee, as applicable (as the same may be amended, restated, extended and/or modified from time to time, the "Securily Instrument"), encumbering Lessee's interest in the Property and in the Lease, which Security Instrument will be recorded in the applicable public records (the Note, the Security Instrument and all other documents executed in connection therewith or in connection with any mezzanine loan or loans are collectively referred to herein as the "Loan Documents"). Lessor hereby acknowledges and consents to the foregoing. NOW, THEREFORE, to induce Lender to make the Loan and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the 010808.0000003 EMF US 88662969v6 parties, intending to be legally bound, hereby agree with each other, and for the benefit of Lender, as follows: 1. Lessor's Representations and Warranties. Lessor represents and warrants to Lender and Lessee the following: (a) Lease. A true, correct and complete copy of the Lease is attached hereto as Exhibit B, along with a final sealed survey attached hereto as Exhibit A, and the Lease has not been amended except as expressly set forth in Exhibit B. The Lease is in full force and effect and constitutes the entire agreement between Lessor and Lessee with respect to the Property and the Lease. Lessee is the tenant under the Lease and is in quiet possession of the entire Property. The Lease constitutes the legal, valid and binding obligation of Lessor, enforceable against Lessor in accordance with its terms. (b) Fee Ownership. Lessor is the record owner of the fee interest in the Property, subject to the Lease. (c) Rent. The minimum rent payable under the Lease is assessed for the gross square footage of the Premises and is currently $2,835.15 per month ("Rent") and will be in effect until August 31, 2026 at which time the annual rent will be adjusted based on the fair market value with a cap of a 3% increase over the previous five years and which adjustment will continue every five years on September 1st based on the fair market value with a cap of a 3% increase over the previous five years, until the Lease expiration on December 11, 2040. The annual rent is required to be paid in equal monthly installments in advance on the first day of each month, and such rent has been paid through the month of February 28, 2022. The Lease does not provide for the payment of any percentage rent by Lessee. There are no other rents, additional rents or other charges due and payable under the Lease other than the Rent. (d) The current term of the Lease commenced on December 12, 2010, and expires on December 11, 2040 (the "Expiration Date"). As of the Expiration Date, all permanent Improvements (as such term is defined in the Lease) placed or constructed on the Premises by Lessee revert to the City pursuant to Section 24(c) of the Lease. Lessee has two (2) ten (10) year options on the Premises at the then fair market rental rate (such Improvements to assist in future rent calculations, as stated in Section 5). (e) Defaults; Offsets. Neither Lessor nor Lessee is in default under the Lease and Lessor has no knowledge of the existence of any event which, with the giving of notice, the passage of time, or both, would constitute a default by Lessor or Lessee under the Lease. There are no offsets, counterclaims, defenses, deductions or credits whatsoever with respect to the Lease, or the rents or other charges due thereunder, or any amounts owing under any other agreement. All monetary obligations due under the Lease to date have been fully and currently paid. Lessee has no claim against Lessor for any security, rental, cleaning or other deposits. No controversy presently exists between Lessor and Lessee, including any litigation or arbitration, with respect to the Lease or the Property. (f) No Mortgages on Fee Interest. Lessor has not assigned, transferred, sold, encumbered or mortgaged its interest in the Lease or the Property (or any part of it) except 2 010808.0000003 EMF US 88662969v6 as expressly set forth in Exhibit B and there currently are no mortgages, deeds of trust or other security interests encumbering Lessor's fee interest in the Property (or any part of it). No third party has any option, preferential right or right of first refusal to purchase the Property (or any part of it) or Lessor's underlying fee interest. No consent or approval of any third party is required in order for Lessor to deliver this Agreement and to fully perform Lessor's obligations hereunder, in favor of Lender or any other mortgagee in connection with any refinancing of the Security Instrument (any such refinancing shall be upon terms and conditions as Lessee may agree to, with Lender or any other mortgagee in connection therewith). (g) Eminent Domain. Lessor has not received written notice of any pending eminent domain proceedings or other governmental actions or any judicial actions of any kind against Lessee's or Lessor's interest in the Property. 2. Additional Provisions. (a) Notwithstanding anything in the Lease to the contrary, effective as of the making of the Loan, Lessor and Lessee hereby agree with each other, and for the benefit of Lender, that the Lease is hereby amended to add the following Section 32: "32. The provisions of this Section 32 shall supersede any contrary or inconsistent provisions in the Lease and in the event of any inconsistency between the provisions of this Section and any other provision of the Lease, the provisions of this Section shall govern. 32.1. Developer's Right to Mortgage Lease, Recognition of Lender as Leasehold Mortgagee. A. Developer shall have the absolute right, in each case, without seeking the consent or approval of City, to (i) grant a first lien leasehold mortgage or deed of trust, as the case may be (as the same may be amended from time to time, the "Security Instrument"), encumbering Developer's leasehold interest in the demised premises (the "Pro e ") and in the Lease and (ii) grant a pledge of the direct or indirect interest in Lessee (as the same may be amended from time to time, the "Pledge'). City hereby recognizes and acknowledges each of the Security Instrument and Pledge from Developer (or its affiliates) to the applicable Lender entered into in connection with the Loan and/or any of its respective affiliates or Lender's agent and/or designee, as applicable, and confirms that the loans made by Lender and secured by the Security Instrument and the Pledge, as applicable, are a permitted financing under Section 31(M) of this Lease. "Mezzanine Lender" as used herein shall mean the lender on any loan secured by the Pledge. 3 010808.0000003 EMF US 88662969v6 B. Notwithstanding anything to the contrary set forth in this Lease, City hereby agrees that (i) Lessee shall have the right, at any time, to secure financing on the Premises for any purpose and (ii) any lender providing such financing secured by the Security Instrument and the Pledge shall be deemed a "Leasehold Mortgagee" under the Lease and further confirms that Lender is a "Leasehold Mortgagee" under the Lease. 32.2. Right to Perform for Developer, Right to Cure. City acknowledges and agrees that Lender shall have the right to perform any term, covenant, condition or agreement to be performed by Developer under the Lease and City shall accept such performance by Lender with the same force and effect as if furnished by Developer. Notwithstanding the terms of the Lease, City agrees that City shall not terminate the Lease in connection with any default by Developer unless Lender has been afforded (i) the same period of time as Developer has under the Lease, plus an additional thirty (30) days to cure any such default, (ii) in the event that any such default cannot, with reasonable diligence, be cured within such thirty (30) day period, such longer time as may be required to complete such cure, provided Lender notifies City of its intention to cure such default and Lender promptly commences and diligently pursues such cure to completion, and (iii) in the event that such default is incapable of cure by Lender, such time as may be required for Lender to gain possession of Developer's interest under the Lease pursuant to the terms of the Security Instrument and other Loan Documents, provided Lender notifies City of its intention to cure such default and Lender promptly commences and diligently pursues such cure to completion. Upon a foreclosure of the Security Instrument or the Pledge by Lender, City hereby agrees to waive any non-curable default under the Lease. For the avoidance of doubt, a non-curable default shall not include a default that can be cured by the payment of money. 32.3. Lender's Consent. Neither City nor Developer will amend, modify, cancel or surrender the Lease without Lender's prior written consent. 32.4. Delivery of Notices. City hereby acknowledges that this Agreement shall be deemed the request for notice by Lender as set forth in Section 31(M)(6) of the Lease and, City hereby agrees to simultaneously deliver to Lender copies of all notices, statements, information and communications delivered or required to be delivered to Developer pursuant to the Lease, including, without limitation, any notice of any default by Developer. In addition, 4 010808.0000003 EMF US 88662969v6 City shall promptly notify Lender in writing of any failure by Developer to perform any of Developer's obligations under the Lease. No notice, statement, information or communication given by City to Developer shall be binding or affect Lender unless a copy of the same shall have simultaneously been delivered to Lender. All notices to Lender shall be addressed as set forth in this Agreement, or at such other addresses as Lender shall provide in writing to the other parties hereto, and shall be given in writing and shall be effective for all purposes if hand delivered or sent by (a) certified United States mail, postage prepaid, return receipt requested, or (b) expedited prepaid delivery service, either commercial or United States Postal Service, with proof of attempted delivery. A notice shall be deemed to have been given: in the case of hand delivery, at the time of delivery; in the case of certified mail, when delivered (as evidenced by the receipt) or the first attempted delivery on a business day; or in the case of expedited prepaid delivery, upon the first attempted delivery on a business day. 32.5. Lender Not Obligated Under Lease, Permitted Transfers. The granting of the Security Instrument or the Pledge shall not be deemed to constitute an assignment or transfer of the Lease or the Property to Lender, nor shall Lender, as such, be deemed to be an assignee or transferee of the Lease or of the leasehold estate thereby created so as to require Lender, as such, to assume the performance of any of the terms, covenants or conditions on the part of Developer to be performed thereunder. Notwithstanding the foregoing, (i) City hereby agrees that Developer shall have the right to assign or sublet Developer's interest under the Lease to Lender, its successors or assigns of the Loan and the Loan Documents, with notice to but without the consent of City and (ii) to the purchaser at any sale of the Lease and the leasehold estate thereby created in any proceedings for the foreclosure of the Security Instrument or the Pledge (including, without limitation, power of sale) or the assignee or transferee of the Lease, with notice to the City, and the leasehold estate thereby created under any instrument of assignment or transfer in lieu of the foreclosure (whether Lender or any third parry) shall be deemed to be a permitted assignee or transferee under the Lease upon notice to the City but without the need to obtain City's consent, and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of Developer to be performed under the Lease from and after the date of such purchase and/or assignment (but not for any obligations or liabilities accruing prior to such date), but only for so long as such purchaser or assignee is the owner of the Lease and the leasehold estate thereby created, it 5 010808.0000003 EMF US 88662969v6 being understood and agreed that upon a sale or transfer of the Lease by such party (which sale or transfer shall not require the consent of City) and written assumption of its obligations under the Lease by any new purchaser or assignee, the transferring party shall be relieved of all future liability under the Lease. 32.6. City's Mortgagees; Fee Mortgages Subordinate. Any existing or future mortgage, lien, or other encumbrance against all or any portion of City's fee estate in the Premises, or on any other interest of City in the Lease, or any part thereof, whether given as security for any indebtedness owed by it or for any other reason, shall (i) expressly recognize the existence of this Lease, and expressly provide that such mortgage, lien or encumbrance is subject and subordinate to the Lease and any renewal, replacement, amendment or modification of the Lease (and to any new lease that Lender may be entitled to pursuant to the terms hereof), and (ii) shall provide that any mortgage, lien or other encumbrance on the fee estate shall be fully subordinate to the Lease, the leasehold estate created thereby and the Security Instrument. Notwithstanding the foregoing, the Lease remains subject at all times to the subordination rights of the United States government, acting by and through the Federal Aviation Administration, for which federal funds have been and will continue to be provided to the City. 32.7. Casualty and Insurance Proceeds. So long as the indebtedness, or any part of the indebtedness, secured by the Security Instrument remains outstanding and unpaid and the Security Instrument remains of record, City and Developer agree that: (a) the Lease shall not terminate or be canceled at any time upon the damage or destruction by fire or other casualty of all, substantially all, or any part of the Property; (b)the insurance policies required to be maintained pursuant to the Lease shall name Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) as an additional named insured and loss payee/mortgagee; (c) Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) shall be entitled at Lender's option to participate in any adjustment, settlement or compromise with respect to any insurance claim; and (d) all proceeds of such insurance policies shall be payable first to Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) as loss payee (City subordinating any right to receive such proceeds to Lender, excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) to be applied by Lender (excluding any Mezzanine Lender, but only in its capacity 6 010808.0000003 EMF US 88662969v6 as Mezzanine Lender) in accordance with the terms of the Security Instrument(or other applicable loan documents). 32.8. Condemnation and Condemnation Proceeds. So long as the indebtedness, or any part of indebtedness, secured by the Security Instrument remains outstanding and unpaid and the Security Instrument remains of record, City and Developer agree that: (a) the Lease shall not terminate or be canceled upon a taking or condemnation pursuant to an eminent domain proceeding of all, substantially all, or any part of the Property without Lender's consent or unless required by law; (b) any and all awards for any taking or condemnation shall be first payable to Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) for application in accordance with the terms of the Security Instrument, with any remainder due to City, if so entitled by law; and (c) Lender shall have the right to apply its portion of the condemnation proceeds in accordance with the terms of the Security Instrument (or other applicable loan documents) and shall be entitled at its option to participate in any compromise, settlement or adjustment with respect to the Property. 32.9. New Direct Lease. If the Lease is canceled or terminated for any reason (except in connection with bankruptcy proceedings, for which the provisions of Section 32.10 are hereby agreed upon by City and Developer), City hereby agrees that City shall, upon Lender's written election, promptly enter in a new, direct lease with Lender or its nominee or any other party which Lender may designate, including without limitation, Developer, with respect to the Property for the remainder of any portion of the unexpired Lease term, on the same terms and conditions as the Lease, it being the intention of the parties to preserve the Lease and leasehold estate created by the Lease for the benefit of Lender without interruption. Said new lease shall be superior to all rights, liens and interests intervening between the date of the Lease and the granting of the new lease and shall be free of any and all rights of Developer under the Lease. If Lender designates Developer to enter into a new direct lease in accordance with the terms of this Section 32.9 Developer and City acknowledge and agree that Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) shall have the right to encumber such new direct lease and the leasehold estate created thereby with a leasehold mortgage or deed of trust (as the case may be) on the same terms and with the same lien priority as the Security Instrument, it being the intention of the parties to preserve the priority of the Security Instrument, the Lease and the leasehold estate created by the Lease for the benefit of Lender without 7 010808.0000003 EMF US 88662969v6 interruption. If the Lease is rejected, cancelled or terminated for any reason and Lender, its nominee or a designee of Lender enters into a direct lease with City with respect to the Property, City hereby agrees that it will execute such documents as Lender may require in order to ensure that the new direct lease provides for customary leasehold mortgagee protections, including without limitation,protections similar to those contained herein. 32.10. Bankruptcy. In the event of any proceeding by either City or Developer under the United States Bankruptcy Code (Title 11 U.S.C.) as now or hereafter in effect: (a) If this Lease is rejected in connection with a bankruptcy proceeding by Developer or a trustee in bankruptcy (or other party to such proceeding) for Developer, such rejection shall be deemed an assignment by Developer to the Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) of the Property and all of Developer's interest under this Lease, and this Lease shall not terminate and the Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) shall have all rights of the Developer as if such bankruptcy proceeding had not occurred, unless Lender shall reject such deemed assignment by notice in writing to City within thirty (30) days following rejection of this Lease by Developer or Developer's trustee in bankruptcy. If any court of competent jurisdiction shall determine that this Lease shall have been terminated notwithstanding the terms of the preceding sentence as a result of rejection by Developer or the trustee in connection with any such proceeding, the rights of Lender to a New Lease from City pursuant to Section 32.9 hereof shall not be affected thereby. (b) In the event of a proceeding against City under the Bankruptcy Code: (i) In the event the bankruptcy trustee, City (as debtor-in-possession) or any party to such proceeding seeks to reject the Lease pursuant to United States Bankruptcy Code §365(h)(1), Developer shall not have the right to treat this Lease as terminated except with the prior written consent of Lender and the right to treat this Lease as terminated in such event shall be deemed assigned to Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender), whether 8 010808.0000003 EMF US 88662969v6 or not specifically set forth in the Security Instrument, so that the concurrence in writing of Developer and the Lender (excluding any Mezzanine Lender, but only in its capacity as Mezzanine Lender) shall be required as a condition to treating this Lease as terminated in connection with such proceeding. (ii) Unless this Lease is treated as terminated in accordance with subsection 32.10(b)(O above, then this Lease shall continue in effect upon all the terms and conditions set forth herein, including rent, but excluding requirements that are not then applicable or pertinent to the remainder of the term of this Lease. Thereafter, Developer or its successors shall be entitled to any offsets against rent payable hereunder for any damages arising from such bankruptcy, to the extent Developer's operation of business has been materially interfered with, and any such offset properly made shall not be deemed a default under this Lease. The lien of the Security Instrument shall extend to the continuing possessory rights of Developer following such rejection with the same priority as it would have enjoyed had such rejection not taken place. 32.11 No Merger. There shall be no merger of the Lease or the leasehold estate created thereby with the fee interest in the Premises or any part thereof by reason of the same person acquiring or holding, directly or indirectly, the Lease or the leasehold estate created hereby or any interest in the Lease or the fee interest in the Premises." (d) Notwithstanding anything in the Lease to the contrary (including, without limitation, Section 31 of the Lease), City hereby acknowledges and agrees that a default or event of default under the Loan Documents shall not, in and of itself, give rise to or result in a default under the terms of the Lease (irrespective of whether Developer fails to cure the same). 3. Lender's Reliance on Representations. Lessor has executed this Agreement at the request of Lessee for the purpose of inducing Lender to make the Loan to Lessee and with full knowledge that Lender shall rely upon the representations, warranties, covenants and agreements herein contained when making the Loan to Lessee and that, but for this instrument and the representations, warranties, covenants and agreements herein contained, Lender would not take such actions. Lessor and Lessee each hereby acknowledge and agree that Lender is an intended third-party beneficiary of this Agreement and of all of the representations, warranties, covenants and agreements herein contained. 9 010808.0000003 EMF US 88662969v6 4. Notices. Effective as of the making of the Loan, notice hereunder shall be given to Lender and Lessee as follows: Lender: Citi Real Estate Funding Inc. Citigroup Global Markets Realty Corp. Citibank, N.A. 388-390 Greenwich Street, Trading Floor 4 New York, New York 10013 Attention: Ana Rosu Marmann Email: ana.rosu@citi.com UBS AG 1285 Avenue of the Americas, 13th Floor New York, New York 10019 Attention: Transaction Management Email: henry.chung@ubs.com Bank of America, N.A. c/o Capital Markets Servicing Group 900 West Trade Street, Suite 650 Mail Code: NC1-026-06-01 Charlotte, North Carolina 28255 Attention: Servicing Manager Email: steve.l.wasser@bofa.com Bank of Montreal c/o BMO Capital Markets Corp. 151 West 42nd Street New York, New York 10036 Attention: Mike Birajiclian Email: Michael.birajiclian@bmo.com Attention: Legal Department Email: BMOCMUSLegal@bmo.com 10 010808.0000003 EMF US 88662969v6 Morgan Stanley Bank, N.A. Morgan Stanley Mortgage Capital Holdings LLC 1585 Broadway, 25th Floor New York, New York 10036 Attention: John Maurer Email: John.Maurer@morganstanley.com BREF VI Holdings LLC, c/o Brookfield Real Estate Financial Partners LLC Brookfield Place 250 Vesey Street, 15th Floor New York, New York 10281 Attention: Laura Stepp Email: Laura.Stepp@brookfield.com with a copy to: Fried, Frank, Harris, Shriver& Jacobson LLP One New York Plaza New York, New York 10003 Attention: Michael Barker, Esq. Email Michael.Barker@friedfrank.com And to: Dechert LLP Cira Centre 2929 Arch Street Philadelphia, Pennsylvania 19104 Attention: David W. Forti, Esq. Email: David.Forti@dechert.com And to: Cleary Gottlieb Steen & Hamilton LLP One Liberty Plaza New York, New York 10006 Attention: Daniel C. Reynolds, Esq. Email: dreynolds@cgsh.com Lessee: MREIC Corpus Christi TX, LLC c/o Industrial Logistics Properties Trust c/o The RMR Group Two Newton Place 255 Washington Street, Suite 300 Newton, Massachusetts 02458 Attention: Jennifer B. Clark Email:jclark@rmrgroup.com Skadden, Arps, Slate, Meagher and Flom LLP 300 South Grand Avenue 11 010808.0000003 EMF US 88662969v6 Los Angeles, California 90071 Attention: Peter Mair, Esq. Email: peter.mair@skadden.com No notice to Lessee under the Lease shall have any force or effect whatsoever unless and until such copies are delivered to Lender as provided in this Paragraph 4. This Agreement shall constitute notice to Aviation Director of the name and address of Leasehold Mortgagee pursuant to Section 31(M)(5)(C) of the Lease. 5. Amendment/Waiver. Effective as of the making of the Loan, (A) this Agreement shall be deemed to be an amendment to the Lease for all purposes and, to the extent that there are any conflicts between the terms of this Agreement and the Lease, the terms of this Agreement shall control, and the Lease shall be deemed amended hereby, and (B) Lender may, without affecting the validity of this Agreement, extend the time for payment of this Loan or alter the terms and conditions of any agreement between Lessee and Lender, including, but not limited to, the Note and the Security Instrument, without the consent of, or notice to, Lessor and without in any manner impairing or otherwise affecting Lender's rights under this Agreement, the Security Instrument or the Lease. 6. Miscellaneous. This Agreement shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State in which the Property is located (without giving effect to such state's principles of conflicts of law). This Agreement shall be binding upon Lessor and Lessee, and each of their respective successors and assigns, and shall inure to the benefit of Lender, Lessor and Lessee, and each of their respective successors and assigns. This Agreement shall not be amended, modified, canceled or terminated (and Lessee shall not waive or release any right hereunder) without Lender's prior written consent. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same original. At Lender's option, a memorandum of this Agreement shall be recorded in the public land records of the jurisdiction in which the Property is located. The rights of Lender hereunder are in addition to the rights of Lender granted in the Security Instrument, the Pledge and/or the Lease and shall not (except as expressly modified in this Agreement) be in derogation thereof. All agreements and covenants contained herein are severable, and if any one of them is held to be invalid, then this Agreement shall be interpreted as if such invalid provisions was not contained herein. To the extent terms in this Agreement conflict with the terms of the Lease, the terms of this Agreement shall control. No consent or approval of any third party is required in order for Lessor to deliver this Agreement and to perform fully its obligations hereunder. [SIGNATURES BEGIN ON FOLLOWING PAGE] 12 010808.0000003 EMF US 88662969v6 [THIS DOCUMENT SHALL BE EXECUTED IN QUADRUPLICATE.] IN WITNESS WHEREOF, the parties hereto have caused this Ground Lease Estoppel and Amendment to be duly executed and delivered as of the day and year first written above. LESSOR: CITY OF CORPUS CHRISTI By: Name: Title: STATE OF TEXAS ) ss.: COUNTY OF NUECES ) This instrument was acknowledged before me on the day of February, 2022, by , of City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. [SEAL] Notary Public in and for the State of Texas My Commission Expires: Print name of Notary Public [SIGNATURES CONTINUE ON FOLLOWING PAGE] 13 010808.0000003 EMF US 88662969v6 LESSEE: MREIC CORPUS CHRISTI TX, LLC t Name: Michael D. Prashad Title: General Counsel & Corporate Secretary STATE OF NEW JERSEY ) )ss.. COUNTY OF MONMOUTH) This instrument was acknowledged before me on the 8th day of February 2022, by Michael D. Prashad, General Counsel and Corporate Secretary of Monmouth Real Estate Investment Corporation, a Maryland corporation, on behalf of said corporation, which corporation is the general managing member of and acknowledged this instrument on behalf of MREIC Corpus Christi TX, LLC, a Texas limited liability Company. [SEAL] Notary Pu is in and for the State of New Jersey CA,,)5TY, ( . blas My Commission Expires: � S Print name of Notary Public CRYSTAL.A.GLAIS NWARYPUBWOFNEWMW My Comrdss>m Exom 9f01Z025 010808.0000003 EMF-US 88662969v2 Exhibit A Survey A-1 010808.0000003 EMF US 88662969v6 . .... ..... Ar aA .V N _oU 2 -om 41 X4 IC . ... ... 2, -ME-K-N-�- 0 Upt Exhibit B Ground Lease B-1 010808.0000003 EMF US 88662969v6 Ground Lease At Corpus Christi International Airport Between City of Corpus Christi And Corpus Christi FXG, L.L.G. 1 GROUND LEASE This ground lease (the "Lease") is made effective on the lafter of the dates on which the parties did execute this Lease, by and between the City of Corpus Christi as lessor ("City") and Corpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C., as lessee ("Developer"). WITNESSETH: WHEREAS, the City owns the Corpus Christi International Airport ("Airport"), located in Nueces County, State of Texas; WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director"); WHEREAS, Developer is organized and existing under the laws of the State of Missouri and is authorized to transact business in the State of Texas; WHEREAS, the parties hereto wish to enter into this Lease for land on which Developer shall construct a distribution facility and related improvements, including vehicle parking areas, for the purpose of operating a package collection and distribution business ("Project") to be leased and operated by FedEx Ground Package System, Inc. (the "Sublessee"); NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: AGREEMENT: 1. Premises: City hereby leases to the Developer the land located and more particularly described in the attached and incorporated Exhibit A ("Premises"). The Premises includes approximately three hundred fifty six thousand three hundred twenty (356,320) square feet of land, together with any existing easements. 2. Term: This Lease shall be for a base term of thirty (30) years commencing on the sixty-first (61s) day following final approval by the City's City Council. Rent will be abated for the period beginning on the commencement date until the date of beneficial occupancy as determined by the issuance of a certificate of occupancy by the City ("Certificate of Occupancy") or September 1, 2011, whichever is earlier. 3. Option: Developer will be granted two (2) ten (10) year options on the Premises at the then fair market rental rate subject to approval of the Federal Aviation Administration ("FAA") and other terms as set out hereinafter. 4. Contingency: This Lease shall be subject to cancellation if the Developer and Sublessee do not execute a build to suit sublease agreement on or before October 1, 2010. 5. Improvements: Developer shall provide the City with "as built" drawings of all new construction ("Improvements") to assist in future rent calculations. 6. Incentives: Upon the issuance of a Certificate of Occupancy for the Project, the Developer will be granted by the City a payment of Fifty Thousand Dollars ($50,000) as an economic development incentive, to offset the costs of developing the Premises and completing the Project at the Airport. The $50,000 payment shall be paid within thirty days after the receipt of the Certificate of Occupancy. 2 7. Rent: Rent is due and payable on the first day of each calendar month of the Lease Term. Rent will be assessed for the gross square footage of the Premises and paid on an annual basis to the Airport at the address shown in Section 30 of this Lease. The rent for the period from the effective date of this Lease until September 1, 2011, or the date of beneficial occupancy, whichever is earlier, will be zero dollars ($0.00). For the period from September 1, 2011 or the date of beneficial occupancy, whichever is earlier, until August 31, 2016, the rent will be nine cents ($0.09) per square foot per annum. Effective on and after September 1, 2016, rent will be adjusted every five (5) years based on a fair market appraisal with a cap of a 3% increase over the preceding five (5) year period, The City reserves the right to adjust the rent in accordance with its adopted policy for the Airport or FAA requirements subject to the 3% cap. For purposes of determining the fair market value by appraisal, the Airport will submit the names of three (3) appraisers that may be considered and the parties will jointly select one to perform the appraisal. The recommendations of the selected appraiser will be final. 8. Agent: The City Manager appoints the Director of Aviation or his designee ("Aviation Director') as agent to receive all rent, notices and reports under this Lease. 9. Use of Premises: Developer shall use the Premises for the purposes to develop, construct, and operate the Project stated above and for no other purpose without the express prior written consent of Aviation Director. The Improvements on the Premises shall be used as a sort and distribution warehouse. 10. Parking: The Premises may be used for parking the facility's business-related automobiles, trucks, vans, trailers and similar vehicles without the payment of any additional fees to City; provided, however, that Developer shall comply fully with all of Airport's rules and regulations for parking and vehicle usage at the Premises and shall require the Sublessee and all other sublessees to do so. 11. Signs: Developer may install City ordinance compliant signs or other corporate identification of the business on the Premises at its sole cost; provided, however, that the Developer has obtained Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification, which consent shall not be unreasonably withheld or delayed. 12. Right to Amend: If the FAA or its successor agency requires modifications or changes in this Lease as a condition precedent to granting funds for Airport improvements, Developer agrees to consent to the amendments, modifications, or changes of this Lease as may be reasonably required to obtain the funds; provided, however, Developer will not be required to pay increased rent or change the use of the Premises or accept a relocation or reduction in size of the Premises until Developer and Airport have fully executed an amendment to this Lease that is mutually satisfactory to all parties for any terms or conditions of this Lease affected by said actions. 13. Subordination to U.S.A./FAA Requirements: This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 13 or under Section 12 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the commercial value of the Premises, then Airport must, at Airport's expense, provide Developer, at no cost to Developer or its Sublessee, with land and facilities substantially similar to the Premises and the Improvements constructed by Developer on the Premises for the remainder of the Lease term, as it may have been extended from time to time. 3 14. Development of Improvements: All plans and specifications for Developer's Improvements and all renovations, remodeling, refurbishing and construction upon the Premises must meet all City fire, building and other applicable City, state and federal regulations and code requirements, including obtaining required building permits. Upon final completion and acceptance of the Improvements by Developer, Developer must provide two sets of Mylar as-built plans and one electronic copy of the record documents to Aviation Director, who will keep one set of plans on file at the Aviation Director's office in the terminal and provide the other set to the City Secretary for incorporation into this Lease as a supplement to Exhibit A. The supplemented Exhibit A becomes effective upon filing with the City Secretary and subsequent attachment to this Lease. Developer must keep said as-built documents current by providing two sets of Mylar "as- built" plans and one electronic copy of all record documents showing any alteration in excess of $15,000 to the Premises during the term of this Lease to Aviation Director, which plans are to be attached to this Lease as a supplement in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by Aviation Director without further written approval by Aviation Director. The Developer will be responsible for arranging and paying for, at its sole cost, all utility connections to the Premises. Utility usage will be billed directly to the Developer and paid for by the Developer unless and until Developer has delegated the responsibility for utility payments to Sublessee. The Airport has reviewed and approves the Developer's submitted preliminary plans for development and construction of the Improvements on the Premises. Said preliminary plans are subject to final submission and permit review by the City. It is the intent of the Airport not to require additional improvements other than those represented in the February 12, 2010, alternative site plans. Said plans remain subject to final review by the City in the standard permitting process. The Developer will coordinate design and construction of the Improvements with the Airport and Aviation Director. Developer will be required to adhere to all landscaping requirements as required by the City. Developer shall be responsible for causing the Premises to be maintained and kept in good order and condition during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. Because the Premises are located on Airport property, no property taxes will be assessed against the Premises unless the law is changed and real estate taxes are extended tithe Premises. Notwithstanding the foregoing, the Developer shall be responsible for the payment of any and all taxes assessed against the Improvements. During development, Developer will coordinate all construction traffic with the Airport so as to not inhibit regular Airport traffic and to keep roadways safe and clean. The Airport has no objection to the use of double trailer arrangements on Airport property subject to the requirements of the U-S. A. and the Texas Department of Transportation. The Airport will cooperate with the Developer for any roadway or access improvements required to enhance traffic to the Premises. Any costs of modifications will be the sole responsibility of the Developer. 4 The Developer will enter into a construction contract with a reputable contractor and the Airport reserves the right to approve the contractor, which approval shall not be unreasonably withheld, conditioned or delayed. All construction parking and staging will occur on the Premises unless agreed to by the Airport in writing. Developer, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Premises. The costs of developing all plans and specifications as provided herein and the construction of Improvements and facilities upon the Premises shall be paid solely by the Developer, without any cost or expense to City whatsoever. The City will waive up to Fifteen Thousand Dollars ($15,000) of applicable City permit fees for the Premises subject to final approval of the Lease by the City Council. The Airport will cooperate with the Developer to obtain alternative financing for any aspects of the development. Upon termination of this Lease, ownership of the Improvements constructed by Developer on the Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Premises or the Improvements thereon. During the construction of the Improvements, the Aviation Director may, after providing reasonable notice to Developer, enter upon the Premises during the Airport's normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease. During this Lease, Developer shall, subject to the other terms and conditions of this Lease, have the continuing right to remodel, renovate and refurbish the Premises and Improvements, or any part thereof, and to build and construct new additions and Improvements thereon and thereto; provided, however, that changes costing more than one hundred thousand dollars ($100,000) shall require the prior written consent of Aviation Director, whose consent to the modifications will not be unreasonably withheld, conditioned or delayed. The City will promptly approve in writing all plans and design related change orders through completion of the Project. The Airport will pursue, in conjunction with the Developer, any and all available grant funding which might be available for authorized use to construct the Improvements on the Premises under the Project; and all grant funds received will be credited in full to the Developer. Developer shall not allow a lien to attach to the Premises or Developer's leasehold interest without the prior written approval of City Manager. Notwithstanding City Manager's approval, the City's fee simple interest in the surface estate burdened by Developer's leasehold estate must be exempt from said lien. Any lien of a lender shall contain the following language, or such other similar language as may be approved by City Attorney: "Lender agrees that the lien created by this instrument is effective only as to Developer's leasehold estate created by the Lease, dated , 2010, executed by the City of Corpus Christi, as City, and Corpus Christi Development I, L.L.C.,, doing business as Corpus Christi FXG, L.L.C., as Developer, and does not affect City's interest, being the fee simple estate burdened by Developer's leasehold estate." In the event of any foreclosure by any lender, financing agency, or guarantor of its lien or liens on the Improvements constructed by Developer located on the Premises, said lender, financing agency, or guarantor succeeds hereunder to all rights, privileges, and duties of Developer, including without limitation paying rent, as if said lender, financing agency, or guarantor was originally named Developer herein, and said lender, financing agency, or guarantor will have a reasonable time after the date of foreclosure [not less than three hundred sixty (360) days] to 5 sublease any available Improvements to those parties that are pre-approved by Aviation Director in writing. Developer covenants that all construction, including all workmanship and materials, will be of first-class quality. As used herein, the term "first-class quality" means of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. After completing construction of Improvements on the Premises, Developer must certify to Aviation Director that the improvements were completed according to the approved plans and specifications and that Developer has complied with all applicable federal, state, and local laws, rules, ordinances, and regulations. Prior to Developer's delivery of possession to the Sublessee, a copy of the Certificate of Occupancy must be provided to the Aviation Director. Developer must include in all construction contracts entered into a provision requiring the contractor, or in the alternative, Developer, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. Developer must furnish or, in the alternative, require the contractor to furnish, insurance as required in Section 29 herein. 15. Repair and Maintenance: Developer, at its own expense, shall make, or cause to be made, any and all repairs and replacements necessary to keep the Premises and Improvements in a first-class condition and in safe repair and shall make any and all repairs and replacements necessary to remedy defects of a structural nature. Developer shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and Improvements in a clean, attractive and sanitary condition at all times. The landscaping must be well-maintained and kept in a neat and tidy condition. Developer shall repair any and all damage caused to real and personal property of City occurring on the Premises, including damage caused to the Improvements, or elsewhere on the Airport property as a result of the willful or negligent acts or omissions of Developer its officers, employees, contractors or agents. 16. Security: Developer its officers, employees, agents, contractors, and invitees must comply with all federal and local security regulations adopted by City pursuant to 14 CFR Part 107, as the same may be amended. Developer covenants to indemnify and hold harmless City, its officers and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Developer its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge or penalty is levied against the City or the Developer. 17. CFR Part 77 Requirements: Developer covenants to comply with the notification and review requirements set out in Part 77 of the Federal Aviation Regulations [14 CFR Part 77], as amended, if Developer plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed as an Improvement. 18. Control of Structures: Developer shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and Airport as a height limitation on said structure, antenna, building, or object. Airport may enter the Premises and 6 remove the encroaching structure, antenna, building, or object at Developer's expense plus an administrative charge of 15%. 19. Aerial Approaches: Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Developer from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 20. Hazardous Substances: Developer shall comply, and shall require any sublessee to comply, with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and Improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Developer must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Premises without Aviation Directors prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. If Developer determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous or regulated substance, has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property thereon, Developer must notify immediately by oral report in person or by telephone, to be promptly confirmed in writing, to the Aviation Director as required by law or regulation. Developer shall require any Sublessee to cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment, including, without limitation, a release or threat of release of hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Developer shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance on the Premises. Developer will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance was accidentally discharged and have that MSDS sheet available for the first responders to the Premises. Developer will cause prompt remediation and the payment of all costs associated with any action or inaction of Developer that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the earlier expiration or termination of this Lease. 21. Nondiscrimination/Affirmative Action: A. Nondiscrimination — General- Developer for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the 7 Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Developer will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFI( Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination - Business Owner - This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. Developer for itself, and as a requirement for any sublessee, agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach - if the Developer is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action - Developer shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Developer shall provide similar assurances to Developer to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Developer ,at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises and its Improvements. 22. Compliance with Laws: A. General - Developer covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under Section 23 of the Lease. During any period of Developer's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Developer's inaction shall not be deemed a breach of this Lease. B. Federal - Developer shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations, including without limitation the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to the uses and operations at the Premises. C. Disadvantaged Business Enterprises ("DBE") - Developer acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises (DBE), as said regulations may be amended, and such other similar regulations as may be enacted, may be applicable to the activities of Developer and any sublessee under the terms of this Lease, unless exempted by said regulations, and Developer hereby agrees to comply with the FAA and the U.S. Department of Transportation in reference thereto. Developer understands and agrees to the following assurances: It is City's policy that DBEs have the maximum practicable opportunity to be awarded contracts. Developer agrees to use good faith efforts to promote this policy through its Lease of the Premises. Additionally, Developer, as an equal opportunity employer, agrees to use good faith efforts to provide maximum opportunity for the consideration and use of DBEs in the contracting, subcontracting and purchasing activities associated with this Lease and to abide by all applicable provisions of the Airport's approved, and it's approved updates to, the DBE Program and this Lease. Developer agrees and shall require any sublessee to agree that no person will be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any contract because of race, color, religion, national origin, sex, age, handicap, or paliti al belief or affiliation, and as more specifically provided in Section 21 hereof. See Exhibit B� Ve'd hereto and incorporated herein setting out Developer's program in support of the Airport's DBE programs r',c Ic> the �C'�t� c� C€t3 t i fist• D. State - Developer shall comply with all applicable laws, rules, and regulations of the State of Texas. E. Local - Developer shall comply with all applicable City ordinances, and rules and regulations promulgated by Aviation Director. 23. Termination: A. Termination By Developer - Without limiting any other rights and remedies to which Developer may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Developer at any time after the happening, and during the existence, of one or more of the following events: 1. The City's permanent abandonment of the Premises at the Airport; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts any sublessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 150 days; or 4. The default by the City in the performance of any covenant or obligation on the part of the City to be performed, and the failure of the City to remedy the default for 00 days after receipt from Developer of written notice to remedy the same. B. Termination by City - Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Developer: 1. is in arrears in paying the rent, fees, or other charges due under this Lease for ten (10) business days ("business" days are Monday through Friday inclusive) after written notice, or such other time as may be provided herein (provided City has given written notice of such arrearages to Sublessee and has provided Sublessee with at least ten (10) business days to pay or cause to be paid those arrearages); 9 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises ["abandon" shall mean failing to operate a business In the Improvements to the Premises for a period in excess on one (1) year]; 4. Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for thirty (30) days, or such other time as may be provided herein, after receipt of written notice from Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Developer shall be deemed to have cured the default if it commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion. C. City's Right to Entry Upon Termination - If City terminates this Lease or if Developer abandons the Premises, the City may enter upon the Premises. In the event of termination by the City, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Developer. All property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City but is in addition thereto. In the case of default, if Developer fails to remove any of its property on the Premises within thirty (30) days following the written notice of default, Aviation Director may sell the property found on the Premises at a public or private safe with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Developer, with the surplus, if any, to be mailed to Developer at the address herein designated. Developer further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any loss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. D. Notice of Termination - If an event of material default occurs, and after due written notice identifying the default the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than thirty (30) business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This subsection is subject to the requirements set out in subsection C of this section. E. Partial Destruction - If the Premises or Developer's Improvements are partially damaged due to acts of God or other acts outside the control of the Developer or City, to the extent that Sublessee cannot use the Premises for its intended use, then, at Developers option, this Lease may be terminated or instead may be suspended until the damage is repaired. If the Lease is suspended, Developer and City will mutually agree on a time period for Developer to repair the damages to the Premises or Improvements. If the Lease is terminated, as provided for herein, the rent will be abated from the date of the casualty; provided, however, that Developer must use its insurance proceeds to either replace the Improvements or remove all trace of the Improvements and return the Premises to a state of raw land. All remaining insurance proceeds will be paid to Developer. The City Manager of the City is the sole judge of the extent of damage to the Airport. 10 F. Notice to Sublessee - Notwithstanding anything herein to the contrary, if Developer is in default of any term, provision, covenant or condition of this Lease, City shall give written notice to Sublessee at the address set forth in Section 30; and Sublessee shall have a time to cure the default, or cause the default to be cured, equal to the time provided to Developer under this Lease. The time for Sublessee's opportunity to cure shall be computed from the day it actually received notice from the City of Developer's default. If the City is in default of any term, provision, covenant or condition of this Lease, Developer shall give written notice to Sublessee at the address set forth in Section 30. 24. Property Rights upon Expiration or Termination: A. Removal of Equipment - Upon the expiration or earlier termination of this Lease, City shall, by written notice to any sublessee, permit the sublessee to remove all removable furniture, fixtures and equipment installed by the sublessee so long as it removes same within the time period set forth in the notice, but in no event less than thirty (30) calendar days after termination or expiration of the Lease. The City may require any damage to the Premises caused by any sublessee's removal of its property to be repaired at the Developer's expense within fifteen (15) business days after termination or expiration of the Lease Such repairs must be made to the reasonable satisfaction of Aviation Director. Any fuel storage facilities installed must be removed prior to vacating the Premises, regardless of circumstances. Notwithstanding the foregoing, if any sublessee fails to remove its removable furniture, fixtures and equipment within thirty (30) days after the date determined in the notice, then Aviation Director may, at its option, take title to the said personality and sell store or salvage the same, as permitted by law. Any net expense Aviation Director incurs on behalf of City in disposing of the any sublessee's personal property shall be billed to that sublessee directly by the Aviation Director. The Aviation Director will provide any sublessee with a written itemized breakdown of the costs recaptured, if any, by the sale, storage or salvage of the property, and the balance due, which is expected to be paid by the sublessee upon receipt of said itemized breakdown. B. New Lease - Do Not Remove Equipment - If City and Developer negotiate a new Lease after the expiration of this Lease, there shall be no requirement to remove its furniture, fixtures and equipment from the Premises. C. Improvements Revert to City - Except for the right of any sublessee to remove personal property (subject to Sections 23 and 24) at the expiration of the Lease, all permanent Improvements placed or constructed on the Premises by Developer revert to City. D. Holdover - Any holding over by Developer of the Premises after the expiration or other earlier termination of this Lease shall be on a month-to-month tenancy at sufferance, at the then current monthly rent and subject to surrender upon thirty (30) days' prior written notice. Failure to timely surrender the Premises following such written notice subjects Developer to a monthly holdover fee of the then current monthly rent for each month of delay. 25. Re-delivery of Premises: Upon the expiration or earlier termination of this Lease, Developer shall deliver the Premises to City peaceably, quietly and in as good condition as the same now are or may be hereafter improved by Developer or City, normal use and wear thereof excepted. In addition to a landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Developer on the Premises as security for nonpayment of rent. 26. Developer's Maintenance Obligations. A. Premises - Developer shall maintain the Premises and Improvements in good appearance and repair and in a safe condition at its expense. Developer shall maintain, repair, replace, paint, or otherwise finish all leasehold Improvements on the Premises (including, without 11 limitation, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). All of the maintenance, repairs, finishing and replacements must be of quality at least equal to the original in materials and workmanship. Developer shall, as much as practicable, ensure that the Premises are maintained free of foreign object debris. B. Quality of Maintenance - It is the intent of Aviation Director and Developer that the Improvements will be maintained in a manner that shall keep the Improvements intact, in good repair, and in a condition so that said Improvements will be usable at the end of the Lease. Developer must comply with the maintenance obligations and with all-applicable governmental laws, rules, or regulations. Aviation Director is the sole judge of the quality of Developer's maintenance, which must be reasonable and consistent with other properties. Aviation Director may at any time, during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to determine if the maintenance requirements of this Lease are being complied with. Aviation Director must notify Developer in writing of any default_ If the required maintenance in Aviation Director's notice to Developer is not commenced within fifteen (15) business days after receipt of such written notice, or is not diligently prosecuted to completion, Aviation Director may enter upon the Premises and perform the subject maintenance, and Developer agrees to reimburse the Airport for its cost plus a fifteen percent (15%) administrative fee within thirty (30) days after Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. C. Correct Hazards - Developer must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from Aviation Director. At Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. 27. City's Obligations: A. To operate the Corpus Christi International Airport as a public airport during the Lease term, subject to the assurances given by City to the United States Government. B. To make water, gas and wastewater service available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Developer must pay in full all utility usage charges for water, gas, wastewater, electricity and other utilities supplied to the Premises during the Lease term as the charges become due and payable, 28. Indemnification: A. General — Developer must indemnify, hold harmless, defend and insure the City, its officers, agents, and employees from and against any and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation and/or administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, agents, or employees arising directly or indirectly from or in any way connected with (i) any property damaged or loss, personal injury, including death, or adverse effect on the environment arising out of Developer's action or inaction with regard to the operations of Developer hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only that liability as may result from the gross negligence or the willful misconduct of the City, including its officers, agents, and employees; (ii) the failure of Developer, its officers, agents or employees, to comply with the terms and 12 conditions of this Lease, or to comply with any applicable federal, state, or local laws, rules, regulations, or orders including, but not limited to, any and all applicable federal, state, or local environmental laws, rules, regulations, or orders; or (Iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with the operations or the action or inaction of the Developer its officers, agents or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this paragraph shall survive the expiration or earlier termination of this Lease. B. Special Claims - Developer agrees to defend, at its own cost, and to protect, indemnify, and otherwise hold harmless, the City, including its officers, agents, and employees (including but not restricted to the posting of bond and release of attachment) from and against any and all claims in any way arising out of or in connection with the construction, repair, or maintenance work undertaken hereunder by, through or on behalf of Developer, including but not restricted to attachments, liens or levies, and whether or not the claim is meritorious, made, failed or asserted by any party other than Developer or Sublessee against the City, including its officers, agents, and employees or the Premises or Improvements thereon or part thereof, or monies owing to the Airport. C. Notice - Notwithstanding the above identifications, Developer must give Aviation Director notice of any matter covered hereby and forward to Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within ten (10) working days of Developer's receipt of said notice, demand, summons, or other process. D. Intentionally omitted. 29. Insurance: Developer must provide insurance in the amounts and types of coverages required by the City's Risk Manager ("Risk Manager"), a copy of which is attached and incorporated as Exhibit C. Developer must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager thirty (30) days prior to the annual anniversary date of the effective date of the Lease, which shows the level and type of insurance. The issuer of the certificate of insurance must provide Aviation Director thirty (30) days written notice, by certified mail, prior to cancellation, non-renewal, or material change in the insurance policy(ies). Risk Manager will annually assess the level and types of insurance required by the Lease. Risk Manager can reasonably increase or decrease the level or types of insurance by giving Developer notice no less than sixty (60) days prior to the annual anniversary date of the effective date of the Lease. Developer shall have thirty (30) days to procure the changed insurance and provide written proof of insurance to Aviation Director. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Developer may carry. All policies must name City as an additional insured. The applicable insurance policies required by this Lease must apply separately to City as if separate policies had been issued to Developer and City. The amounts of all required insurance policies must not be deemed a limitation of Developer's covenant to indemnify City and, if Developer or City becomes liable in an amount in excess of the amount(s) of said policies, then Developer must indemnify City from the whole 13 thereof, except in the event of grossly negligent or willful misconduct on the part of City, its officers, or employees. 30. Notice. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or by facsimile followed by written notice confirmed by mail or other delivery service, as addressed below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Office: (361) 289-0171 Fax: (361) 289-1251 If to Developer: Corpus Christi Developments I, L.L.C. doing business as Corpus Christi FXG, L.L.C. 4520 Madison, Suite 100 Kansas City, Missouri 64111 Office: (816) 389-5700 Fax: (816) 389-5701 Any notice re uired to be given to Sublessee: FedEx Ground Package System, Inc. 1000 FedEx Drive Moon Township, PA 15108 Attention: Real Estate Department— Facility#784 Office: (412) 269-1000 Fax: (412) 859-2655 Or to any other address that may be designated in writing from time to time by the parties. 31. GENERAL PROVISIONS: A. Mineral Rights - City expressly reserves all water, gas, oil and mineral rights in and under the soil beneath the Premises in which it holds an interest, but testing for and/or removal of any such City-owned gas, oil, or minerals shall be done in a manner so as not to disturb the Premises or disrupt the operation of the business being conducted thereon. B. No Waiver of Forfeiture - Any failure or neglect of City or Developer at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Developers right thereafter to declare a forfeiture for like or other or succeeding breach or default. C. Force Majeure - Neither City nor Developer will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and/or periods of rain or snow, inability to obtain labor or materials, or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a 14 period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Developer pursuant to this Lease and the obligation of City to deliver the Premises. D. Quiet Enjoyment - City covenants that it has the authority to execute this Lease, that at commencement of the Lease, City has good title to the Premises and that throughout the term hereof, Developer will have peaceful and uninterrupted possession of the Premises subject to Developer's payment of rent and other charges and to its performance of the covenants of this Lease. City agrees to remedy any violation of quiet enjoyment caused by City or one of the other tenants and to honor Developer's tenancy for the term of the Lease. E. Rules and Regulations - Aviation Director may adopt and enforce reasonable rules and regulations to be uniformly applied to similar uses and users of similar space, which Developer agrees to observe and obey with respect to the use of the Premises and the health, safety and welfare of those using the Premises. F. Venue -Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. G. Successors and Assigns - Subject to the limitations upon assignment and transfer herein contained, this Lease binds and inures to the benefit of the parties hereto, and their respective successors and assigns. H. No Third Party Benefit - No provision of this Lease creates a third party claim against the City or the Developer beyond that which may legally exist in the absence of any such provision. I. Taxes and Licenses - Developer must cause to be paid any and all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises, leasehold Improvements, or operations hereunder and upon Developer's rights to use the Premises, whether the taxes are assessed against Developer or City, prior to the past due date. Developer shall cause to be paid any and all sales taxes arising in connection with the occupancy or use of the Premises whether the taxes are assessed against the Developer, any sublessee or City. Developer must obtain and pay for all licenses or permits necessary or required by law for the construction of Improvements and must require any sublessee to obtain and pay for all licenses and permits necessary or required by law for the installation of equipment and furnishings and any other licenses necessary for the conduct of its operations hereunder. If Developer wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Developer diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Further, Developer shall cause any taxes not being contested to be paid prior to the past due date. J. Trash and Refuse - Developer must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable sealed fireproof receptacles approved by Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit piling of boxes, barrels or other similar items in or within view from a public area; must comply with all applicable laws and regulations relative to trash disposal; and must pay or cause to be paid the costs associated with trash removal and disposal. K. Terms Binding on Successors and Assigns - All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of Developer and City. 15 L. Estoppel - Both parties agree that, at any time and from time to time at reasonable intervals, within fifteen (15) business days after written request by the other party, said receiving party will execute, acknowledge and deliver to the party designated by the requesting party, a certificate in a form as may from time to time be provided, certifying to the extent true and correct the following, as well as any other provision reasonably requested by the other party: (a) that Developer's Sublessee has entered into occupancy of the Premises and the date of said entry if requested; (b) that this Lease is in full force and effect, and has not been assigned, modified, supplemented or amended in any way (or if there has been any assignment, modification, supplement or amendment, identifying the same); (c) that this Lease represents the entire agreement between City and Developer as to the subject matter hereof (or if there has been any assignment, modification, supplement or amendment, identifying the same); (d) the date of commencement and expiration of the term; (e) that all conditions under this Lease to be performed by City, if any, have been satisfied (and if not, what conditions remain unperformed); (f) that, to the knowledge of the signor of said writing, no default exists in the performance or observance of any covenant or condition in this Lease and there are no then-existing defense or offsets against the enforcement of this Lease by City or, instead, specifying each default, defense or offset of which the signor may have knowledge; and (g) the amount of rent or other charges, if any, that has been paid in advance and the amount of security, if any, that has been deposited with City. M. Leasehold Mortgage - As used herein, "Leasehold Mortgage" means the mortgage or deed of trust covering Developer's leasehold interest in this Lease given by Developer to leasehold mortgagee to secure repayment of funds advanced or to be advanced by a leasehold mortgagee to Developer to construct facilities on the Premises (the "Project"). As used herein, "Leasehold Mortgagee" means the mortgagee or beneficiary under the Leasehold Mortgage. As used herein, mortgage" means any mortgage, deed of trust or other indenture consisting of a lien on Developer's leasehold interest created hereunder, together with a promissory note or obligation or bond which it secures. Subject to the conditions set forth herein, Developer may mortgage its leasehold interest created hereunder, solely for the purpose of (1) obtaining financing to construct the Project, including any additional construction or alteration thereof, made subsequent to the initial construction, (2) refinancing said construction mortgage, and (3) providing financing in connection with the assignment or transfer by Developer of its interest in this Lease and its leasehold interest created hereunder; provided, however, that with respect to the financing described in clauses (2) and (3) above, the principal amount of any mortgage must not be greater than the original principal amount of the mortgage obtained to construct the Project, including any additional construction or alteration thereof, made subsequent to the initial construction, and as provided: 1. Said mortgage in no way affects or diminishes City's interest in the Premises, or its rights under this Lease, nor relieves Developer of any of its obligations hereunder; 2. Under no circumstances is City's leasehold interest in the Premises subordinate to said mortgage; 3. Said mortgage covers no interests in any real property other than Developers leasehold interest in the Premises hereunder; and 4. The making of said mortgage by Developer will not be deemed to constitute an assignment or transfer of this Lease, nor will any mortgagee be deemed an assignee or transferee of this Lease. 5. Rights of Leasehold Mortgagees: a. No Leasehold Mortgage is binding upon City in the enforcement of 16 its rights and remedies under this Lease unless and until a copy thereof has been delivered to Aviation Director; b. City Manager agrees to execute an estoppel certificate and any other similar documentation as may reasonably be required by Leasehold Mortgagee so as to certify to the status of this Lease and to the performance of Developer hereunder as of the date of said certification; C. Developer shall furnish Aviation Director a written notice setting forth the name and address of any Leasehold Mortgagee; and d. If a Leasehold Mortgagee or purchaser at foreclosure of the mortgage acquires Developer's leasehold interest in the Premises by virtue of the default of Developer under the mortgage or otherwise, this Lease will continue in full force and effect so long as Leasehold Mortgagee or purchaser at foreclosure is not in default hereunder, including the obligation to timely pay rent. For the period of time during which Leasehold Mortgagee or any purchaser at foreclosure of a mortgage holds Developer's leasehold interest in the Premises, Leasehold Mortgagee or said purchaser becomes liable and fully bound by the provisions of this Lease. 6. With respect to any Leasehold Mortgagee of the Premises, City agrees that the following apply: a. If requested by a Leasehold Mortgagee, who is duly registered in writing with Aviation Director, any notice from City affecting the Premises must be simultaneously delivered to Developer and said Leasehold Mortgagee at its registered address, and if so registered, no notice of default or termination of this Lease affecting the Premises given by City shall be deemed legally effective until and unless like notice has been given by Aviation Director to said Leasehold Mortgagee; b. Any Leasehold Mortgagee entitled to said notice shall have any and all rights of Developer with respect to the curing of any default hereunder by Developer; and C. City will not enter into any material modification of this Lease affecting the Premises without the prior written consent thereto of each Leasehold Mortgagee entitled to notice as provided in this Section 31. The foregoing does not apply nor may it be construed to apply to any right City may have to terminate this Lease pursuant to its terms. Developer must provide any Leasehold Mortgagee with notice of any proposed modification. 7. If City elects to terminate this Lease for any material default by Developer with respect to the Premises, the Leasehold Mortgagee that has become entitled to notice as provided in this section has not only any and all rights of Developer with respect to the curing of any default, but also the right to postpone and extend the specified termination date of the Lease ("Leasehold Mortgagee's Right to Postpone"), contained in any notice of termination by City to Developer ("Termination Notice"), for a maximum of ninety (90) days, subject to the following conditions: a. Leasehold Mortgagee must give Aviation Director written notice of the exercise of Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to the date of termination specified by Aviation Director in the Termination Notice and simultaneously pay to City all amounts required to cure all defaults then existing (as of the date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be cured by the payment of a sum of money. 17 b. If Leasehold Mortgagee's Right to Postpone is exercised, Leasehold Mortgagee must pay any sums and charges which may be due and owing by Developer and promptly undertake to cure, diligently prosecute, and as soon as reasonably possible, complete the cure of all defaults of Developer with respect to the Premises which are susceptible to being cured by Leasehold Mortgagee. Leasehold Mortgagee's exercise of its Right to Postpone may extend the date for the termination of this Lease specified in the Termination Notice for a maximum of six (6) months. C. If, before the date specified for the termination of this Lease as extended by a Leasehold Mortgagee's exercise of its Right to Postpone, Leasehold Mortgagee has performed and observed ail of Developer's covenants and conditions under the Lease with respect to the Premises and no further defaults with respect to the Premises have occurred which have not been timely cured, then all defaults under this Lease, with respect to the Premises, will be deemed to have been cured and City's Termination Notice will be deemed to have been withdrawn. d. Nothing herein may be deemed to impose any obligation on Citys part to deliver physical possession of the Premises to a Leasehold Mortgagee. e. If more than one Leasehold Mortgagee seeks to exercise any of the rights provided for in this Section 31, the most senior lien holder is entitled, as against the others, to exercise said rights. Should a dispute arise among Leasehold Mortgagees regarding the priority of lien, Leasehold Mortgagees must provide evidence substantiating the correct priority of the competing liens to the satisfaction of the City Attorney prior to taking any action with respect to exercising said lienholder rights. N. Intentionally Omitted. O. Radio Antenna - Subject to Aviation Director's prior written approval as to height and location, which will not be unreasonably withheld, conditioned or delayed, Developer may furnish and install, at its own expense, a radio antenna either adjacent to the Improvements or on the roof of the Improvements on the Premises subject to (a) any and all federal, state and local laws, ordinances, statutes, rules, regulations and orders applicable thereto; (b) Developer's obtaining any and all building and other permits, licenses and other approvals with respect thereto; (c) the antenna and building both must be structurally sound and not adversely affect the soundness of, or the condition of, the roof and/or other parts of the building; and (d) any and all costs of maintaining and operating the same must be paid entirely by Developer. Upon the expiration or earlier termination of this Lease, Developer shall cause the removal of the antenna(s) and the restoration of any damage to the Improvements and Premises caused by the installation and/or removal thereof. Developer shall be responsible for all costs for the repair and maintenance of said installation of the antenna. P. Intentionally Omitted. Q. Intentionally Omitted. R. Delegation — Any obligations of the Developer required by this Lease may be delegated to any sublessee by the terms of the sublease between the parties, provided that such delegation shall not relieve Developer of its liability and responsibilities under this Lease. 18 EXECUTED IN DUPLICATE ORIGINALS this day of She fir, 2010, by the authorized representative of the parties. Attest: City of Corpus Christi v LM a -ATmat e-�a 14tcwle � `A gel R. Escobar a City Secretary City Manager A7ved a to legal fo on 2070 AUTHORIZED _., .. � V � iav�fYl�/V sa��liMi01d8JIL1� 1 Elizab �� R. Hundley Assistant City Attorney for the City Attorney Developer: C rpuhri evelo ments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C. By: �-� Name: Kevin R. Jones Title: Managing Member Date: September 2, 2070 ACKNOWLEDGMENT STATE OF MISSOURI § § KNOW ALL BY THESE PRESENTS: COUNTY OF JACKSON § This instrument was acknowledged before me on September 2, 2010, by Kevin R. Jones, an authorized represerty } Cffpus Christi Developments 1, L.L.C., doing business as Corpus Christi FXG, L.L.C., a T4,� limited liability company, on behalf of the company. ,Ztw It "Il 'No ry PU' ic, State of Missouri 5 WVNQM WW%Wft SUPPLIER NUMBER TO BE ASSIGNED BY CITY r PURCHASING DIVISION CITY OF CORPUS CHRISTI City of C DISCLOSURE 4F INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA'. See reverse side for Filing Requirements, Certification and definitions. COMPANY NAME• Corpus Christi. Developments I, L.L.C. P. Q.Box: STREETAaCRESS: 4520 Madison CITY: Kansas City, MOZIP: 64111 Suite 100 FIRM IS: 1. Corporation ❑ 2_ Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 6. Other FX] . limited liability Company If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each'employee'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." NOT APPLICABLE 0% Dame Job Title and City Department(if known) 2. State the names of each 'official'of the City of Corpus Christi having an ownership interest" constituting 3% or more of the ownership in the above named'firm." NOT APPLICABLE 0—'- Name %Name Title 3. State the names of each "board member"of the City of Corpus Christi having an"own ershipp interest"constituting 3% or more of the ownership in the above named"firm." NOT APPLICALBE 0% Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NOT APPLICABLE 0-0. Name Consultant Page 1 of 2 FILING REQUIREMENTS If a person who request off+cial action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(4)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested;and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Kevip R. Jo Title: Managing Member Signature of Certifying Person: Data: _ 9/8/2 010 EFINiTIONS a. 'Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit." An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. RIFirm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including W not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official.°The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the Cfty of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. 'Constructively held' refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 'EXHIBIT LNV Inc. ENGINEERG&CVNBVLTANT6 901 Navlgo ton,Sults 300 Cotpus Chrtad,Twwx 78408 Phone:(369)883.1964 masa(305)883.4980 meld note description for an 8.18 acre tract of land out of Block 23, 7. C.Russell Farm Blocks, a sub- division of Nueces County, Texas,recorded in Volume 3,Page 53, Map Records,Nueces County, Texas Map Records, said 8.18 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 518 inch iron rod set in the Northeast right of way line of Pinson Drive, for the most Westerly and beginning comer of the tract herein described,from whence the intersection of the Northeast right of way tine of said Pinson Drive and-the Southwest right of way line of State Highway 44, bears North 370•47-37"West,a distance of 703.39 feet; Thence North 450-18'-15"East,withlu said Block 23,L C.Russell Farm Blocks,at approximately 515.55 feet pass the center of a pipeline running Bast-West in all,a distance of 517.77 feet to a 518 inch iron rod set for the Northwest comer of the tract herein described; Thence South 390-09'-43"East,at approximately 17.41 feet pass the center of a pipeline in all a distance of 159.83 feet to a 5/8 inch iron rod set for a comer of the tract herein described; Thence South 441-41'-45"East,a distance of 393.51 feet to a 5/8 inch iron rad set for a corner of the tract herein described; Thence South 18°-39'-58"East;stili within said Block 23.1 C.Russell Farm Blocks,a distance of 163.72 feet to a 518 inch iron rod found in the adopted north right of way line of Business Centre Boulevard,for tate most Easterly corner of the tract herein described; Thence in a Westerly and Southwesterly direction with said adopted North and Northwest right of way line of said Business Centre Boulevard,and with the are of a circular curve to the left,whose Central Angle is 430-Ol'-52';whose Radius its 330.00 feet, Chord Bearing N 670-07'-49"E,an Are Distance of 247.84 feet tot a 518 inch iron rod found for the P.T.of said curve and for a corner of the tract herein described; Thence South 451-36'-53" West with the adopted Northwest right of way line of said Business Centre Boulevard,a distance of 319.92 feet to a 518 inch iron rod found for the Point of Curve of a circular curve in the Northeast right ofway line of said Pinson Drive and for a corner of the point herein described; PAGE 1 Thence in a Westerly and Northwesterly direction, with the are of said circular curve, whose Central Angle is 890-411-22"whose Radius is 15.00 feet,a Chord Bearing N 9911-321-26"W,an Arc Distance of 23.48 feet to a 5/8 inch iron rod found for the Point of Tangency of said carve and for a corner of the tract herein described; Whence North 440411-45"West, with the Northeast right of way line of said Pinson Drive, a distance of 546.32 feet to the Point of Beginning. Containing more or less 8.18 acres of land. Basis for Bearings Texas State Plane,Zone 4205,Texas South Zone(NAD-83). State of Tessa County of Naecea I, Horacio Olrven-a, a Registered Professional Land Surveyor, of LNV Inc, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category I A,Land Title Survey. This the Z9 day of/tl ey 2010, O _ r ._. .. *. �.(Q�py9T�pOQ9tR HORAGf0 aL111 1lRA Horacio Oliveira •. . State of` mm Licrose No.2415 ' ° rJ �+• PAGE 2 Illl � il Ill � fl ` a b e Y ti x ssa'as•a 6a3z' Y ! W g . c o ,r a a i -- I ! / 5'W41W c anar n m oil r fig, x ko } _ EXHIBIT S a IMURM RFD JI MENT 1. & SSEE'S LIAB11,ITY INSURANCE A. The Lessee must not commence work under this agreement until helshe has obtained all insurance required herein and such insurance has been approved by the City Manager, or designee, ("City Manager").Nor may the Lessee allow any subcontractor to commence work-until all similar insumce. required of the subcontractor utas been so obtained. Each subcontractor roust obtain egtdvalent insurance as that required of Lessee. B. The Lessee must furnish to the City's Risk Matlager 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 cornpany(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice erCaecellatlon required on sill certifieatea Bodily Injury and iProporty Damage Commercial Generst Liability including, $1,000,000 COMBINED SINGLE LIMIT 1. Coramffl•clai Form 2. Promises-Operations 3. Producls/Completed-Operations Hazard 4. Contractual Insurance S. - Broad>ronn Property Damage 6. Independent Contractors 7. Pemonallydury AUTOMOBILE LIABILITY.-OWNED NON-OWNED $I,000,OUO COMBII+iED SINGLE LIMIT OR RENTED WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS'COMPENSATION COMPENSATION ACT AND PARAGRAPH it OF THIS EXHIBIT EMPLOYBRS'LIABILITY $100,000 BUILDERS RISK Equal to total cast of construct iv[t,must be carried unlit I. Ail Risk Form construction is completed and accepted by Lessee.In the event of future construction,this requiretnentwiil apply in the same mannerto the total cost ofconsiruction. PROPERTY and CAUSUALTY INSURANCE $NO L13SS THAN 90%OF REPLACEMENT VALUE, Against loss or damage lo improvements due to fire,lightning requirement begins upon completion and aeceptewe of and all other perils included in standard extended coverage construction by Lessee policies including vandalism and malicious mischief C. In the event of accidents of any kind,the Lessee roust furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties, MDUAlrbome Express Ins.req, 9.2.99 op Risk Mgmt. 1:I. ADEUMAL REQ]1111FI SM A. The Lessee must obtain workers' compensation coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company,the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. If such coverage is provided through self-insurance,then within 10 calendar days after the date the Contract Admlmstrator requests that the Lessee sign the contract documerits,the Lessee must provide the Risk Manager witb a copy of its certificate of autbority to self-insure its workers' compensation coverage,as well as a letter signed by the L$ssee 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 tim Lessee, 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 the Lessee must immediately provide written notice of such facts to the City Manager,by certified mail,return receipt requested directed to City of Corpus Christi,Aviation Department,P.O.Box 9277,Corpus Christi,TX 78469- 9277-Attention:Contract Administrator. Whether workers' compensation coverage is provided through a licensed insurance company or though self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi roust be named as an additional insured on the liability coverage,except farthe Workers'Cornpensatio n coverage and a blanket waiver of subrogation on all applicable policies. * Ifyour insurance company uses the standard ACORD form,the cancellation clause(bottorn right)rarest be amended by adding the wording"changed or" between"be"and"canceled", and deleting the words,"endeavor to",and deleting the wording after 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. Ce If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items LB(1)-(8),an authorized representative ofthe insurance company must include a letter specifically stating whether items JR (1)-(l3)are included or excluded. III. A completed Disclosure of Interest must be submitted with your proposal. ASSIGNMENT AND ASSUMPTION OF GROUND LEASE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE (the "Assignment") is effective as of the _t —day of _Oe pbt 2011 (the "Effective Date"), by and between CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus Christi FXG, L.L.C. ("Assignor") and MREIC CORPUS CHRISTI TX,LLC, a Texas limited liability company ("Assignee"), with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C, Freehold,New Jersey 07728, Attn: Mr. Eugene W. Landy,President, RECITALS WHEREAS, Assignor, as"Developer", has entered into a Ground Lease dated October 12, 2010, with CITY OF CORPUS CHRISTI ("Master Landlord"), as "Tenant", covering certain real property located in Nueces County, Texas, as more particularly described on EXHIBIT A attached hereto and incorporated herein by reference (the "Property"), a true and correct copy of which is attached hereto as EXHIBIT B ("Lease"). WHEREAS, Assignor desires to assign and transfer to Assignee all of the rights and benefits of Assignor as "Developer"under the Lease upon the terms set forth below. WHEREAS, by Assignment and Assumption of Sublease of even date herewith, Assignor has granted, sold, and conveyed to Assignee all of Assignor's interest as "Landlord" Linder that certain Sublease dated October 4, 2010, between Assignor and FedEx Ground Package System, Inc. covering the Property. WHEREAS,at public hearing on August 23, 2011,the City Council of the CITY OF CORPUS CHRISTI ("City Council") consented to this Assignment and Assumption of Lease and authorized the City Manager to execute the Landlord's Consent and Estoppel Certificate appended hereto. AGREEMENT NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by Assignee to Assignor,the receipt and sufficiency of which are hereby acknowledged, Assignor hereby ASSIGNS, TRANSFERS, SETS OVER, CONVEYS, and DELIVERS unto Assignee all of Assignor's interest in the Lease. TO HAVE AND TO HOLD the Assignor's interest in the Lease, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Assignee, Assignee's successors and assigns forever; and Assignor does hereby bind Assignor, and Assignor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular, the Assignor's interest in the Lease, unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. By execution hereof, Assignee assumes and is obligated to keep, fulfill, observe, perform and discharge each and every covenant, duty, debt, and obligation of the "Developer" that may accrue and become performable, due, or owing on after the Effective Date under the terms, provisions and conditions of the Lease. Assignor agrees to indemnify Assignee against and hold Assignee harmless from any and all cost, liability, loss, damage, or expense, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with Assignor's performance of or failure to perform any duties or obligations accruing under the Lease prior to the Effective Date. Assignee agrees to indemnify Assignor against and hold Assignor harmless from any and all cost, liability, loss, damage, or expense, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with Assignee's performance of or failure to perform any duties or obligations accruing under the Lease on or after the Effective Date. Assignor represents and warrants to Assignee that as of the Effective Date: (a) Assignor is the current owner and holder of all rights, titles, and interests of the "Developer" under the Lease, and Assignor's rights, title, and interest in the Lease have not been assigned,transferred, or mortgaged to any other party; (b) there are no uncured defaults by Assignor under the Lease nor does ally condition exist that, with the passage of time or the giving of notice or both, would constitute a default of Assignor under the Lease; (c) to the best of Assignor's knowledge, there is no uncured default by time or the giving of notice or both, would constitute a default by Master Landlord under the Lease; (d) Attached hereto as EXHIBIT B is a true, correct and complete copy of the Lease, including all amendments, addenda, and other modifications thereto; (e) The Lease contains the entire agreement between Assignor and Master Landlord and has not been amended, modified, or changed in any respect except as reflected in EXHIBIT B; (f) the Lease is in full force and effect; (g) there are no lease commissions or other fees payable to any real estate broker or agent in connection with this transaction arising by,through, or under Assignor; and. (h) Master Landlord agrees to pay to Assignor $25,801.80 upon issuance of the Certificate of Occupancy, in full satisfaction of Paragraph 6 of the Lease. Assignor and Assignee each agree to execute and deliver such other documents and instruments as may be necessary or appropriate to transfer, assign, convey and deliver the Lease and to otherwise accomplish the purposes and intent of this Assignment. Assignee shall promptly record a copy of the fully executed Assignment and Assumption Agreement in the Official Public Records of Nucces County,Texas. Assignee may not assign or transfer the Lease without the prior written consent of the City Council expressed by Ordinance. This Assignment is binding upon and inures to the benefit of the parties and their respective legal representatives, successors, and assigns. This Assignment may be executed in any number of counterparts, each of which will be deemed an original, and all of which -- taken together-- will constitute a single instrument. Executed pages from any counterpart may be attached to another counterpart to form a complete document. Assignment and Assumption RHF 8-17-11 b(2) 2 Corpus Christi,Texas IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below, but to be effective as of the Effective Date. ASSIGNOR: CORPUS CHRISTI DEVELOPMENT 1,L.L.C., a Missouri limited liability company d/b/a Corpus Cl inti C. By: Name: Kevin R. Jones Title: Manager STATE OF M 1515 cru R t § COUNTY OF § This instrument was acknowledged before me on the *lv' day of f m b ; 2011, by _Kevin R. Jones , the Manager of CORPUS CHRISTI DEVELOPMENT 1,LLC., a Missouri Iimited liability company, on behalf of said entity. gl fiyy KATHLEEN NIEDHO r'P G NOTARY PUDUC Nota Public,S rate of s��t Printed Name: X 44h i., en H 12,30t2 My commission expires: (Signatures continued on nextpage) Assignment and Assumption R1-1F 8-17-11 b 3 Corpus Christi,Texas ASSIGNEE: MREIC CORPUS CHMSTI TX,LLC, a Texas limited liability company By: Momnouth Real Estate Investment Corporation, a Maryland corporation, its Member By: Name: fidlWaeltrlq Title: QL°�1C�2l� Cramr�/ STATE OF J')'S § COUNTY OF Mhtp A § This instrument was acknowledged before me on the 2j' day of , 2011, by Atli Srm NAq M81'a, , the Op'np ramsP f of Monmouth Real Estate Investment Corporation, a Maryldud corporation, 1 ember, on behalf of MREIC CORPUS CHRISTI TX, LLC, a Texas limited liability company. E. Notary Public, Mte of � mvj 11 Printed Name: My commission expires: NOTARY PUBLIC OF NEW jERSE-r- „P -;.j .....,RIRF9 P". 12014 Assignment and Assumption RHF 8-17-11 b(2) Corpus Christi,Texas EXHIBIT A LEGAL DESCRIPTION I I-NV Inc. ENGINEERS&CONSULTANTS 001 Navigation,Suite 300 Corpus Christi,Texas 78408 Phone:(361)083-1984 Fax:(361)803-1906 Field note description for an 8.18 acre tract of laud out of Block 23,7_C.Russell Farm BIocks,a sub- division of Nueces County,Texas,recorded in Volume 3,Page 53,Map Records,Nucces County,Texas Map Records,said 8.18 acre tract of land being more particularly described by metes And bounds as follows: Beginning at a 518 inch iron rod set in the Northeast right of way line of Pinson Drive, for the most Westerly and beginning corner of the tract herein.described,from whence the intersection of the Northeast right of way line of said Pinson Drive and the Southwest right of way line of State Highway 44,bears North 370-07'-37"West,a distance of 70.39 feet; Thence North 45°-18'-15"East,within said Block 23,J.C.Russell Farm Blocks,at approximately 380 feet,pass the center of a pipeline running East-West,as per survey done by Maverick Engineering,Inc., dated September 25,2006,in all,a distance of 517.77 feet to a 518 inch iron rod set for the Northwest comer of the tract herein described; Thence South 89°-59'-43"East,a distance of 159.83 feet to a 5/8 inch iron rod set for a corner ofthe tract herein described; i Thence South 44141'-45"East,at approximately 160 feet pass said pipeline as per Maverick Engineering, Inc.in all a distance of 393.51 feet to a 5/8 inch iron rod set for a comer of the tract herein described; Thence South 18°-39'-58"}vast,still within said Block 23.J.C.Russell Farm Blocks,a distance of 163.72 feet to a 518 inch iron rod found in the adopted north right of way litre of Business Centre Boulevard,for the most Easterly corner of the tract herein described; Thence in a Westerly and Southwesterly direction with said adopted North and Northwest right of way line of said Business Centre Boulevard,and with the arc of a circular curve to the left,whose Central Angle its 43°-01'-52",whose Radins is 330.00 feet,Chord Bearing N 671-07'-49"E,an Are Distance of 247.84 feet tot a 518 inch iron rod found for the P.T.of said curve and for a corner of the tract herein described; Thence South 45'-36'-53"West,with the adopted Northwest right of way line of said Business Centre Boulevard,a distance of 319.92 feet to a 518 inch iron rod found for the Point of Curve of a circular curve in the Northeast right of way line of said Pinson Drive and for a corner of the point herein described; PAGE Assignment and Assumption RHF 8-17-11 h(2) Thence in a Westerly and Northwesterly direction,with the arc of said circular curve, whose Central Angle is 89°-41'-22"whose)Radius is 15.00 feet,a Chord Bearing N 89°-32'-26"W,as Are Distance of 23.48 feet to a 518 inch iron rod found for the Point of Tangency of said curve and for a corner of the tract herein described; Thence North 44041'-4511 West,with the Northeast right of way line of said Pinson Drive,a distance of 546.32 feet to the Point of Beginning. Containing more or less 8.18 acres of land. Basis for Bearings Teras State Plane,Zone 4205,Texas South Zone(NAD-83). State of Texas County of Nueces I, I3oracio Oliveira, a Registered Professional Land Surveyor,of LNV Inc, do hereby certify that the foregoing held Note Description was prepared from information of record and from a survey made on the I ground under my direction,and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category h-A,Land Title Survey. This the Z& day of 2010. ' r P..•'isle RF�4S Horacio Oliveira HOFiAC10 O�IV IRA State of Texas License No.1415 { q 1415 �Q si:iR PAGE 6 EXFIISIT"B" [Omitted for Recordation] 7 LANDLORD'S CONSENT AND ESTOPPEL CERTIFICATE ID 6-r THIS LANDLORD'S CONSENT AND ESTOPPEL CERTIFICATE ("Certificate") dated nC 1, 2011, is made by the City of Corpus Christi ("Landlord") to the above ASSIGNMENT AND ASSUMPTION OF GROUND LEASE ("Assignment and Assumption of Ground Lease") for the benefit of CORPUS CHRISTI DEVELOPMENT 1, L.L.C., a Missouri limited liability company d/b/a Corpus Christi FXG,L.L.C., ("Assignor"); and MREIC CORPUS CHRISTI TX,LLC,a Texas limited liability company ("Assignee"), with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C, Freehold,New Jersey 07728. RECITALS A. Landlord has leased the Real Property to Assignor pursuant to a ground lease (the "Lease")dated October 12, 2010, a copy of which is attached to the above Assignment and Assumption of Ground Lease The following information is a summary of the basic terms and conditions of the Lease: a. The Lease is for a base term of thirty (30)years commencing on the sixty-first(61st) day following final approval by the Landlord's City Council. The Lease commenced December 12, 2010, and shall expire December 11, 2040. b. Rent is abated for the period beginning on the commencement date until the date of beneficial occupancy as determined by the issuance of a certificate of occupancy by the Landlord ("Certificate of Occupancy")or September 1, 2011, whichever is earlier. c. Rent is due and payable on the first day of each calendar month of the Lease Term. Rent will be assessed as further defined in Section 7 of the lease, for the gross square footage of the Premises and paid on an annual basis to the Airport at the address show in Section 30 of the lease. d. The Lease covers the real property described in the above Assignment and Assumption of Ground Lease. e. The Real Property or its address is commonly known as 246 Glasson Drive, Corpus Christi,Texas 78406. B. Unless otherwise defined below, the capitalized terms herein shall have the meanings as set forth in the Assignment and Assumption of Ground Lease. AGREEMENT To induce Assignee to acquire Assignor's leasehold interest and for other valuable consideration, with knowledge that Assignee is relying thereon, Landlord hereby agrees with Assignee as follows: 1. CONSENT. Landlord acknowledges and agrees that it has fully consented to the assignment and transfer of Assignor's interest in the Lease to Assignee and to the assumption by Assignee of all obligations under the Lease. Additionally, Landlord consents to the lien of Sun National Bank and its successors and assigns attaching to Assignor's interest in the Lease. This consent will not be construed as a waiver of any rights Lessor may have against Assignor by reason of the past performance of Assignor. No provision of this consent alters or modifies any of the terms and conditions of the Lease, including the requirement that the written consent of Lessor be obtained with respect to any future assignment of the Lease. 2. ESTOPPEL. Landlord represents and warrants to Assignee that: 2.1. Lease in Effect. A true and correct copy of the Lease is attached to Assignment and Assumption of Ground Lease. The Lease (i) has been duly executed and accepted by Landlord and Assignor, (ii) is in frill force and effect, and (iii) has not been modified or changed, either in writing or orally. 2.2. Waiver of Cancellation Right: Landlord hereby waives any and all rights to cancel the Lease due to the failure of Assignor and FedEx Ground Package System, Inc. ("Sublessee") to execute a build to suit sublease on or before October 1, 2010, as required by Paragraph 4 of the Lease. Landlord acknowledges and agrees that Assignor executed such sublease with Sublessee on October 4, 2010, and that such sublease is in full force and effect and is permitted under the terms of the Lease. 2.3. Workers' Compensation Insurance, Landlord acknowledges and agrees that the requirement for the "Lessee" under the Lease to carry workers' compensation and employer's liability insurance does not apply to any such "Lessee" that does not have employees. However, worker's compensation insurance is required once Lessee mires paid employees. 2.4. No Default. As of the date of this Certificate and to Landlord's best knowledge and belief: (i) all conditions and obligations to be performed by either Landlord or Assignor under the Lease to the date hereof have been satisfied; (ii) there exists no breach, default, or event or condition which the giving of notice or the passage of time, or both,would constitute such a breach or default under the Lease: and (iii) there are no existing claims, defenses or offsets against obligations of either Landlord or Assignor under the Lease, including any against rents due or to become due under the terms of the Lease. Further, Landlord agrees to pay to Assignor $25,801.80 upon issuance of the Certificate of Occupancy, in full satisfaction of Paragraph 6 of the Lease. 2.5. Entire Agreement. The Lease constitutes the entire agreement between Landlord and Assignor with respect to the Lease of the Real Property. 2.6. No Prepaid Rent.No deposits or prepayments of rent have been made in connection with the Lease except as may be described above in the summary description of the Lease. 3. MISCELLANEOUS PROVISIONS: This Certificate shall extend to and bind the respective heirs, personal representatives,successors and assigns of the parties to this Certificate. This Certificate shall be governed by and construed in accordance with the laws of the State of Texas. If Landlord is other than an individual, any agent or other person executing this Certificate on behalf of Landlord represents and warrants to Assignee that he or she has full power and authority to execute this Certificate on Landlord's behalf. Assignee shall not be deemed to have waived any rights under this Certificate unless such waiver is in writing and signed by Assignee.No delay or omission on the part of Assignee in exercising any right shall operate as a waiver of such right or any other right. A waiver by Assignee of a provision of this Certificate shall not constitute a waiver of or prejudice Assignee's right otherwise to demand strict compliance with that provision or any other provision. Commerce 9 Bank N.A. has provided Assignor and Landlord with written consent of this Assignment and Assumption Agreement, and a copy of consent by Commerce Bank N.A. is attached. THIS CERTIFICATE IS DATED September L2-,2011 LANDLORD: A pprowd as to form; e1. ? ti ti CITY OF CORPUS CHRISTI Name: Title: At�<dn� Ln a STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledad�,4bANgCh re me on the -day of 2011, by �{ C, Q the h� behalf of the City of Corpus Christi. �;�pAYP 6 MENU U Lr GRASZ °" `'�`= Natury public Notary Public, State Texas * '*= STATE OF TEXAS Printed Name: My Comm. Exp. 05.07-2012 My commission expires: 2 2q QJAUTHORIZED NY COUNCIL...J�o�1.�.�j . ................ c. SECRE-fhl7 . 10 CONSTRUCTION LENDER'S CONSENT TO ASSIGNMENT This Consent("Consent")is made August_2011,by Commerce Bank,a Missouri bank and trust company, formerly known as Commerce Bank,N.A. of 1000 Walnut, 18th Floor,Kansas City,Missouri 64106(Lender)for the benefit of the CITY OF CORPUS CHRISTI("Ground Lessor'). RECITALS A. Lender is the beneficiary of a Deed of Trust("Deed of Trust")dated December 13,2010 riled under Instrument File Number 2010045615 and refiled as Number 2011002256,Official Records of Nueces County,TX executed by Corpus Christi Developments 1,L.L.C.("Ground Lessee") securing a note of even date in the amount of$3,400,000. B. The Deed of Trust encumbers the property particularly described on EX MIT A attached hereto and incorporated herein by reference(the"Real PropeW). C. Ground Lessee, as "Developer", has entered into a Ground Lease dated October 12, 2010, with Ground Lessor covering the Real Property("Ground Lease"). D. Ground Lessee is assigning its interest in the Ground Lease to MREIC CORPUS CHRISTI TX,LLC,a Texas limited liability company("Assignee"),with mailing address of Juniper Business Plaza, 3499 Route 9 North, Suite 3-C,Freehold,New Jersey 07728. CONSENT Lender hereby consents to the assignment of the Ground Lease by Ground Lessee to Assignee,provided however, that concurrent with the assignment,Lender is paid in full. IN WITNESS WHEREOF, the Lender has caused this Consent to be executed as of the day and year first above written. Commerce Bank,a Missouri bank and trust company, formerly lmawn as Commerce Bank,N.A. B L �� Y� Mike olson, Senior Vice-Pry ident STATE OF l+IIISSOURI § COUNTY OF JACKSON § This instrument was acknowledged before me on the day of August,2011,by John S.Mikelson,the Senior Vice-President,on behalf of Conlmerce Bank,a Missouri bank and trust company, formerly known as Commerce Bank,N.A. DONNA K. SAMS Notary Public-Notary Seal STATE OF MISSOURI Jackson County My Commission i`xpires Dec. 1, 2012 Notary Public, State of Commission#`0$692564 Printed Name0:A C� rm ; _ .. _ _. My commission expires: b Z-